2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
166
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
167
168
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/3/2026
Polley Insurance and Risk Management,
An Alliant Company
12150 Tributary Point Dr., Suite 200
Gold River CA 95670
916-984-3000 916-984-3100 [email protected] Canopius US Insurance Inc 12961 Signature Painting, Inc.
PO Box 16562
Irvine CA 92623
1630697668
A X 2,000,000 X 100,000 5,000 2,000,000 4,000,000 X
Y PIV1CP004991 11/7/2025 11/7/2026
4,000,000
RE: Rail Crossing Bridge Painting - Artesia Blvd, Located at the Artesia Boulevard Rail Crossing Bridge, between Condon Avenue and Firmona Avenue.
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277 169
COMMERCIAL GENERAL LIABILITY
CG 20 33 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – AUTOMATIC STATUS WHEN
REQUIRED IN A WRITTEN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy.
Such person or organization is an additional
insured only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
However, the insurance afforded to such
additional insured:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
the failure to render any professional
architectural, engineering or surveying
services.
170
2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
171
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
172
173
Administrative
Report
H.8., File # 26-1000 Meeting Date: 9/15/2026
To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
TITLE
APPROVE AN AGREEMENT WITH ALTA PLANNING + DESIGN, INC. FOR THE DESIGN OF
TRAFFIC SIGNAL IMPROVEMENTS AT BERYL ST AND NORTH MARIA AVE IN AN AMOUNT NOT TO EXCEED $79,700 AND A TERM THROUGH SEPTEMBER 15, 2029
EXECUTIVE SUMMARY
The Citywide Traffic Signal Replacement and Repair project is intended to refurbish and repair existing traffic signals at locations where grant funding is not typically available or where urgent repairs are needed. The City has appropriated local return funds since FY 2019-20 to this Capital Improvement Program (CIP) project account to address deferred maintenance and aging traffic signal equipment.
Alta Planning and Design, Inc. (Alta) is a nationwide transportation firm experienced with traffic signal design, curb ramp design, and projects near school sites. The proposed agreement, if approved, would authorize Alta to develop all applicable plans and specifications required to replace the Beryl/Maria traffic signal and prepare bid ready documents for advertisement.
BACKGROUND
In 2023, an older traffic signal pole at the intersection of Beryl Street and N. Maria Avenue was removed due to a traffic collision. Two traffic signal mast arm poles serving Beryl Street were installed as an interim measure, but staff had to procure special custom parts in order to place standard poles in older foundations. In addition, staff encountered unexpected utility and electrical constraints. While the situation was stabilized at the time, all other components of the traffic signal, such as push buttons, remaining poles, controller equipment, and detection systems, are considered non-standard and at the end of their service life.
At the November 27, 2023 Public Works Safety and Sustainability Commission (PWSSC) meeting, the commission recommended upgrading traffic signal equipment at the intersection to current standards and adding (marking) the fourth crosswalk across the northeasterly leg of Beryl Street.
Providing these upgrades would require a full replacement of all signal components that weren’t already addressed due to the traffic collision, and a cost was provided to the City Council for budget consideration. Since then, the City has been accumulating funds in the Citywide Traffic Signal Replacement and Repair project account for the work. Funding is now estimated to be sufficient to initiate the design process and construct the project, which will consist of traffic signal replacement, crosswalk addition, bulb out curb ramps, updated signal timing, and associated traffic striping. Bulb out curb ramps, or curb extensions, have proven to improve pedestrian safety and are typically
174
H.8., File # 26-1000 Meeting Date: 9/15/2026
out curb ramps, or curb extensions, have proven to improve pedestrian safety and are typically popular with the public. They also prevent drivers from blocking crosswalks, which is especially important during school drop-off times. To comply with Federal law, bulb outs may be required in order to meet current ADA standards for ramps and signal poles. Additionally, because current standard signal poles are larger with deeper foundations, bulb out curb ramps provide the extra space necessary to place signal poles without utility conflicts. Bulb outs also assist with providing dual curb ramps (one ramp per crosswalk generally required) and compliant pedestrian push button positioning per current ADA standards. Lastly, bulb outs help reduce the chances for less intuitive and less preferred design features such as retaining curbs and non-walkable surfaces.
Alta is ready to proceed with full design plans for the intersection. Staff received design services proposals from two prospective consultants and is recommending the City Council approve an agreement with Alta, which provided a proposal that included the best combination of price, expertise, and value to the City.
Alta’s proposed contract covers all necessary scope items to prepare plans and specifications for this signalized intersection. Services under the proposed agreement will be provided for a not-to-exceed cost of $79,700. Staff recommends approving the proposed agreement to proceed with design of the project.
COORDINATION
The Agreement has been reviewed and approved as to form by the City Attorney’s Office.
FISCAL IMPACT
The cost of design services is $79,700. Funding for the design agreement is available in the Citywide Traffic Signal Replacement and Repair project account #41200.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - Alta Planning + Design, Inc.
· Insurance - Alta Planning + Design, Inc.
175
1 AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND ALTA PLANNING + DESIGN, INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Alta Planning + Design, Inc., a California corporation ("Consultant" or “Contractor”).
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.
5. Agreement to Comply with California Labor Law Requirements. Consultant agrees to comply with all applicable California Labor Law Requirements as set forth in Exhibit "E".
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
176
2 3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least five (5) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
177
3 7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver. 178
4 11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, 179
5 penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D".
Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, and employment laws. a. Acknowledgement. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of 180
6 Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Labor Law Requirements. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference. State prevailing wage determinations are available on the California Department of Industrial Relations (“DIR”) website located at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any 181
7 or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement. 182
8 27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 810 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty; Correction of Work. Consultant warrants that all products, equipment, materials, services, deliverables, and work provided under this Agreement shall:
a. be delivered with good title, free of liens, claims, and encumbrances; b. conform to all requirements of this Agreement;
c. be new and of good quality, unless otherwise expressly approved by the City in writing;
d. be free from defects in design, materials, manufacture, fabrication, installation, and workmanship; and
e. be fit and suitable for their intended purpose.
Unless a longer warranty period is specified in this Agreement or provided by an applicable manufacturer, supplier, subcontractor, or other third party, the warranties in this Section shall remain in effect for one (1) year from the latest of the date of delivery, completion of the applicable services or work, installation and operational testing, if applicable, or acceptance by the City. The City’s 183
9 inspection, testing, use, payment, or acceptance of any product, service, deliverable, or work shall not waive any warranty or relieve Consultant of any obligation under this Section.
Consumable items shall be warranted for thirty (30) days from the date of delivery or acceptance by the City, whichever is later. For purposes of this Section, “consumable items” means items intended to be routinely consumed, depleted, or replaced through normal use, such as disposable filters, fluids, and replaceable lamps. Consumable items do not include installed equipment, batteries, electrical or lighting components or assemblies, finishes, graphics, manufactured or fabricated components, or any other item intended to remain in service as part of the completed product or work.
If, during the applicable warranty period, the City determines that any product, equipment, material, service, deliverable, or work is defective or nonconforming, Consultant shall, upon the City’s written notice and at Consultant’s sole cost and expense, promptly repair, correct, remove, replace, or reperform the defective or nonconforming product, service, deliverable, or work. Consultant’s obligations shall include all labor, professional services, supervision, materials, equipment, testing, transportation, removal, disposal, reinstallation, restoration, and other costs necessary to provide fully conforming products, services, deliverables, and work.
If Consultant fails to begin and diligently complete the required correction within the time specified by the City, or immediately when necessary to protect persons or property or prevent interruption of City operations, the City may correct, replace, or reperform the defective or nonconforming product, service, deliverable, or work itself or through others. Consultant shall reimburse the City for all costs and expenses incurred by the City.
Any repaired, corrected, replaced, or reperformed product, service, deliverable, or work shall be warranted for one (1) year from the date the repair, correction, replacement, or reperformance is completed and accepted by the City, or for the remainder of the original warranty period, whichever is longer.
Consultant shall obtain and pass through to the City all applicable manufacturer, supplier, subcontractor, and other third-party warranties, together with all documentation reasonably necessary for the City to enforce those warranties.
Third-party warranties are in addition to, and shall not limit, reduce, replace, or condition, Consultant’s obligations under this Section.
Nothing in this Section shall limit Consultant’s obligation to correct, replace, or reperform defective or nonconforming products, services, deliverables, or work or Consultant’s indemnity obligations under Section 14. The warranties, obligations, and remedies set forth in this Section are cumulative and are in addition to all 184
10 other rights and remedies available to the City under this Agreement or applicable law.
The warranties and obligations set forth in this Section shall survive completion, acceptance, payment, termination, and expiration of this Agreement and shall remain in full force and effect for the applicable warranty periods stated herein and under any assigned or passed-through third-party warranties.
34. Severability. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
37. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which when taken together shall constitute one agreement. Signatures transmitted electronically or executed by electronic signature shall have the same force and effect as original signatures.
SIGNATURES FOLLOW ON NEXT PAGE
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11 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 15th day of September, 2026.
CITY OF REDONDO BEACH, ALTA PLANNING + DESIGN, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Joy A. Ford, City Attorney
Vice President
Steven Frieson
9/4/2026 | 11:42 AM PDT
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12 EXHIBIT "A"
PROJECT DESCRIPTION/SCOPE OF SERVICES
A. PROJECT OVERVIEW. The project will replace and upgrade the traffic signal and all associated traffic signal equipment at the Beryl Street and N Maria Avenue intersection due to aging infrastructure. The existing intersection includes two newer traffic signal poles and mast arms. As part of the design process, Consultant shall evaluate whether those poles and mast arms can be retained and incorporated into the upgraded traffic signal system. All other traffic signal components shall be replaced. The project also includes updated signal timing, associated striping, new bulbout curb ramps, and installation of the fourth crosswalk at the intersection. The project will modernize the intersection and improve safety for the area and nearby school.
B. SCOPE OF WORK. Consultant shall prepare updated signal timing, signing & striping, traffic signal, and civil/curb ramp plans associated with the traffic signal at Beryl and N Maria Avenue. Consultant shall also provide project management and coordination, right-of-way survey and existing conditions review, and plans, specifications, and estimates. Consultant shall also provide design services during construction and record drawings.
C. TASKS AND ACTIVITIES
1. Task 1 – Project Management and Coordination. Consultant shall ensure its Project Manager provides project management, administration, and coordination throughout the duration of the project, including schedule tracking, invoicing, progress updates, and coordination between Consultant’s traffic engineering, traffic design, civil design, and survey subcontractor teams.
Consultant shall attend a kickoff meeting with City staff to confirm project goals, available background information, design expectations, schedule, deliverable format, City equipment preferences, and project assumptions.
Consultant shall provide quality assurance/quality control through Consultant's internal QA/QC process, and ensure its senior staff reviews major submittals prior to delivery to confirm consistency with the project scope, City standards, applicable design criteria, and the latest CA MUTCD requirements.
Consultant shall ensure its QA/QC process follows the intent of Alta Quality Assurance (“AQUA”), with originator, checker, back-checker, and senior review roles identified for major deliverables.
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13 2. Task 2 - Existing Conditions Review and Topographic/Right-of-Way Survey.
Consultant shall review City-provided background information, coordinate the topographic and right-of-way survey, and confirm whether recent traffic count data is available or if new counts are needed.
The background review is anticipated to include available record drawings, signal plans, timing sheets, utility information, City equipment preferences, and information related to the 2023 mast arm replacement on the Beryl Street approaches.
Consultant shall use Builoff Surveying & Mapping, Inc. (“Builoff”) to prepare a detailed topographic and right-of-way survey for the full intersection and each of the four roadway approaches, extending approximately 30 feet beyond the beginning-of-curb-return/end-of-curb-return points on each approach.
Consultant shall remain responsible for Builoff’s performance and all work performed by Builoff under this Agreement.
Consultant shall perform, or cause its subcontractor to perform, a survey that documents roadway and sidewalk grades, curb and gutter, curb returns, curb ramps, driveways, crosswalks, striping, traffic signal equipment, visible surface utilities, drainage features, and other visible improvements needed to support the signal, bulbout, curb ramp, crosswalk, and signing/striping design.
The survey shall also establish street centerlines and right-of-way lines from available public records and field measurements.
