Cities Index.
Agenda packet, first session

Santa Monica City Council
September 22, 2026

Document
Agenda packet, first session
Meeting
September 22, 2026
Body
Santa Monica City Council
Pages
14
Original file
181.9 MB
Text extracted from the city's file for reading and search. Open the original on santamonicacityca.iqm2.com. That file is the official record.

• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: 11A04CB1-E020-4262-B848-88F5D85DD776

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AS-NEEDED PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING

SERVICES
This As-Needed Professional Services Agreement for Surveying Services (“Agreement”), entered into as of ____________ (“Execution Date”), by and between the City of Santa Monica (“City”) and KDM Meridian (“Surveying Firm”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Surveying Firm is qualified to do business, and is doing business, in the State of California. Surveying Firm represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. Surveying Firm has responded to a Request for Proposals (“RFP”) for as-needed surveying services.

D. The City and Surveying Firm now desire to enter into an agreement for Surveying Firm to provide as-needed surveying services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates five (5) years from the Execution Date (“Term”), unless sooner terminated or extended in accordance with the provisions of this Agreement.

1.1.Option to Extend. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for up to one (1) additional 5-year period (“Extension Term”) under the same terms and conditions. The City may, at its sole and complete discretion, extend the Expiration Date in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.

In the event of delays in the performance of the services beyond the control of the Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension.

2. Surveying Firm Services. Surveying Firm shall perform all of the services (“Services”) described in Exhibit A, Scope of Services.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332 8/27/2025

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3. Task Order Process.

3.1 Task Order Request. As-needed Services shall be assigned to Surveying Firm through the issuance of a Task Order Request (“TOR”) by the City’s Contract Manager in the Engineering & Street Services Division of Public Works. Each TOR shall include the scope of Services, expected results, project deliverables, and project schedule.

3.2 Response to Task Order Request. Surveying Firm shall provide the City’s Contract Manager with a Response to the TOR within ten (10) days of City’s issuance of the TOR unless otherwise agreed to in writing by the City’s Contract Manager. Each Response to the TOR shall include a refined scope of Services and budget clarifying the approach, deliverables, expected results, project schedule, and a cost estimate detailing the hours and labor classifications by subtask.

3.3 Task Order Amount. Surveying Firm and the City shall attempt in good faith to negotiate a lump sum amount for each Task Order. If the parties are unable to negotiate a lump sum price for a Task Order and the City instructs the Surveying Firm to proceed with performance of the Task Order, then the Surveying Firm’s compensation shall be computed based upon the rates set forth in Exhibit B, Rate Schedule. Surveying Firm understands, acknowledges and agrees that the rates included in Exhibit B are all-inclusive and Surveying Firm shall not be entitled to add any mark-ups or fees.

3.4 Task Order. After agreement has been reached on the terms and conditions of a Task Order, the City’s and Surveying Firm’s authorized representatives shall execute the Task Order. The City’s Contract Manager will provide the Surveying Firm with a Notice to Proceed after execution of the Task Order.

The Surveying Firm shall only perform the Services authorized in the executed Task Order.

3.5 Task Order Amendments. A Task Order may be amended by the written mutual agreement of City and Surveying Firm.

3.6 Task Order Part of Agreement. Each executed Task Order, and any authorized amendments thereto, shall constitute a part of the Agreement as though fully set forth herein.

4. City Services. The City agrees to:

4.1. Make available to Surveying Firm any currently existing documents, data or information required for the performance of the Services.

4.2. Designate a representative authorized to act on behalf of City.

4.3. Promptly examine and render findings on all documents submitted for staff review by Surveying Firm.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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5. Compensation. The City will compensate Surveying Firm for the Services performed in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND Dollars ($250,000.00) during the Term and TWO HUNDRED AND FIFTY THOUSAND Dollars ($250,000.00) during the Extension Term, if any, for a total compensation not to exceed FIVE HUNDRED THOUSAND Dollars ($500,000.00), based upon the cumulative amounts authorized in each executed Task Order.

6. Invoices. Surveying Firm will invoice the City for the Services and the City will pay any undisputed amount within thirty (30) days of receipt.