Consultant shall conduct a site review to confirm survey coverage, observe existing ADA accessibility, drainage, and intersection conditions, and identify any additional information needed to support the design.
3. Task 3 - Traffic Engineering and Signal Timing. Consultant shall review available existing signal timing, phasing, pedestrian timing, and intersection operations information provided by the City.
Consultant shall prepare Synchro analysis and develop updated signal timing recommendations based on City-provided traffic count data. Consultant shall notify the City if available traffic count data is insufficient or additional traffic count data is needed to complete this Task. If new traffic counts are requested by the City, such services are outside the scope and compensation of this Agreement and shall require a written amendment to the Agreement.
Consultant shall ensure the signal timing recommendations include phasing, clearance intervals, pedestrian timing, and related timing parameters needed to support the proposed signal replacement.
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14 4. Task 4 - Plans, Specifications, and Estimates. Consultant shall prepare Plans, Specifications, and Estimate (“PS&E”) construction documents for the replacement of the existing traffic signal and associated intersection improvements at Beryl Street and N Maria Avenue. Consultant shall prepare 60%, 90%, and final PS&E submittals for City review and approval.
Consultant shall ensure the traffic design shall advance the City's preferred improvements through 60%, 90%, and final PS&E submittals for City review prior to bidding and construction.
The traffic signal design shall include replacement of the existing traffic signal equipment, including a new cabinet and controller, signal heads, pedestrian signal equipment, accessible pedestrian signals (APS), conduits, pull boxes, wiring, video detection, bicycle detection feedback, and related signal components. Consultant shall coordinate with the City to confirm preferred traffic signal equipment and applicable City and Caltrans standards to be incorporated into the final design. In addition, Consultant shall evaluate whether the recently installed Beryl Street mast arm poles can be retained based on available record information and the proposed design. Structural analysis of the existing poles is not included in Consultant’s scope.
The civil improvements shall include design of curb extensions (bulbouts), curb return modifications, ADA-compliant curb ramps, and the installation of the missing fourth crosswalk. The designs will be in accordance with the City of Redondo Beach Standard Plans, supplemented by the Greenbook Standard Specifications for Public Works Construction, Caltrans Standard Plans and Specifications, and NACTO (National Association of City Transportation Officials) Urban Street Design Guide. Consultant shall use the project topographic and right-of-way survey to evaluate grades, tie-ins, visible drainage patterns, and visible utility constraints. Detailed drainage analysis and utility relocation design are not included in Consultant’s scope.
Consultant shall prepare the signing and striping plans in accordance with the latest CA MUTCD, applicable City standards, and relevant traffic engineering best practices. The plans shall include pavement markings, crosswalks, limit lines, lane lines, and existing/ proposed signage.
Consultant shall prepare the 60%, 90%, and final improvement plans to identify limits of improvements, including the replacement of curb and gutter, sidewalk, ADA non-compliant curb ramps to be upgraded, curb extensions, pavement rehabilitation requirements, limits of pavement removals, driveways, and traffic signal improvements. The plans shall include dimensions, layouts, and construction notes necessary to construct the intersection improvements. Consultant shall base the design on the project topographic and right-of-way survey, Consultant’s field verification, and asbuilt information provided by the City. The plan package is anticipated to 189
15 include up to eleven (11) total sheets, with intersection plan sheets generally prepared at 1" = 20' scale as provided below, unless otherwise coordinated with the City.
Sheet Type Sheet
Count
Notes
Title Sheet / General Notes Up to 1 Project title, vicinity map, sheet index, general notes, abbreviations, and legend.
Traffic Signal Replacement
Plan
Up to 2 New cabinet/controller, signal equipment, conduit, pull boxes, wiring, video detection, bicycle detection
feedback, and pedestrian signal equipment.
Signing and Striping Plan Up to 1 Associated signing, striping, pavement markings, limit lines, and missing fourth crosswalk.
Civil Improvement / Bulbout
and Curb Ramp Plans
Up to 2 Bulbouts, curb return modifications, curb ramps, ADA grading, and tie-in information based on the project
topographic and right-of-way survey.
Details / Quantities Up to 5 Applicable details, notes, quantities, and construction references.
Total Anticipated Plan
Package
Up to 11 Total anticipated plan sheets for the project scope.
In addition to the plans, Consultant shall prepare project-specific technical specifications or special provisions for the signal, detection, signing/striping, and civil improvements as needed, and shall prepare an opinion of probable construction cost for the proposed improvements. Consultant shall prepare estimates providing quantities and unit costs, supported by necessary backup information. Following the 60% and 90% submittals, Consultant shall address one round of consolidated, non-conflicting City comments for each submittal.
Consultant shall prepare the City’s final signed and stamped plans after incorporating the City’s final comments and obtaining its approval.
5. Task 5 - Design Services During Construction and Record Drawings.
Consultant shall provide limited design services during construction, including responses to up to four RFIs, review of up to four submittals, and attendance at up to one virtual construction coordination meeting.
Consultant shall prepare record drawings based on redlines provided by the City designated contractor following construction.
Excluded from this scope are construction staking, construction management, construction inspection, field verification of as-built conditions, and contractor means and methods review.
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16 D. DELIVERABLES
1. Task 1. Kickoff meeting, project management, invoicing, progress reporting, internal coordination, and QA/QC review for major deliverables
2. Task 2. Background information review, site visit, signed and sealed 1" = 20' topographic and right-of-way survey map, AutoCAD/Civil 3D base drawing with survey points and surface/TIN, LandXML surface file, CSV point file, and traffic count data confirmation with the City.
3. Task 3. Synchro analysis and updated signal timing recommendations.
4. Task 4. 60% PS&E, 90% PS&E, final signed and stamped plans, technical specifications or special provisions as needed, and opinion of probable construction cost.
5. Task 5. Responses to up to four RFIs and up to four submittal reviews, one virtual construction coordination meeting, and record drawings based on redlines provided by the City designated contractor.
E. PERFORMANCE REQUIREMENTS. Consultant shall perform the services in accordance with all applicable provisions of the Redondo Beach Municipal Code, Caltrans standards, AASHTO, CA MUTCD, and other applicable traffic engineering standards and guidance.
F. ASSUMPTIONS AND EXCLUSIONS
1. The City will provide available CAD base files, aerial imagery, record drawings, signal plans, timing sheets, 2023 mast arm replacement information, utility information, City equipment preferences, and relevant City standards.
2. The City will provide any standard front-end bidding and contract documents, if needed; Consultant scope is limited to preparing technical specifications or special provisions related to the proposed traffic signal, signing/striping, and civil improvements.
3. The topographic and right-of-way survey will be performed one time within the limits described in Task 2 and will include a signed and sealed survey map, Civil 3D-compatible base drawing, survey points, surface/TIN, LandXML file, and CSV point file.
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17 4. The survey includes visible surface evidence of utilities and right-of-way determination based on available public records and field measurements. It does not include a title report, easement research or plotting, private property boundary surveying beyond the stated right-of-way determination, legal descriptions, an ALTA/NSPS Land Title Survey, subsurface utility locating, geophysical investigation, potholing, underground utility verification, construction staking, survey monument setting or restoration, agency review fees, traffic control, lane closures, flaggers, or traffic control/encroachment permits.
5. Traffic counts are not included in this scope or compensation under this Agreement. Consultant shall confirm whether the City has recent traffic count data, and new counts may be added. If new traffic counts are required and the City requests Consultant to obtain them, such services shall require a written amendment to the Agreement.
6. Synchro analysis and signal timing recommendations assume recent traffic count data is provided by the City or obtained pursuant to a written amendment prior to the traffic engineering work.
7. Detailed drainage analysis, hydrology/hydraulics calculations, utility potholing, utility relocation design, geotechnical services, pavement design, structural analysis, lighting analysis, and foundation design recommendations are not included.
8. Structural analysis, foundation analysis, or certification of the existing Beryl Street mast arm poles are not included. Consultant shall review preservation feasibility based on available records, visual field observations, and proposed design needs only.
9. The plan package is anticipated to include up to eleven (11) total sheets.
Additional sheets, expanded design limits, or larger scale detail sheets requested by the City are outside the scope and compensation of this Agreement and shall require a written amendment to the Agreement.
10.Consultant shall prepare project-specific technical specifications or special provisions as needed for the signal, detection, signing/striping, and civil improvements; a full project manual or front-end bidding documents are not included in the scope or compensation under this Agreement.
11.Consultant shall address one round of consolidated, non-conflicting City comments after the 60% submittal and one round after the 90% submittal.
Additional comment cycles or conflicting direction may constitute additional 192
18 services, and if additional compensation is required, both parties shall execute a written amendment. “Conflicting direction” means a material change in City direction that requires substantial redesign of previously completed work.
12.Consultant shall prepare record drawings using redlines provided by the City designated contractor; field verification, as-built survey, and construction inspection are not included.
13.Construction staking, construction management, construction inspection, public outreach, community meetings, permit processing, and contractor means and methods review are not included. Traffic control, lane closures, flaggers, and encroachment permits required specifically for survey activities are also excluded.
14.Final deliverables will include signed/stamped PDF plans and electronic source files as appropriate for the agreed scope.
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19 EXHIIBIT "B"
TERM AND TIME OF COMPLETION
TERM. This Agreement shall commence on September 16, 2026 and shall continue through September 15, 2029 unless otherwise terminated as herein provided.
PERFORMANCE SCHEDULE. City estimates that the design phase will take approximately one year to complete, culminating in the approval of plans and specifications. Following completion of the design phase, the City anticipates putting the project out to bid and proceeding with construction. Consultant shall also provide construction phase services and record drawings described in Exhibit “A.” The project schedule shall be mutually determined by the parties and shall not extend beyond the expiration date of this Agreement, as amended.
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20 EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid as follows:
Task Fee
Task 1 - Project Management and Coordination $9,980
Task 2 - Existing Conditions Review and Topographic/Right-of-Way Survey $9,560
Task 3 - Traffic Engineering and Signal Timing $3,400
Task 4 – Plans, Specifications, and Estimates $47,800
Task 5 - Design Services During Construction and Record Drawings $8,960 TOTAL $79,700
B. REIMBURSABLE EXPENSES. Consultant’s compensation is fully burdened and the City shall not separately reimburse Consultant for any expenses arising out of or related to the performance of this Agreement.
C. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to the Consultant exceed $79,700 during the term of this Agreement.
D. METHOD OF PAYMENT. Consultant shall submit a monthly invoice for services performed in the prior month. Each invoice shall indicate the dates of service, description of services performed, applicable task number, task fee, percentage of applicable task completed during the billing period, prorated task amount, the total amount, and, if applicable, the cost of City preapproved subcontractors plus markup.
Invoices must be itemized, adequately detailed, based on accurate records, and, if applicable, attach subcontractor invoices. Invoices must be in a form reasonably satisfactory to the City. Consultant may be required to provide backup material upon request.
For services that are only partially completed within a month (or billing period), the City will make prorated payments based on the percentage of completion, as reasonably determined by the City in consultation with the Consultant. The percentage of completion is calculated as the value of satisfactorily completed work (measured by deliverables, progress reports, or other agreed upon metrics) divided by the total value of the task. The Consultant must provide supporting documentation, which may include time logs, progress updates, or partial 195
21 deliverables. Any remaining balance is payable upon full completion of the task and approval.
E. SCHEDULE FOR PAYMENT. The City will make full payment within 30 days after City’s receipt of Consultant’s invoice, provided that the services are completed to the City's reasonable satisfaction. Notwithstanding the foregoing, the City may withhold any payments, or portion thereof, that the City disputes in good faith until the dispute is resolved, to the maximum extent permitted by law.
F. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Consultant: Alta Planning + Design, Inc.
811 W 7th Street, 7/F
Los Angeles, CA 90017
Attention: Steven Frieson, PE
Email: [email protected]
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street, Door 2
Redondo Beach, CA 90277
Attention: Ryan Liu, PE
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section.
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22 EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit of $4,000,000 shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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23 Other Insurance Provisions
The general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
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24 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
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25 EXHIBIT "E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Consultant acknowledges that the project as defined in this Agreement is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Consultant shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
5. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
6. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 200
26 8. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
10. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless, and defend (at Consultant’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties, or other amounts arising out of or incidental to any acts or omissions listed in this Exhibit “E” by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement. 201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2025/12)
© 1988-2025 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Willis Towers Watson Insurance Services West, Inc.
4031 Aspen Grove Drive,
4th Floor, Suite 450
Franklin, TN 37067 USA
Alta Planning + Design, Inc.
1200 17th St., Suite 860
Denver, CO 80202
Re: 2600824 - Redondo Beach CA Beryl/Maria Signal
Project 304.2600824.P00.
Umbrella/Excess Liability policy schedule of underlying insurance includes the General Liability, Automobile Liability and Workers Compensation policy.
SEE ATTACHED
City of Redondo Beach
415 Diamond St
Redondo Beach, CA 90277 Page 1 of 2 09/02/2026 WTW Certificate Center 1-877-945-7378 1-888-467-2378 [email protected] National Union Fire Ins Co of Pittsburgh Allied World Insurance Company AIU Insurance Company Allied World Surplus Lines Insurance Compa Lexington Insurance Company 19445 22730 19399 24319 19437 W47810308 2,000,000 2,000,000 10,000 2,000,000 4,000,000 4,000,000 5,000,000 Y Y 042670158 12/31/2025 12/31/2026 12/31/2025 12/31/2026 Y Y A 042670159 A B
C
D
10,000 No Professional Liab incl Pollution 0314-9729 12/31/2025 042670162 Y 12/31/2025 0313-8987 12/31/2025 12/31/2026 12/31/2026 12/31/2026 Each Claim Limit Policy Aggregate $5,000,000 $5,000,0005,000,000 5,000,000 1,000,000 1,000,000 1,000,000 SR ID: 30574454 BATCH: 4592595 202
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
Alta Planning + Design, Inc.
1200 17th St., Suite 860
Denver, CO 80202
The City, its officers, elected and appointed officials, employees, and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability
General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds.
Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability and Workers Compensation as permitted by law.
INSURER AFFORDING COVERAGE: National Union Fire Ins Co of Pittsburgh NAIC#: 19445 POLICY NUMBER: 042670160 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 ADDITIONAL INSURED: Y
SUBROGATION WAIVED: Y
TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Auto Liability - MA Combine Single Limit $5,000,000
Any Auto Each Accident
INSURER AFFORDING COVERAGE: AIU Insurance Company NAIC#: 19399 POLICY NUMBER: 042670161 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 SUBROGATION WAIVED: Y
TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Workers Compensation (WI) E.L. EACH ACCIDENT $1,000,000 & Employers Liability E.L. DISEASE - EA EMP $1,000,000
Per Statute E.L. DISEASE-POL LMT $1,000,000
INSURER AFFORDING COVERAGE: Lexington Insurance Company NAIC#: 19437 POLICY NUMBER: 012147867 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Excess Liability Each Occurrence $5,000,000
excess of $5,000,000
2 2
Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance SR ID: 30574454 BATCH: 4592595 CERT: W47810308 203
12/31/2025
TRILON GROUP, LLC
042670159
PER SCHEDULE ON FILE WITH COMPANY
204
90 205
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
Endorsement Effective Date:
Named Insured:
SCHEDULE
Name Of Person(s) Or Organization(s):
COVERED AUTOS LIABILITY COVERAGE
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule
is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1.
of Section II - Covered Autos Liability Coverage in
the Business Auto and Motor Carrier Coverage
Forms and Paragraph D.2. of Section I - Covered
Autos Coverages of the Auto Dealers Coverage
Form.
CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1 0426-70-159
TRILON GROUP, LLC
12/31/2025
AS REQUIRED PER WRITTEN CONTRACT
206
12/31/2025
0426-70-158
TRILON GROUP, LLC
PER SCHEDULE ON FILE WITH COMPANY
207
90 208
0426-70-158
209
210
0426-70-158
211
AE 00025 00 (03/21)
ENDORSEMENT NO. 5
ADVICE OF CANCELLATION TO ENTITIES OTHER THAN
THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION
This Endorsement, effective at 12:01 a.m. on December 31, 2025, forms part of Policy No. 0313-8987
Issued to Trilon Group, LLC
Issued by Allied World Surplus Lines Insurance Company
In consideration of the premium charged, it is hereby agreed that:
In the event that the Company cancels this Policy for any reason other than nonpayment of premium, and
1. the cancellation effective date is prior to this Policy’s expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter, the "Certificate Holder(s)"); and has provided to the Company, either directly or through its broker of record, the email address of the contact at such entity; and
3. the Company receives this information after the First Named Insured receives notice of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Company;
the Company will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders not later than thirty (30) days before the effective date of cancellation.
Proof of the Company emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Company has fully satisfied its obligations under this Endorsement.
This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy.
Any failure on the Insurer’s part to deliver the Advice will not impose liability of any kind upon the Insurer or invalidate the cancellation.
Any Certificate Holder is not an Insured or a Loss Payee under this Policy. No coverage will be available under this Policy for any Claim brought by or against any Certificate Holder.
All other terms, conditions and limitations of this Policy shall remain unchanged.
Authorized Representative
212
This endorsement, effective 12:01 AM forms a part of Policy No.
Issued to
By
LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES
(WORKERS' COMPENSATION ONLY)
WC 99 00 58
(Ed. 04/11)
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Page of
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either:
(a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or
(b) the email address of a contact at each such entity; and
3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted,
the Insurer will provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule within days after the Named Insured confirms the accuracy of the Schedule below with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following definitions apply to this endorsement:
1. Named Insured means the first named employer in Item 1 of the Information Page of this policy.
2. Insurer means the insurance company shown in the header on the Information Page of this policy. 1 2
12/31/2025
AIU Insurance Company
426-70-162
TRILON GROUP, LLC
90 0
213
WC 99 00 58
(Ed. 04/11)
SCHEDULE
NAME OF PERSON OR ORGANIZATION E-MAIL OR U.S. POSTAL SERVICE ADDRESS Page of 2 2
PER SCHEDULE ON FILE WITH COMPANY
214
Administrative
Report
H.9., File # 26-1056 Meeting Date: 9/15/2026
To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
TITLE
APPROVE AN AMENDMENT TO THE AGREEMENT WITH EMPIRE PIPE CLEANING AND EQUIPMENT, INC. FOR SEWER LINE CLEANING AND ROOT REMOVAL SERVICES FOR AN ADDITIONAL AMOUNT OF $1,213,714 AND A NEW NOT TO EXCEED TOTAL OF $2,162,608 AND TO EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 14, 2029
EXECUTIVE SUMMARY
Approval of the proposed amendment to the Agreement with Empire Pipe Cleaning and Equipment, Inc. (Empire) would extend the term to allow Empire to provide line cleaning and root removal services for the City’s 112 miles of sewer main lines for the next three years. The total cost of the additional three years of service is capped at $1,231,714, including a 10% contingency. The average annual cost is $404,571. This would increase the total not to exceed amount of the Agreement to $2,162,608.
The Public Works Department contracts this service to allow City maintenance crews time to focus on more urgent activities, such as maintaining City sewer pump stations, keeping catch basins clear of debris, and responding to resident requests. Empire provided the lowest price proposal during the last open solicitation for these services, which was conducted in 2023, and has performed at, or above, contract expectations over the past three years. Rather than initiating a new request for proposal process, staff is recommending an amendment with Empire because the company has delivered excellent service and is offering pricing that is lower than what the other contractors proposed during the 2023 solicitation.
BACKGROUND
The City’s sewer system contains approximately 597,000 lineal feet of main lines. An important element in keeping the lines functioning properly, and reducing the likelihood of blockages, is periodic cleaning with water-jetting and vacuum equipment and the removal of tree roots.
City Council approved an Agreement with Empire Pipe Cleaning and Equipment, Inc. on September 19, 2023. The three-year Agreement expires on September 19, 2026. Sewer line cleaning in the City has routinely followed a three-year cycle. The Contractor cleans all main lines throughout the City during Year One, and half of the City’s lines again in Years Two and Three. Under this schedule, every City main line is cleaned twice each three-year cycle. The Contractor is paid on a per linear foot basis and there is no guaranteed volume of work. The total cost for the three-year amendment would not exceed $1,231,714, including root removal and a 10% contingency
215
H.9., File # 26-1056 Meeting Date: 9/15/2026
estimated to be spent as follows:
· Year One (Service entire City): $642,607
· Year Two (Service half City): $285,554
· Year Three (Service half City): $285,554
The City Financial Services Department solicited proposals for the current three-year Agreement through RFP #2324-001 in September 2023. Empire submitted the proposal with the lowest price and demonstrated the skills and experience needed to be selected as the City’s contractor.
Empire Pipe Cleaning Equipment, Inc. is offering pricing for the next three-year period that is below the pricing provided by other competitors during the 2023 RFP. While the fee for the primary service, line cleaning, will increase from $0.65 to $0.84 per lineal foot under the amendment it is still significantly below the $1.05 per lineal foot average cost provided previously by the other responding contractors.
COORDINATION
The Agreement has been reviewed and approved as to form by the City Attorney’s Office.
FISCAL IMPACT
The total amendment cost for the three-year extension to the Agreement for sewer line cleaning and root removal services shall not exceed $1,231,714, including a 10% contingency. Funding is for the contract service is available in the Public Works Department annual Wastewater Fund operating budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - First Amendment to the Agreement with Empire Pipe Cleaning and Equipment, Inc. · Agmt - Original Agreement with Empire Pipe Cleaning and Equipment, Inc., September 19, 2023
· Insurance - Empire Pipe Cleaning and Equipment, Inc.
216
1 FIRST AMENDMENT TO THE AGREEMENT
FOR PROJECT SERVICES BETWEEN THE CITY OF REDONDO BEACH AND
EMPIRE PIPE CLEANING AND EQUIPMENT, INC
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES (“First Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Empire Pipe Cleaning and Equipment, Inc, a California Corporation, ("Contractor").
WHEREAS, on September 20, 2023, the parties hereto entered into the Agreement for Project Services between the City and Contractor (the “Agreement”); and WHEREAS, the Agreement is set to expire on September 19, 2026; and WHEREAS, the parties hereto desire to extend the Agreement and increase the Contractor’s compensation.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendment(s) to the Agreement:
1. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which is attached hereto and incorporated herein by reference. Exhibit “B-1” extends the Agreement term to September 14, 2029.
Contractor shall commence and complete all services described in Exhibit “A”, in accordance with the schedule set forth in Exhibit “B-1”.
2. COMPENSATION. Exhibit "C" of the Agreement is hereby amended to add Exhibit “C-1”, which amends the fees and increases Contractor’s limit on total compensation to the amount of $2,162,608,. Exhibit “C-1” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibit “A”.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreements with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
SIGNATURES ON NEXT PAGE
217
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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EMPIRE PIPE CLEANING AND EQUIPMENT, INC .
THIS AGREEMENT FOR PROJECT SERVICES ( this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Empire Pipe Cleaning and Equipment, Inc., a California corporation (“ Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit " A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit " C”.
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor' s sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any 218
2 -
other project without Contractor' s consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor' s own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit " A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit " A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit " A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor' s completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Contractor expressly recognizes that other 219
3 -
City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor' s profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; 220
4 -
and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’ s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor' s breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively “ Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’ s performance or work hereunder ( including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or 221
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damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Contractor’ s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’ s compliance with Labor Code Sections 222
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1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’ s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “ E”, which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty- five percent ( 25%) or more of the ownership interest in Contractor or twenty- five percent ( 25%) or more the voting control of Contractor ( whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’ s assets occurs, which reduces Contractor’ s assets or net worth by twenty- five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit " A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. 224
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30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor' s expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 19th day of September, 2023.
CITY OF REDONDO BEACH, EMPIRE PIPE CLEANING AND EQUIPMENT, a chartered municipal corporation INC., a California corporation By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
Craig Van Thyne
Vice- President
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EXHIBIT " A"
SCOPE OF SERVICES
I. CONTRACTOR’ S DUTIES
A. SECTION 1 – REQUIRED SERVICES
1. GENERAL
Contractor shall:
a. Provide sewer main line cleaning services, including labor, materials, equipment, vehicles, traffic control, and incidentals as required. b. Remove debris and roots from the pipeline and take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris includes, but is not limited to, sludge, dirt, sand, rocks, grease, roots and other solid or semisolid materials.
Sewer lines shall be VCP, DIP and PVC and range in sizes from 6 to 18 inches in diameter. Lengths are approximate. Payment will be for actual footage cleaned
2. AMOUNT OF WORK
This Agreement shall not guarantee any specific amount of work, as the need for sewer line cleaning services may increase or decrease depending upon public policy or available funding. However, it is anticipated that Contractor is expected to clean approximately 597,000 lineal feet of sewer lines within the City.
3. CLEANING EQUIPMENT
Contractor shall use a combination of high-velocity hydro- cleaning and vacuum removal equipment that meets the following minimum specifications:
a. A minimum of 900 feet of 1-inch diameter high pressure hydro flushing hose.
b. Two or more high velocity nozzles capable of producing a scouring action from 15 degrees to 45 degrees in all pipe size lines to be cleaned.
Nozzle skids shall be used for the appropriate size of pipe being cleaned.
1. Note Nozzle jet orifices shall be inspected periodically by Contractor and City representative to ensure jet diameter not to exceed 0.0860-inch diameter. Nozzle jets will be considered worn 227
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if a 3/32" drill bit can be inserted into the jet orifice. The nozzle shall then be removed from service. For nozzles with replaceable jets, the oversize jets shall be replaced before the nozzle will be used again.
c. A root cutter attachment for pipe sizes ranging from 6 to 18 inches. d. A high-pressure handgun for washing and scouring manhole walls, channels, shelves and manhole cover frames
e. A 1,000-gallon minimum water tank pump and a hydraulically driven hose reel
f. Equipment operational controls located above ground. g. Minimum working pressure of 1,500 pounds per square inch at 60 gallons per minute ( G.P.M) rate
h. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed
i. Two (2) two-way hand-held radios or cell phones for communication in easements
4. CLEANING PRECAUTIONS
During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions to prevent damage or cause flooding of public or private property being served by the sewer. Contractor shall exercise care in the selection and use of the cleaning tools to avoid pipe damage.
Contractor shall use a nozzle skid to prevent accidental entry of nozzle into house connections.
5. SEWER CLEANING PROCEDURES
Contractor shall:
a. Undertake the following steps for sewer cleaning procedures:
1. Employ a combination of high-velocity jetting and vacuum removal to clean designated sewer line segments.
2. The standard cleaning process involves jetting from the downstream manhole towards the upstream manhole, pulling debris towards the downstream point. For sections without debris, a single pass is adequate. If debris is encountered, repeat cleaning is necessary until debris is cleared.
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3. Cease cleaning operations for a pipe if significant dirt and gravel are observed, and promptly notify the City if a potential line break is suspected.
4. Upon establishing appropriate traffic control measures, Contractor will carefully wash the upstream manhole using a high-pressure water gun, avoiding any splashing onto nearby vehicles or pedestrians.
5. Identify and document major defects in manholes, frame, and covers, reporting them to the City for resolution.
b. Select equipment based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to the City representative( s). The equipment shall be capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning remains unattainable or equipment cannot traverse the entire manhole section, it will be presumed that a significant blockage is present. Contractor must promptly inform the City representative( s) for further guidance.
Jetting' s pullback rate shall not exceed three feet per second. c. Ensure the cleaning method shall be to jet from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole. Jet from the downstream manhole up slope so that the cleaning directions overlap. Water for cleaning must be from the closest available fire hydrant. Make arrangements with the local water agency to arrange for water meters and any necessary equipment to access water from the fire hydrant.
d. Directly bear water expenses and pay the water agency. Contractor must secure a "mobile" water meter from California Water Service for accurate measurement and billing.
6. ADDITIONAL CLEANING REQUIREMENTS
Contractor shall:
a. Hydraulically Propelled Equipment: Utilize hydraulically propelled equipment designed as a movable dam, constructed to allow collapsing of a portion during cleaning operations and prevent sewer flooding. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to effectively remove grease. In instances where non-collapsible equipment, such as 229
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sewer cleaning balls are used, Contractor shall take special precautions to avert flooding of both the sewer system and adjacent public or private properties.
b. High-Velocity Jet ( Hydrocleaning) Equipment: Ensure all high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more highvelocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned.
Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Consult the NASSCO Jetter Code of Practice as a guide for the selection of different type nozzles and recommended pressure applications for various cleaning requirements. c. Mechanically Powered Equipment: Mechanically Powered Equipment:
Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe shall not be allowed. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel. To ensure safe operation, the machine shall be fully enclosed and have an automatic safety clutch or relief valve.
7. CLEANING PRECAUTIONS
a. During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions in the use of cleaning equipment. In cases where hydraulically propelled cleaning tools ( which rely on water pressure for cleaning force) or tools that impede the sewer flow are employed, Contractor shall ensure that the generated water pressure does not result in damaging or flooding public or private properties linked to the sewer' s service. Whenever feasible, Contractor shall harness the sewage flow within the sewer to supply the required pressure for hydraulic cleaning devices.
b. When additional water from fire hydrants is necessary to avoid delay in normal work procedures, Contractor shall use water judiciously and avoid unnecessary consumption. In such instances, Contractor shall obtain a " mobile" water meter from the California Water Company before utilizing water from fire hydrants. Additionally, Contractor shall ensure that no obstruction of fire hydrants occurs, particularly in the event of a fire within the hydrant' s service area.
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8. TRAFFIC CONTROL
a. Contractor shall provide all required traffic control actions throughout the project; including all labor, tools, equipment, materials, and safety controls. Traffic Control Plans must be submitted on any street as shown on the City’s Master Plan of Streets as a collector, secondary, or major arterial. The City’s Master Plan of Streets can be found on the City’s web site, in the Planning Departments documents, specifically in the Circulation Element, Page 12, Figure 1.
b. Contractor shall install and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in its judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. c. Contractor shall conduct traffic control in accordance with the latest edition of the WATCH handbook or the latest edition of the California manual on Uniform Traffic Control Devices, whichever is more stringent, and as approved by the City Engineer. At least 15 calendar days prior to the planned work, the Contractor must submit the traffic control plan, duly approved by all pertinent jurisdictional bodies, and conforming to all specifications outlined here. In cases where work on Pacific Coast Highway is performed at night, Contractor shall coordinate with the California Department of Transportation is obligatory.
9. PERMITS AND ACCESS
a. Contractor shall acquire all required fees and licenses for any encroachment permits required by the City of Redondo Beach or the California Department of Transportation when cleaning and inspecting are necessary in the public right-of-way.
b. For easement cleaning where entry must be made onto homeowner’ s property, Contractor shall provide notice for permission to enter the property. Coordination of sewer cleaning will be made through the City representative, with notification one week in advance of the anticipated cleaning date.
c. Contractor shall be responsible for easements requiring additional manpower for making turns in manholes or for pulling the jetter hose.
Communication may necessitate the use of two-way handheld radios.
10. MATERIAL REMOVED
Contractor shall remove debris from the pipeline and clean and/or re-clean the pipe wall to the City’s satisfaction as proven by closed circuit television 231
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video ( CCTV). Contractor shall remove all sludge, dirt, sand, rocks, roots, grease and/or other solid or semisolid material resulting from the cleaning operation at the downstream manhole of the section being cleaned.
Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted.
11. MATERIAL DISPOSAL
Contractor shall decant liquids and drain back to the sewer. Contractor shall remove all solids or semisolid resulting from the cleaning operations from the work site and dispose of at the Contractor’ s cost. Contractor shall remove all materials from the work site at the end of each workday. Under no circumstances shall the Contractor be permitted to gather debris, etc. at the work site for a period exceeding one workday, unless such materials are stored in fully enclosed containers that are both lead and odor proof.
Any such storage must also have the approval of the City.
12. SPILL REPORTING AND HANDLING
a. Contractor shall immediately notify the City representative( s) of any manhole overflow or interruption/ backup of customer service and the Contractor shall contain and control all overflow.
b. If the Contractor is involved with a spill, Contractor must:
1. Immediately notify the City.
2. Contain the spill to isolate it from entry to any waterways.
3. Relieve the spill. Once the spill has been contained and relieved, the area must be cleaned up.
4. Make follow-up reports.
c. Contractor shall pay any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow and any disruption of service costs to customers as of a result of Contractor’ s work. This is in addition to any and all costs incurred by the City. d. Contractor shall also notify the City immediately of any apparent noncontractor related spills and/or any abnormal conditions.
13. CONFINED SPACE ISSUES AND SAFETY ISSUES
a. Contractor shall carry out the specified duties as outlined below. Every manhole involved in this project is categorized as a Title 8 Permit Required Confined Space. Contractor is directed to refer to the General Industry Safety Orders of the State of California, specifically Article 108, Confined Spaces, Section 5157 ( Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
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b. Contractor shall attend a safety meeting with the City for the purpose of reviewing the Contractor’ s safety manuals, his knowledge of Title 8 and to discuss all safety aspects of the job.
c. All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with permit required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrants( s), attendants( s), entry supervisor( s), full body harness ( with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication systems ( minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations. d. The local fire department may be able to offer services for confined space rescue. Contractor shall make any and all arrangements necessary.
14. WORK PLAN
Contractor shall:
a. Prepare a monthly work plan and submit it one (1) week in advance to the City for review and approval.
b. Ensure the plan verifies the treatment sequence and identify all the line sections to be treated based on City maps and sequence data provided. c. Amend plan if weather or local road maintenance or construction issues discovered by either party.
15. WORK DOCUMENTATION
Contractor shall:
a. Submit monthly reports based on the work plan for City review with an invoice for payment.
b. Maintain Contractor’ s log sheets, with a section by section breakdown including comments, on site, in a legible manner, for review at all times. c. Include notice of badly worn frames and covers, and badly deteriorated manhole concrete structures in the comments on log sheets. 233
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16. CREW SIZE
Contractor shall:
a. Provide a minimum of a two-person crew at all times where one person shall witness the air injection equipment reach the upstream manhole. b. Utilize a crew of three for all work in confined spaces, and use all CalOsha required equipment when entering a confined space. c. Utilize additional personnel when needed for traffic control flagmen.
17. CITY EQUIPMENT AND LABOR
Contractor shall not utilize the City’s equipment and labor, except for the City representative monitoring the work.
18. RESEALING MANHOLE COVERS
Contractor shall reseal all manholes within 24 hours after work is completed with duct seal Cal Pico #CD-5, or equal. Contractor shall sweep the work area around the manhole of all debris.
19. OFFICE FOR INQUIRES AND COMPLAINTS
Contractor shall:
a. Maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all time during the hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. b. Maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
c. Make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four ( 24) hours as to the action taken concerning each complaint.
20. PUBLIC RELATIONS
Contractor shall:
a. Investigate any complaint, which may concern, or be involved in, the performance of this Agreement in person or through its agent. 234
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b. Report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint. c. Respond to complaints received before noon the same day; and the following day for complaints received after noon.
21. WORKING HOUR LIMITS
Working hours are Monday – Friday, 8:00 AM to 4:00 PM.
22. DAMAGES
Contractor shall report without delay any damage to City equipment, City property or private property. Contractor shall be liable for damages caused by his/her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
B. SECTION 2 - PERSONNEL AND SUPERVISION
1. PERSONNEL REQUIREMENTS
Contractor shall use and furnish all labor necessary for the satisfactory performance for the work described herein.
2. EMPLOYEE PERFORMANCE
Contractor shall:
a. Require his/her employees to present a neat appearance at all times while engaged in the performance of their duties.
b. Ensure its employees maintain good bearing and deportment toward the public.
c. Cause that employee to be removed from the job and replaced by a satisfactory employee should an employee be unsatisfactory in the opinion of the City, when notified in writing
3. CONTRACTOR’ S EMPLOYEE ATTIRE
Contractor shall:
a. Require each of its employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor' s company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing. b. Wear shirts buttoned and tucked in at all times.
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4. KNOWLEDGE & ABILITIES OF CONTRACTOR’ S EMPLOYEES
Contractor shall ensure its employees must be able to use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
5. TYPICAL TASKS OF CONTRACTOR’ S EMPLOYEES
Contractor shall:
a. Supply employees with the skills to perform various semi-skilled duties in connection with cleaning sanitary sewers.
b. Supply employees who shall use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
6. SPECIAL ACTIVITY REQUIREMENTS
Upon City’s request, supply additional employees. Any additional employees will be paid at a rate equal to the wage rate and mark up as shown on the form titled "Contractor' s Hourly Rate".
7. LEVEL OF SUPERVISION
Contractor shall:
a. Provide adequate supervision to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work.
b. Ensure the field supervisor or his/her representative shall check with the City Department of Public Works weekly as to (1) schedule of work, 2) complaints and (3) adequacy of performance.
c. Submit such reports as the City may require ensuring compliance with scheduled work.
d. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
e. Be penalized Two Hundred and Fifty Dollars ($ 250) per week for failing to have a supervisor in the City at least seven hours per week while work is in progress.
8. APPROVAL OF SUPERVISOR
Contractor shall:
a. Ensure the Supervisor shall not be the labor type of employee described in this Agreement.
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b. Provide in writing to the City ( before starting work under this contract) the name of the supervisor.
c. Upon City’s approval of the Supervisor, make a written request to the City for a substitute Supervisor; provided however, that the substituted Supervisor shall have at least five years practical experience in supervision. Approval of such request is subject to City’s written consent.
C. SECTION 3 - EQUIPMENT AND MATERIALS
1. EQUIPMENT
Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.
2. VEHICLES
Contractor shall display the firm name on any vehicles used by the Contractor’ s employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty 50) feet.
3. EQUIPMENT MAINTENANCE
Contractor shall:
a. Keep all equipment used by the Contractor in a neat and clean appearance.
b. Keep the equipment in top mechanical condition and properly adjusted, both from an operational and safety standpoint in accordance with industry standards.
c. Provide storage for its equipment.
4. SAFETY LIGHTS
Contractor shall equip all vehicles with an operational rotating amber light when parked or used on public streets.
5. EQUIPMENT NOISE
City noise level requirements shall apply to all equipment for this scope of work, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor' s personnel. 237
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6. AIR POLLUTION
Contractor shall:
a. Comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract b. Not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity which would violate the regulations of any legally constituted authority.
7. MATERIALS TO BE PROVIDED BY CONTRACTOR
Contractor shall:
a. Furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to perform the services provided in this Agreement at its own cost.
b. Perform a professional level of cleaning to City’s satisfaction.
8. COMPLIANCE WITH LAWS
Contractor shall comply with all Federal, State and Local laws, including but not limited to, laws related to transportation of material ( DOT), the application of sewer root control herbicides ( US EPA), and traffic safety regulations.
II. CITY' S DUTIES
City will provide the following services.
A. Dispatch City personnel once Contractor reports a spill.
B. Direct the Contractor to the treatment locations throughout the City boundaries.
C. Reimburse Contractor for permit fees described in Section I.A.9.a.
D. Provide assistance with manhole access and make arrangements as needed for entry onto private property for the cleaning of easements as described in Section I.A.9.b.
E. Cause any cleanup to be performed by others and deduct the costs from any monies due or to become due should the Contractor fail to promptly and effectively clean up the discharges described in Section I.A.12.c. 238
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EXHIBIT “ B”
TERM AND TIME FOR COMPLETION
TERM. The term of the Agreement shall commence on September 20, 2023 and expire September 19, 2026.
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EXHIBIT " C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following schedule.
This amount shall include Contractor’ s expenses for materials, labor, shipping, tax, and travel
Description
Fee Per Lineal Foot
of Root
Fee for Cleaning Each Lineal Foot of Sewer Main Line
on City-owned streets $ 0.65
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on City-owned streets $ 0.50
Fee for Cleaning Each Lineal Foot of Sewer
Main Line on State highways $ 1.25
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on State highways $ 0.50
In no event shall Contractor’ s compensation exceed the following amounts.
Year
Not to Exceed
Amount
Year One $ 504,700
Year Two $ 222,097
Year Three $ 222,097
Total Not to Exceed Amount $ 948,894
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, and description of services and tasks performed during the prior month and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City’s reasonable satisfaction.
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IV. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning and Equipment, Inc.
1788 N. Neville St
Orange, CA 92865
Attention: Craig Van Thyne
Email: craig@empirepipecleaning. com
City: City of Redondo Beach
Public Works Department, Engineering Division
531 N Gertruda Ave
Redondo Beach, CA 90277
Attention: Rob Osborne
Email: rob.osborne@redondo. org
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day if sent by email and the third business day after mailing if sent by regular or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT “ D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’ s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’ s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $ 1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1,000,000 per accident for bodily injury and property damage.
Employer’ s Liability: $ 1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’ s insurance, or as a separate owner’ s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’ s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’ s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’ s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
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Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
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EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “ public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“ Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“ DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 245
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8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’ s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’ s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor’ s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 246
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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EMPIRE PIPE CLEANING AND EQUIPMENT, INC
THIS AGREEMENT FOR PROJECT SERVICES ( this " Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Empire Pipe Cleaning & Equipment, Inc, a California corporation (" Contractor" or "Consultant").
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A".
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor' s sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any 260
other project without Contractor' s consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four ( 4) years after Contractor' s completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Contractor expressly recognizes that other 261
City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor' s profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; 262
and ( 2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor' s breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor' s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or 263
damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non -Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Labor Code Sections 264
1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit " E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor' s assets occurs, which reduces Contractor' s assets or net worth by twenty-five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non -Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. 266
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor' s expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 6th day of September 2022.
CITY OF REDONDO BEACH,
a chartered municipal corporation
EDocuSigned by:
IMS R, tVt W1s H. Nehrenheim,
DC2MD6CA98045B... Mayor Pro Tempore
For
William C. Brand, Mayor
ATTEST:
DocuSigned by:
EM.4LI- A"d.
72F2AC716C214CF...
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
R( a
669049EDE03D402...
Michael W. Webb, City Attorney
EMPIRE PIPE CLEANING & EQUIPMENT,
INC., a California corporation
DocuSigned by:
BFOB171 DDB85452
y. ...
Name: ra, g van 1hyne
Title: vice - President
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ED by:
ABED8CF35EEF48C_.
Diane Strickfaden, Risk Manager
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EXHIBIT " A"
SCOPE OF SERVICES
I. CONTRACTOR' S GENERAL SERVICES
A. General
Contractor shall:
1. Furnish all labor, materials, vehicles, traffic control, equipment and incidentals necessary to clean the City's sewer main lines.
2. Remove debris and roots from the pipeline and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris include, but are not limited to, sludge, dirt, sand, rocks, grease, roots and other solid or semisolid materials.
a. Sewer lines are VCP, DIP and PVC and range in sizes from 6 to 18 inches in diameter. Payment will be for actual footage cleaned.
B. Cleaning Equipment
Contractor shall utilize a combination of high velocity hydro -cleaning and vacuum removal equipment, which shall have the following features at a minimum:
1. At least 900 feet of 1 - inch diameter high pressure hydro flushing hose;
2. Two or more high velocity nozzles capable of producing a scouring action from 15 degrees to 45 degrees in all size lines to be cleaned. Nozzle skids shall be used for the appropriate size of pipe being cleaned; a. Nozzle jet orifices shall be inspected periodically by Contractor and City to ensure jet diameter shall not to exceed 0. 0860 -inch diameter.
Nozzle jets will be considered worn if a 3/ 32" drill bit can be inserted into the jet orifice and shall be removed from service. b. The oversize jets for nozzles with replaceable jets shall be replaced before the nozzle can be used again.
3. A root cutter attachment for 6" through 18" pipe;
4. A high- pressure handgun for washing and scouring manhole walls, channels, shelves and manhole cover frames;
5. A 1, 000 -gallon minimum water tank pump and a hydraulically driven hose reel;
6. Equipment operational controls located above ground; 269
7. Minimum working pressure of 1500 pounds per square inch at 60 G. P. M. rate;
8. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed; and
9. Two ( 2) two- way hand held radios or cell phones for communication in easements.
C. Cleaning Precautions
Contractor shall:
1. Take satisfactory to prevent damage or flooding of public or private property being served by the sewer during sewer cleaning operations
2. Exercise care in the selection and use of the cleaning tools to avoid pipe damage.
3. Use the nozzle skid to prevent accidental entry of nozzle into house connections.
D. Sewer Cleaninq Procedures
Contractor shall:
1. Clean the designated sewer line segments using combination high -velocity jet with vacuum removal.
2. Use the normal cleaning operation, which shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to the downstream manhole.
3. Use a single pass if no debris is present.
4. Perform the entire run repeatedly until debris is no longer present in the event debris is encountered.
5. Cease the cleaning operation for the pipe at any sign of significant dirt and gravel at pipe and notify the City of a possible line break.
6. Wash the upstream manhole with the high- pressure water gun and not spray any surrounding vehicles or pedestrian once the appropriate traffic control has been placed.
7. Notify the City of any major defects in the manhole or the frame and cover for remedy.
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8. Select equipment based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to the City representative(s).
a. Select equipment capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. Set up the equipment on the upstream manhole and clean again if cleaning of an entire section cannot be successfully performed from the downstream manhole.
b. If a successful cleaning cannot be performed again or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists. Contractor shall notify the City representative( s) of this condition immediately for further instruction. Pullback rate on jetting shall not be greater than three feet per second.
9. Use the normal cleaning method, which shall be to jet from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole.
a. Jet from the downstream manhole up slope so that the cleaning directions overlap. Use the water from the closest available fire hydrant for cleaning.
b. Make arrangements with the local water agency for the water meters and any other equipment needed to get water from the local fire hydrant.
10. Pay all water costs directly to the water agency. Contractor must obtain a mobile" water meter from California Water Service.
E. Additional Cleaning Requirements
1. Hydraulically Propelled Equipment
Contractor shall:
a. Ensure the equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer.
b. Ensure the movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to remove grease.
c. Take special precautions to prevent flooding of the sewers and public or private property if sewer cleaning balls or other equipment which cannot be collapsed is used.
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F. High -Velocity Jet ( Hydrocleaning) Equipment
Contractor shall:
1. Ensure all high -velocity sewer cleaning equipment is constructed for ease and safety of operation.
2. Ensure the equipment has a selection of two or more high -velocity nozzles.
The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned.
3. Include a high -velocity gun in the equipment for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream.
4. Ensure the equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel.
5. Consult with the NASSCO Jetter Code of Practice as a guide for the selection of different type nozzles and recommended pressure applications for various cleaning requirements.
G. Mechanically Powered Equipment
Contractor shall:
1. Ensure bucket machines are in pairs with sufficient power to perform the work in an efficient manner.
2. Ensure machines are belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe shall not be allowed.
3. Ensure a power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel.
4. Fully enclose the machine and have an automatic safety clutch or relief valve to ensure safe operation.
H. Cleaning Precautions
Contractor shall:
1. Take commercially reasonable precautions in the use of cleaning equipment during sewer cleaning operations.
2. Take precautions to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer when hydraulically propelled cleaning tools ( which depend upon 272
water pressure to provide their cleaning force) or tools which retard the flow in the sewer line are used.
3. Contractor shall utilize the flow of sewage in the sewer to provide the necessary pressure for hydraulic cleaning devices when possible.
4. Conserve the water and not use it unnecessarily when additional water from fire hydrants is necessary to avoid delay in normal work procedures.
5. Obtain a " mobile" water meter from California Water Company if water from fire hydrants is necessary. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant.
II. CONTRACTOR' S TRAFFIC CONTROL
Contractor shall provide all required traffic control actions, including all labor, tools, equipment, materials, and safety controls. Contractor shall submit the Traffic Control Plans on any street as shown on the City' s Master Plan of Streets as a collector, secondary, or major arterial. The City' s Master Plan of Streets can be found on the City' s web site, in the Planning Departments documents, specifically in the Circulation Element, Page 12, Figure 1. Contractor shall install and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as appropriate under the circumstance in its judgment for the prevention of accidents. Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. Contractor shall conduct traffic control in accordance with the latest edition of the WATCH handbook or the latest edition of the California manual on Uniform Traffic Control Devices, whichever is more stringent, and as approved by the City Engineer. Contractor shall submit the Traffic Control Plans at least 15 calendar days prior to planned work. Traffic Control Plans shall be approved by all agencies having jurisdiction and shall conform with all requirements of these specifications. Work on Pacific Coast Highway may be required to be performed at night and Contractor shall coordinate with the California Department of Transportation. Inadequate or improper signing and delineation for traffic control may be cause for the termination of this Agreement.
A. Permits and Access
Contractor shall:
1. Acquire all required fees and licenses for any encroachment permits required by the City or the California Department of Transportation when cleaning and inspecting are necessary in the public right-of-way.
2. For easement cleaning where entry must be made onto homeowner's property, provide notice to homeowner for permission to enter property.
Coordinate sewer cleaning with designated City representative, with notification one week in advance of the anticipated cleaning date. 273
a. Provide any additional staff in the event additional manpower is required for making turns in manholes or for pulling the jetter hose.
Provide two-way hand- held radios for communication.
B. Material Removed
Contractor shall:
1. Remove debris from the pipeline and clean and/ or re -clean the pipe wall to the City's satisfaction as proven by closed circuit television video CCTV).
2. Remove all sludge, dirt, sand, rocks, roots, grease and/ or other solid or semisolid material resulting from the cleaning operation at the downstream manhole of the section being cleaned.
3. Not pass material from manhole section to manhole section, which may cause line stoppages.
C. Material Disposal
Contractor shall:
1. Decant and drain liquids back to the sewer. Remove and dispose all solids or semisolid resulting from the cleaning operations from the work site at the Contractor' s cost.
2. Remove all materials from the work site at the end of each workday.
3. Not accumulate any debris and/ or the like, on the site of work beyond a single workday, except in totally enclosed lead and odor proof containers and as approved by the City.
D. Spill Reporting and Handling
Contractor shall:
1. Notify the City representative( s) of any manhole overflow or interruption/ backup of customer service immediately, contain and control all overflow.
2. Be responsible for any fines levied by others as a result of Contractor' s work.
3. Perform the following if the Contractor is involved with a spill:
a. Immediately notify the City.
b. Contain the spill to isolate it from entry to any waterways. 274
c. Relieve the spill and clean the area once the spill has been contained and relieved.
d. Make follow-up reports. Once a spill is reported to the City, City personnel will be dispatched for response.
4. Be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow and any disruption of service costs to customers as of a result of Contractor' s work.
This is in addition to any and all costs incurred by the City.
5. Notify the City immediately of any apparent non -contractor related spills and/ or any abnormal conditions.
E. Confined Space Issues and Safety Issues
All manholes in this work are defined as Title 8 Permit Required Confined Spaces. Contractor shall:
Comply with the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 ( Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
2. Attend a safety meeting with the City to review the Contractor' s safety manuals, its knowledge of Title 8, and discuss all safety aspects of the job.
3. Conduct all work from above ground.
4. Conduct manhole entry ( if required) in strict accordance with permit required confined space entry regulations. These regulations include, but are not limited to, entry permit, trained authorized entrants( s), attendants( s), entry supervisor( s), full body harness ( with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication systems ( minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations.
5. Make any and all arrangements with the City fire department for confined space rescue.
F. Work Plan
Contractor shall:
1. Prepare a monthly work plan and submit it one ( 1) week in advance to the City for review and approval.
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2. Ensure the plan verifies the treatment -sequence and identify all the line sections to be treated based on City maps and sequence data provided.
3. Amend plan if weather or local road maintenance or construction issues discovered by either party.
G. Work Documentation
Contractor shall:
1. Submit monthly reports based on the work plan for City review with an invoice for payment.
2. Maintain Contractor's log sheets, with a section by section breakdown including comments, on site, in a legible manner, for review at all times.
3. Include notice of badly worn frames and covers, and badly deteriorated manhole concrete structures in the comments on log sheets.
H. Crew Size
Contractor shall:
1. Provide a minimum of a two -person crew at all times where one person shall witness the air injection equipment reach the upstream manhole.
2. Utilize a crew of three for all work in confined spaces, and use all CalOsha required equipment when entering a confined space.
3. Utilize additional personnel when needed for traffic control flagmen.
I. City Equipment and Labor
Contractor shall not utilize the City' s equipment and labor, except for the City representative monitoring the work.
J. Resealing Manhole Covers
Contractor shall reseal all manholes within 24 hours after work is completed with duct seal Cal Pico # CD -5, or equal. Perform a swept clean of all debris of the work area around the manhole.
K. Office for Inquiries and Complaints
Contractor shall:
1. Maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/ her own name or in the file name by which he/ she is commonly known, and shall at all time during the hours between 8: 00 AM and 5: 00 PM of each working day have a full-time 276
employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works.
2. Maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non -action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
3. Make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint.
L. Public Relations
Contractor shall:
1. Investigate any complaint, which may concern, or be involved in, the performance of this agreement in person or through its agent.
2. Report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint.
3. Respond to complaints received before noon the same day; and the following day for complaints received after noon.
M. Working Hour Limits
Working hours are Monday — Friday, 8: 00 AM to 4: 00 PM.
N. Damages
Contractor shall report without delay any damage to City equipment, City property or private property. Contractor shall be liable for damages caused by his/ her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
III. CONTRACTOR' S PERSONNEL AND SUPERVISION
A. Personnel Requirements
Contractor shall use and furnish all labor necessary for the satisfactory performance for the work described herein.
B. Employee Performance
Contractor shall:
1. Require his/ her employees to present a neat appearance at all times while engaged in the performance of their duties.
2. Ensure its employees maintain good bearing and deportment toward the public.
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3. Cause that employee to be removed from the job and replaced by a satisfactory employee should an employee be unsatisfactory in the opinion of the City, when notified in writing.
C. Contractor' s Employee Attire
Contractor shall:
1. Require each of its employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor' s company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing.
2. Wear shirts buttoned and tucked in at all times.
D. Knowledge and Abilities of Contractor' s Employees
Contractor shall ensure its employees must be able to use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
E. Typical Tasks of Contractor' s Employees
Contractor shall:
1. Supply employees with the skills to perform various semi -skilled duties in connection with cleaning sanitary sewers.
2. Supply employees who have shall use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
F. Special Activity Requirements
Upon City' s request, supply additional employees.
G. Level of Supervision
Contractor shall:
1. Provide adequate supervision to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work.
2. Ensure the field supervisor or his/ her representative shall check with the City Department of Public Works weekly as to ( 1) schedule of work, ( 2) complaints and ( 3) adequacy of performance.
3. Submit such reports as the City may require ensuring compliance with scheduled work.
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4. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
5. Submit such reports as the City may require ensuring compliance with scheduled work.
6. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
H. Approval of Supervisor
Contractor shall:
1. Ensure the Supervisor shall not be the labor type of employee described in this agreement.
2. Provide in writing to the City ( before starting work under this contract) the name of the supervisor.
3. In its discretion, make a written request to the City for a substitute Supervisor; provided however, that the substituted Supervisor shall have at least five years practical experience in supervision. Approval of such request is subject to City' s written consent.
IV. CONTRACTOR' S EQUIPMENT AND MATERIALS
A. Equipment
Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.
B. Vehicles
Contractor shall display the firm name on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty ( 50) feet.
C. Equipment Maintenance
Contractor shall:
1. Keep all equipment used by the Contractor in a neat and clean appearance.
2. Keep the equipment in top mechanical condition and properly adjusted, both from an operational and safety standpoint as determined by industry standards.
3. Provide storage for its equipment.
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D. Safety Lights
Contractor shall equip all vehicles with an operational rotating amber light when parked or used on public streets.
E. Equipment Noise
City noise level requirements shall apply to all equipment for this scope of work, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor' s personnel.
F. Air Pollution
Contractor shall:
1. Comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract
2. Not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity which would violate the regulations of any legally constituted authority.
G. Materials to be Provided by Contractor
Contractor shall:
1. Furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to perform the services provided in this Agreement at its own cost.
2. Perform a professional level of cleaning to City' s satisfaction.
H. Compliance with Laws
Contractor shall comply with all Federal, State and Local laws, including but not limited to, laws related to transportation of material ( DOT), the application of sewer root control herbicides ( US EPA), and traffic safety regulations.
V. CITY' S DUTIES
City will provide the following services.
A. Cleaninq Equipment
City shall periodically inspect nozzle jets.
B. Permits and Access
1. Reimburse Contractor for permit fees described in Section II. A. 280
2. Provide assistance with manhole access and make arrangements as needed for entry onto private property for the cleaning of easements as described in Section II. A.
C. Spill Reporting and Handling
Dispatch City personnel once Contractor reports a spill. 281
EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of the Agreement shall commence on September 7, 2022, and ending September 6, 2023.
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EXHIBIT " C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following schedule.
This amount shall include Contractor' s expenses for materials, labor, shipping, tax, and travel .
In no event shall Contractor' s compensation exceed $ 376, 000 during the term of this Agreement.
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, total fee, and description of services and tasks performed during the prior month, and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City' s reasonable satisfaction.
IV. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning & Equipment, Inc.
1788 N. Neville St.
Orange, CA 92865
Attention: Craig Van Thyne
Ci: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
Redondo Beach, CA 90277
Fee Per Lineal
Description Foot of Root
Fee for Cleaning Each Lineal Foot
of Sewer Main Line 0. 63
In no event shall Contractor' s compensation exceed $ 376, 000 during the term of this Agreement.
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, total fee, and description of services and tasks performed during the prior month, and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City' s reasonable satisfaction.
IV. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning & Equipment, Inc.
1788 N. Neville St.
Orange, CA 92865
Attention: Craig Van Thyne
Ci: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
Redondo Beach, CA 90277
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Attention: Rob Osborne
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 284
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor' s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or ( 2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance, or as a separate owner' s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor's part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
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Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
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EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 288
8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 289
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/YYYY) A
2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Patriot Risk & Insurance Services
CONTACT
NAME: Annette Romero
2415 Campus Drive, Suite # 200
Irvine, CA 92612
A/cCNo Ext: 949- 486- 7904 FAX No:
ADDRESS: E- MAIL aromero@patrisk. com
INSURER( S) AFFORDING COVERAGE NAIC #
www. INSURERA: Travelers Indemnity Company of CT 25682 patrisk. com OK07568
INSURED
Empire Pipe Cleaning & Equipment Inc.
1788 North Neville
INSURER B: Travelers Property Casualty Company of America 25674 INSURERC:
Orange CA 92865 INSURER D:
INSURER E:
PREM SESOEa oNcur ence
INSURER F:
MED EXP ( Any one person)
COVERAGES CERTIFICATE NUMBER: 69628787 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
I
SUBR
POLICY NUMBER
POLICY EFF
MM/ DD/YYYY
POLICY EXP
MM/ DDIYYYY LIMITS
A COMMERCIAL GENERAL LIABILITY DT22CO6K521249TCT22 4/ 1/ 2022 4/ 1/ 2023 EACH OCCURRENCE 1, 000, 000 CLAIMS -MADE 11/ 1 OCCUR PREM SESOEa oNcur ence 50, 000 MED EXP ( Any one person) 10, 000
PERSONAL & ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 POLICY JECT LOC PRODUCTS- COMP/ OPAGG 2, 000, 000
OTHER:
A AUTOMOBILE LIABILITY 8105P8053352226G 4/ 1/ 2022 4/ 1/ 2023 COMBINED SINGLE LIMIT Ea accident 1, 000, 000
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B UMBRELLALIAB f OCCUR CUP6K4432472226 4/ 1/ 2022 4/ 1/ 2023 EACH OCCURRENCE 2, 000, 000 AGGREGATE 2, 000, 000 EXCESS LIAB CLAIMS - MADE
DED RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANYPROPRIETOR/ PARTNER/ EXECUTIVEE. L.
UB6K5209112226G 4/ 1/ 2022 4/ 1/ 2023,/
TATUTE
EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? NIA
E. L. DISEASE- EA EMPLOYEE Mandatory in NH) 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Maintenance Contract
City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as additional insureds with respects to General Liability on a primary and non- contributory basis and Auto Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non- payment of premium.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 415 Diamond Street ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach CA 90277
AUTHORIZED REPRESENTATIVE
Dave Jacobson i
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
69628787 1 / 23 GL/ AU/ UMB/ WC I Annette Romero 1 8/ 8/ 2022 11: 93: 50 ACA ( PDT) I Page 1 of 13 This certificate cancels and supersedes ALL previously issued certificates. 290
DT22CO6K521249TCT22
t],1111111rilMR51 ii.11111VAIT], 1111, Iii'll ii'll
1 1
IF
40 a
This endorsement modifies insurance provided Linder the following:
I WHO IS AN INSURED — ( Section 11) is amended
tW include any person or organization that you
agree in a " written contract requiring insurance"
tW include as an additional insured on this Coverage Part, but:
a) Onlywith respect to liability for " bodily injury'
r,
property damage" or "personal' injury"; and
b) If, and only to the extent that., the injury or
damage is, caused by acts or omissions of
you or your subcontractor in the performance
of " your work" to which the " written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization,
2. The insurance provided to, the additional insured
by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part showri, in the Declarations
exceed the limits of liability required by the
written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that. " written contract requiring insuirance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance.
b) The insurance provided to the additional insured does not apply to " bodily injury", 11 property damage" or " personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or surveying services, including. - i. ' The preparing, approving, or failing to
prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and U. Supervisory, inspection, architectural or
engineering activities.
c) The ir)SUrarice provided to the additional insured does not apply to " bodily injury" or property damage" caused by " your wojV
and included in the " products -completed operations hazard" unless the " written contract requ . ir
I
ing insurance" specifically requires you
to provide such coverage for that addonal
insured, and then the insurance provided to
the additional insured applies only to such
bodily injury" or " property damage" that occu rs before the end of the period of time for which the " written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is
evrlier,
3. The insurance provided to the additional insuilr
by this endorsement is excess over any valid a
collectible " other insurance", whether prima
excess, contingent or on any other basis, that
available to, the additional insured for a loss
cW ver, under this endorsement. However, if th
t1written contract requiring insurance" specificall
requires that this insurance apply on a prima
basis or a primary and non-contributory basi
this insurance is primary to other insuranc
available to the additional insured which cove
that person or organization as a named insur
fW r such loss, and we will not share with 10h
Iother insurance". But the insurance provided
the W d.. insured by this endorsement still
excess over any valid and collectible " other I,
surance", whether primary, excesscontingent
on any other basis, that is available to the add
tionial insured when that person or organization
an additional insured under such " other insu
ance".
As a condition of coverage provided to t
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an " occurrence"' or an offense which may result in a claim. To the extent possible, such notice
shode:
0 2005 The St. Paul Travelers Companies,, Inc,
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i. How, when and where the " occurrence"
or offense took place-,
III, The names and addresses of any injured
persons and wilnesses;, and
iii. The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b) If a claim is made or " still" is brought against
the additional insured, the additional insured
roust;
Immediately record the specifics of "
I
dialim or " suft" arid, the date received; in
iii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim, or " suit" as
soon as practicable.
c) The additional insured Must immediately
send us copies of all legal papers received'. in
connection with theclaim or " suit", cooperate
with us in the investigation or settlement of
the claim or defense against the " suit", and
othervAse comply writh all policy conditions.
d) The additional insured must tender the defense and indemnity of any claim or " suit" to any provider of "other insurance" which would
cover the additional insured' for a loss we
cover under this endorsement. However, this
condition does not affect whether the insuranze provided to the additional' insured by this endorsement is primary to " other insurance" available to the additional insured which covers that person or organization as a
named insured as described in paragraph 3.
above.
S. The following definition is added to SECTION T.
DEFINITIONS -
Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional insured on this Coverage Part, provided that the " bodily injury"' and " property, damage" occurs arid the " personal injury" is Caused by an offense committed:
a. After the signing and execution of the
contract or agreement by you-,
b. While that part of the contract or
agreement is in effect; and
0001156
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DT22CO6K521249TCT22
Empire Pipe Cleaning & Equipment Inc.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment
C. Increased Supplementary Payments
D. Incidental Medical Malpractice
E. Who Is An Insured — Newly Acquired Or Formed
Organizations
F. Who Is An Insured — Broadened Named Insured
Unnamed Subsidiaries
G. Blanket Additional Insured — Owners, Managers
Or Lessors Of Premises
PROVISIONS
A. AIRCRAFT CHARTERED WITH PILOT
The following is added to Exclusion g., Aircraft,
Auto Or Watercraft, in Paragraph 2. of SECTION
I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
This exclusion does not apply to an aircraft that
is:
a) Chartered with a pilot to any insured;
b) Not owned by any insured; and
c) Not being used to cavy any person or property for a charge.
B. DAMAGE TO PREMISES RENTED TO YOU
1. The first paragraph of the exceptions in Exclusion j., Damage To Property, in Paragraph 2. of SECTION I — COVERAGES —
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY is deleted.
I. Blanket Additional Insured — States Or Political
Subdivisions — Permits
J. Knowledge And Notice Of Occurrence Or Offense
K. Unintentional Omission
L. Blanket Waiver Of Subrogation
M. Amended Bodily Injury Definition
N. Contractual Liability — Railroads
INJURY AND PROPERTY DAMAGE LIABILITY:
Exclusions c. and g. through n. do not apply
to " premises damage". Exclusion f.(1)( a)
does not apply to `premises damage" caused
by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water;
unless Exclusion f. of Section I — Coverage A
Bodily Injury And Property Damage Liability
is replaced by another endorsement to this
Coverage Part that has Exclusion — All Pollution Injury Or Damage or Total Pollution Exclusion in its title.
2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — " premises damage" as described in Para - COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF INSURANCE.
CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 6962878722/ 23 GL/ rU/ UMB/ WC I Annette Romero 1 8/ 8/ 2022 11: 43. 50 AM ( PDT) I Page 4 of 13 This certificate cancels and supersedes ALL previously issued certificates. 293
COMMERCIAL GENERAL LIABILITY
3. The following replaces Paragraph 6. of SECTION III — LIMITS OF INSURANCE:
Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because
of " premises damage" to any one premises.
The Damage To Premises Rented To You
Limit will apply to all " property damage"
proximately caused by the same " occurrence", whether such damage results from:
fire; explosion; lightning; smoke resulting from
such fire, explosion, or lightning; or water; or
any combination of any of these causes.
The Damage To Premises Rented To You
Limit will be:
a. The amount shown for the Damage To
Premises Rented To You Limit on the
Declarations of this Coverage Part; or
b. $ 300, 000 if no amount is shown for the
Damage To Premises Rented To You
Limit on the Declarations of this Coverage
Part.
4. The following replaces Paragraph a. of the
definition of "insured contract" in the DEFINITIONS Section:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any
person or organization for " premises
damage" is not an " insured contract';
5. The following is added to the DEFINITIONS
Section:
Premises damage" means " property damage" to:
a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
6. The following replaces Paragraph 4.b.(1)( b)
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
b) That is insurance for " premises damage`;
or
7. Paragraph 4. b.( 1)( c) of SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted.
C. INCREASED SUPPLEMENTARY PAYMENTS
1. The following replaces Paragraph 1. b. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGE:
b. Up to $ 2, 500 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds.
2. The following replaces Paragraph 1. d. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES:
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit", including actual loss of earnings up
to $ 500 a day because of time off from
work.
D. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to the definition of "occurrence" in the DEFINITIONS Section:
Occurrence" also means an act or omission
committed in providing or failing to provide
incidental medical services", first aid or
Good Samaritan services" to a person.
2. The following is added to Paragraph 2.a.( 1) of
SECTION II — WHO IS AN INSURED:
Paragraph ( 1)( d) above does not apply to
bodily injury" arising out of providing or failing to provide:
i) " Incidental medical services" by any of
your " employees" who is a nurse practitioner, registered nurse, licensed practical nurse, nurse assistant, emergency medical technician or paramedic; or ii) First aid or " Good Samaritan services" by
any of your " employees" or " volunteer
workers", other than an employed or volunteer doctor. Any such " employees" or volunteer workers" providing or failing to
provide first aid or " Good Samaritan services" during their work hours for you will be deemed to be acting within the scope
of their employment by you or performing
duties related to the conduct of your business.
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CG D3 16 11 11
294
3. The following is added to Paragraph 5. of
SECTION III — LIMITS OF INSURANCE:
For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to
provide " incidental medical services", first aid
or " Good Samaritan services" to any one person will be deemed to be one " occurrence".
4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Sale Of Pharmaceuticals
Bodily injury" or " property damage" arising
out of the willful violation of a penal statute or
ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured.
S. The following is added to the DEFINITIONS
Section:
Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.
6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
The insurance is excess over any valid and
collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, that is available to any of
your " employees" or " volunteer workers" for
bodily injury" that arises out of providing or
failing to provide " incidental medical services", first aid or " Good Samaritan services" to any person to the extent not subject to
Paragraph 2. a.( 1) of Section 11 — Who Is An
Insured.
E. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
The following replaces Paragraph 4. of SECTION
II — WHO IS AN INSURED:
COMMERCIAL GENERAL LIABILITY
4. Any organization you newly acquire or form,
other than a partnership, joint venture or limited liability company, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance
which provides similar coverage to that organization. However:
a. Coverage under this provision is afforded
only:
1) Until the 180th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier, if you
do not report such organization in writing
to us within 180 days after you acquire or
form it; or
2) Until the end of the policy period, when
that date is later than 180 days after you
acquire or form such organization, if you
report such organization in writing to us
within 180 days after you acquire or form
it, and we agree in writing that it will continue to be a Named insured until the end of the policy period;
b. Coverage A does not apply to " bodily injury"
or " property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to " personal injury" or " advertising injury" arising out of an offense committed before you acquired or
formed the organization.
F. WHO IS AN INSURED — BROADENED NAMED
INSURED — UNNAMED SUBSIDIARIES
The following is added to SECTION 11 — WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the Declarations is a Named Insured if you maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period.
No such subsidiary is an insured for "bodily injury"
or " property damage" that occurred, or " personal
injury" or " advertising injury' caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an
ownership interest of more than 50% in such subsidiary.
CG D3 16 11 11 0 2011 The Travelers Indemnity Company. All rights reserved. 6962878722/ 23 GL/ AU/ OMR/ WC Annette Rar, s 1 . 8/ 8/ 2022 11: 43: 50 AM ( PDT) Page 6 of 13 This certificate cancels and supersedes ALL previously issued certificates.
295
COMMERCIAL GENERAL LIABILITY
G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS
MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT
The following is added to SECTION 11 — WHO IS The following is added to SECTION 11 — WHO IS AN INSURED: AN INSURED:
Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con - agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re - Part is an insured, but only with respect to liability spect to liability for " bodily injury', " property dam - for " bodily injury", " property damage", " personal
age", " personal injury" or "advertising injury" that:
injury" or "advertising injury" that:
a. Is " bodily injury" or " property damage" that
a. Is " bodily injury" or " property damage" that
personal " advertising
occurs, or is " personal injury" or " advertising
occurs. or is injury" or
injury" caused by an offense that is commit - injury" caused by an offense that is commit- ted, subsequent to the execution of that con - ted, subsequent to the execution of that contractor agreement; and tract or agreement; and
b. Arises out of the ownership, maintenance or
b. Is caused, in whole or in part, by your acts or
use of that part of any premises leased to
omissions in the maintenance, operation or
use of equipment leased to you by such
you. equipment lessor.
The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions:
visions:
a. The limits of insurance provided to such
a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any " bodily injury" or
b. The insurance provided to such premises property damage" that occurs, or " personal that owner, manager or lessor does not apply to: injury" or injury" caused by an of - 1) Any " bodily injury" or " property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment 2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or
c. The insurance provided to such premises non- contributory With, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non- contributory with, such other into such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this inbe The following is added to SECTION 11 — WHO IS surance must primary to, or nonAN INSURED:
contributory with, such other insurance, in
which case this insurance will be primary to, Any state or political subdivision that has issued a and non- contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required
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296
by any ordinance, law or building code to include
as an additional insured on this Coverage Part is
an insured, but only with respect to liability for
bodily injury", " property damage", " personal injury" or " advertising injury" arising out of such operations.
The insurance provided to such state or political
subdivision does not apply to:
a. Any " bodily injury," " property damage," " personal injury' or " advertising injury" arising out of operations performed for that state or political subdivision; or b. Any " bodily injury" or " property damage" included in the " products -completed operations hazard".
J. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Claim or
Suit, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2.
of Section II — Who Is An Insured:
1) Notice to us of such " occurrence" or offense must be given as soon as practicable only after the " occurrence" or offense is known by you ( if you are an individual),
any of your partners or members who is
an individual ( if you are a partnership or
joint venture), any of your managers who
is an individual ( if you are a limited liability
company), any of your " executive officers" or directors ( if you are an organization other than a partnership, joint venture or limited liability company) or any " employee" authorized by you to give notice of an " occurrence" or offense.
2) If you are a partnership, joint venture or
limited liability company, and none of your
partners, joint venture members or managers are individuals, notice to us of such occurrence" or offense must be given as
soon as practicable only after the " occurrence" or offense is known by:
COMMERCIAL GENERAL LIABILITY
ii) A manager of any limited liability
company; or
iii) An executive officer or director of
any other organization;
that is your partner, joint venture
member or manager; or
b) Any " employee" authorized by such
partnership, joint venture, limited liability company or other organization to give notice of an " occurrence" or
offense.
3) Notice to us of such " occurrence" or of an
offense will be deemed to be given as
soon as practicable if it is given in good
faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us
of the " occurrence" or offense as soon as
practicable after any of the persons described in Paragraphs e. ( 1) or ( 2). above discovers that the " occurrence" or offense
may result in sums to which the insurance
provided under this Coverage Part may
apply.
However, if this Coverage Part includes an endorsement that provides limited coverage for bodily injury" or " property damage" or pollution
costs arising out of a discharge, release or escape of " pollutants" which contains a requirement that the discharge, release or escape of " pollutants" must be reported to us within a specific number of days after its abrupt commencement,
this Paragraph e. does not affect that requirement.
K. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
The unintentional omission of, or unintentional
error in, any information provided by you which
we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
L. BLANKET WAIVER OF SUBROGATION
a) Any individual who is: The following is added to Paragraph 8., Transfer 1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 6962878722/ 25 GL/ AU/ UMB/ WC I Annette Rome— 1 8/ 8/ 2022 11: 95: 50 AM ( PDT) I Page 8 of 13 This certificate cancels and supersedes ALL previously issued certificates. 297
COMMERCIAL GENERAL LIABILITY
If the insured has agreed in a contract or agreement to waive that insured' s right of recovery against any person or organization, we waive our
right of recovery against such person or organization, but only for payments we make because of:
a. " Bodily injury" or " property damage" that occurs; or b. " Personal injury" or " advertising injury"
caused by an offense that is committed;
subsequent to the execution of that contract or
agreement.
M. AMENDED BODILY INJURY DEFINITION
The following replaces the definition of " bodily
injury" in the DEFINITIONS Section:
3. " Bodily injury" means bodily injury, mental
anguish, mental injury, shock, fright, disability,
humiliation, sickness or disease sustained by
a person, including death resulting from any
of these at any time.
N. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of " insured
contract" in the DEFINITIONS Section is deleted.
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CG D3 16 11 11
298
8105P8053352226G
Empire Pipe Cleaning & Equipment Inc. COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. i., Who Is
An Insured, of SECTION 11— COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A. 1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an " insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
in Section 11.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A. 1.,
Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
An " employee" of yours is an " insured" while
operating an " auto" hired or rented under a
contract or agreement in an " employee' s"
name, with your permission, while performing
duties related to the conduct of your business.
2. The following replaces Paragraph b. in B. 5.,
Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered " autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow; and
2) Any covered " auto" hired or rented by
your " employee" under a contract in
an " employee' s" name, with your
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COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or " suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions
However, any " auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a
Rico and Canada:
covered " auto". I) You must arrange to defend the " in - D. EMPLOYEES AS INSURED sured" against, and investigate or set - tle any such claim or " suit" and keep
The following is added to Paragraph A. 1., Who Is us advised of all proceedings and ac - An Insured, of SECTION 11— COVERED AUTOS tions.
LIABILITY COVERAGE:
ii) Neither you nor any other involved
Any " employee" of yours is an " insured" while us- insured" will make any settlement ing a covered " auto" you don' t own, hire or borrow without our consent. in your business or your personal affairs.
iii) may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS — INCREASED
inin defending the " insured" against, or
LIMITS
in the settlement of, any claim or
1. The following replaces Paragraph A. 2. a.( 2), suit". of SECTION 11— COVERED AUTOS LIABIL- iv) We will reimburse the " insured" for ITY COVERAGE:
sums that the " insured" legally must
2) Up to $ 3, 000 for cost of bail bonds ( in- pay as damages because of " bodily cluding bonds for related traffic law viola- injury" or " property damage" to which tions) required because of an " accident" this insurance applies, that the " in - we cover. We do not have to furnish sured" pays with our consent, but these bonds, only up to the limit described in Para -
2. The following replaces Paragraph A. 2. a.( 4), graph C., Limits Of Insurance, of of SECTION 11— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE.
4) All reasonable expenses incurred by the v) We will reimburse the " insured" for insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $ 500 a day be- with our consent for your investigacause of time off from work. tion of such claims and your defense the " insured" against any such
F. HIRED AUTO — LIMITED WORLDWIDE COVsuit",but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph ( 5) in Para- graph C., Limits Of Insurance, of graph B. 7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
5) Anywhere in the world, except any country or
make such payments ends when we
jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and prosettlements or defense expenses. hibits the transaction of business with or b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the " insured" whether primary, excess, auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less c) This insurance is not a substitute for re - and that is not an auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your " employees", country outside the United States, its ter - partners ( if you are a partnership), members ritories and possessions, Puerto Rico and if you are a limited liability company) or Canada.
members of their households.
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You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE:
No deductible for a covered " auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Paragraph A. 4.b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $ 65 per day, to a maximum of
750 for any one " accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Paragraph A. 4. a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
We will pay up to $ 50 per day to a maximum of
1, 500 for temporary transportation expense incurred by you because of the total theft of a covered " auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE:
Personal Property
We will pay up to $ 400 for " loss" to wearing apparel and other personal property which is:
1) Owned by an " insured"; and
COMMERCIAL AUTO
2) In or on your covered " auto".
This coverage applies only in the event of a total
theft of your covered " auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B. 3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Exclusion 3. a. does not apply to " loss" to one or
more airbags in a covered " auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A. 1. b. and A. 1. c., but
only:
a. If that " auto" is a covered " auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.
We will pay up to a maximum of $ 1, 000 for any
one " loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A. 2. a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representative prompt notice of the " accident" or " loss" applies only when the " accident" or " loss" is known to:
a) You ( if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability company); d) An executive officer, director or insurance
manager ( if you are a corporation or other organization); or e) Any " employee" authorized by you to give notice of the " accident" or " loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDITIONS:
S. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident"
or "loss", provided that the " accident" or "loss"
arises out of operations contemplated by
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COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. HowN. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col -
The following is added to Paragraph B. 2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal.
SECTION IV — BUSINESS AUTO CONDITIONS:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
8/25/2026
Annette Romero
Acrisure Southwest Partners Insurance Services, LLC
611 Anton Blvd., Suite #1400
Costa Mesa, CA 92626
949-486-7904
[email protected]
www.patrisk.com 0K07568 Zurich American Insurance Company 16535 A ✓ GLO998435900 4/1/2026 4/1/2027 1,000,000
✓ 50,000
10,000
1,000,000
2,000,000
✓ 2,000,000
A BAP95035500 4/1/2026 4/1/2027 1,000,000
✓
A ✓ ✓ SXS865514800 4/1/2026 4/1/2027 2,000,000
✓ 2,000,000
A WC9984357-00 4/1/2026 4/1/2027 ✓
1,000,000
1,000,000
1,000,000
Dave Jacobson
Empire Pipe Cleaning & Equipment Inc.
1788 North Neville
Orange CA 92865
91936107
✓
✓
✓
Re: Maintenance Contract
City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as additional insureds with respects to General Liability on a primary and non-contributory basis and Auto Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non-payment of premium.
City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
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Additional Insured – Automatic – Owners, Lessees Or
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. Effective Date:
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following:
1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and
(b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.
2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., w ith its permission.
GLO998435900 04/01/2026
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in the performance of:
(a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph
2.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and
(ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.
3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 3., insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and
(c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement.
4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 4., insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured;
(3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19)
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(4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured.
B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.
C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions:
The additional insured must see to it that:
(1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory.
D. Solely with respect to the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV – Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.
U-GL-2162-A CW (02/19)
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F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III – Limits Of Insurance:
Additional Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms, conditions, provisions and exclusions of this policy remain the same.
U-GL-2162-A CW (02/19)
Includes copyrighted material of Insurance Services Office, Inc., w ith its permission. 91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 5 of 10 This certificate cancels and supersedes ALL previously issued certificates. 307
8/25/2026
Empire Pipe Cleaning & Equipment Inc.
GLO998435900 04/01/2026 04/01/2027
1788 North Neville
Orange CA 92865
91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 6 of 10 This certificate cancels and supersedes ALL previously issued certificates. 308
Waiver Of Subrogation (Blanket) Endorsement
U-GL-925-B CW (12/01)
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l. Prem Return Prem.
$ $
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.
Empire Pipe Cleaning & Equipment Inc.
GLO998435900 04/01/2026 04/01/2027 04/01/2026
91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 7 of 10 This certificate cancels and supersedes ALL previously issued certificates. 309
Empire Pipe Cleaning & Equipment Inc.
BAP95035500
4/1/2026
91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 8 of 10 This certificate cancels and supersedes ALL previously issued certificates. 310
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance – Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
Empire Pipe Cleaning & Equipment Inc.
BAP95035500
91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 9 of 10 This certificate cancels and supersedes ALL previously issued certificates. 311
POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
Empire Pipe Cleaning & Equipment Inc.
BAP95035500
4/1/2026
91936107 | 26/27 GL/AU/UMB/WC | Annette Romero | 8/25/2026 2:25:42 PM (PDT) | Page 10 of 10 This certificate cancels and supersedes ALL previously issued certificates. 312
Administrative
Report
H.10., File # 26-1076 Meeting Date: 9/15/2026
To: MAYOR AND CITY COUNCIL
From: STEPHEN SPRENGEL, CHIEF OF POLICE
TITLE
APPROVE AN AGREEMENT WITH KW-F SBG OWNER, LLC (THE OWNER OF THE SOUTH BAY
GALLERIA) FOR THE OVERTIME DEPLOYMENT OF CITY POLICE OFFICERS AT THE GALLERIA FOR A REIMBURSEMENT AMOUNT NOT TO EXCEED $90,000 PER YEAR, AND A CITY COMMITMENT TO CONTRIBUTE $30,000 OF UNREIMBURSED POLICE SERVICES ANNUALLY, FOR THE TERM SEPTEMBER 15, 2026 THROUGH JUNE 30, 2028, WITH A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $180,000 AND A TOTAL NOT TO EXCEED UNREIMBURSED POLICE SERVICES AMOUNT OF $60,000
EXECUTIVE SUMMARY
Approval of the proposed reimbursement agreement with KW-F SBG Owner, LLC will allow for continuation of the current supplemental police patrol model at the South Bay Galleria through June 30, 2028. The current service model was first approved by the City Council in April of 2016 and shifted supervision of Redondo Beach Police Officers assigned to the South Bay Galleria from Forest City Enterprises management, to the RB Police Department. The updated service model has proven beneficial to both parties since that time.
BACKGROUND
In 2016, the Police Department, City Manager's Office, and City Attorney's Office worked with Forest City Enterprises (the previous ownership group for the South Bay Galleria) to create a more effective security agreement. The agreement ensured the need for police services was met and that the interests of both parties were better protected by shifting employment and oversight of the assigned police officers from South Bay Galleria Security Management personnel to the Redondo Beach Police Department. Ownership of the property has now shifted to KW-F SBG OWNER, LLC who will be the responsible party for the proposed agreement.
By working cooperatively with Galleria Management to define the best policing practices for the property, the Police Department has improved overall security at the mall, while being able to more efficiently control the use of supplemental Police Officers. The staffing of the Galleria is a critical component of the Police Department's daily deployment of resources. The current model allows the Police Department to provide an appropriate presence at the facility without compromising Citywide patrol services. It is in the best interest of the Police Department, and the community, to continue the service model provided for in the proposed agreement.
COORDINATION
The Police Department coordinated this item with the City Attorney's Office, which approved the