7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

7.1. All notices, demands, requests or approvals to the City:

Engineering and Street Services Division
City of Santa Monica
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Mohammad Dakwar
Re: SP2539, On-Call Surveying Services, Contract No. 11722 (CCS) with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: SP2539, On-Call Surveying Services, Contract No. 11722 (CCS)

7.2. All notices, demands, requests or approvals to Surveying Firm:

KDM Meridian
1340 Reynolds Ave, Ste. 110
Irvine, CA 92614-5503
Attention: Richard C. Maher, President
[email protected]
Re: SP2539, On-Call Surveying Services, Contract No. 11722 (CCS)

8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Surveying Firm or any of Surveying Firm’s agents, employees, or subconsultants except as otherwise provided in this Agreement.

9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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This Agreement may be modified only by written agreement signed by City and Surveying Firm, and approved as to form by the City Attorney.

10. Insurance. Prior to commencing the Services, Surveying Firm must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Surveying Firm or Surveying Firm’s agents, representatives, employees or subconsultants for the duration of this Agreement. Surveying Firm must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

11. Defense and Indemnification.

11.1. Indemnification.

11.1.1. Hold Harmless for Surveying Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Surveying Firm agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Surveying Firm’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

11.1.2. For Other Claims.

Except as otherwise set forth in the preceding paragraph regarding Claims Arising From Surveying Services, Surveying Firm agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Surveying Firm (other than professional negligence, which is covered under Section 11.1.1, above), or recklessness or willful misconduct by Surveying Firms (or its contractors or subcontractors, if any). Surveying Firm’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Surveying Firm (or its contractors or subconsultants); provided, however, that Surveying Firm’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

The provisions of the above indemnification obligations shall survive any termination of this Agreement.

11.2. Enforcement Costs. Surveying Firm agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 11.1.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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12. Prohibition Against Transfers.

12.1. Surveying Firm may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.2. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Surveying Firm or of any general partner or joint venturer or syndicate member of Surveying Firm, if a partnership or joint venture or syndicate exists, which results in changing the control of Surveying Firm, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

13. Permits and Licenses. Surveying Firm, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

15. Default and Termination.

15.1. If Surveying Firm fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Surveying Firm.

15.2. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Surveying Firm. Upon termination of this Agreement, City will pay Surveying Firm any compensation earned and unpaid up to the effective date of termination.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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16. Compliance with Applicable Laws. Services provided under any Task Order may constitute "public works" within the meaning of California Labor Code section 1720 et seq.

As such, Surveying Firm shall comply with applicable prevailing wage laws for each Task Order. Surveying Firm has acknowledged its obligation to comply with prevailing wage laws in the Prevailing Wage Job Acknowledgement Form attached hereto as Exhibit D.

Surveying Firm shall provide an updated Prevailing Wage Job Acknowledgement Form for each Task Order, based upon the scope of Services to be performed by Surveying Firm pursuant to each Task Order. Notwithstanding the specificity of the foregoing, Surveying Firm agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Services, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

17. Discrimination. Surveying Firm may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

18. Nuisance. Surveying Firm may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

19. Records.

19.1. Surveying Firm must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Surveying Firm must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

19.2. Surveying Firm must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Surveying Firm must clearly identify all records and make them readily accessible to the City. At the City’s request, Surveying Firm must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

19.3. Surveying Firm must allow the City to have free access to Surveying Firm’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Surveying Firm’s records, and Surveying Firm agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Surveying Firm, Surveying Firm agrees to pay Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

20. Work Product; Reports.

20.1. Any work product prepared or caused to be prepared by Surveying Firm or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Surveying Firm or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Surveying Firm without prior written approval by City.

20.2. At the City’s request, Surveying Firm must furnish reports concerning the status of the Services.

21. Standard of Care. Surveying Firm agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Surveying Firm’s profession currently practicing in the same locality under similar conditions.

22. Subconsultants.

22.1. If Surveying Firm proposes to have any subconsultant perform any part of the Services, Surveying Firm must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

22.2. Surveying Firm will be responsible for the quality of any subconsultant’s work.

Every subcontract or agreement of any kind entered into between Surveying Firm and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11722 (CCS) entered into between the City of Santa Monica and Surveying Firm.

23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

24. Venue and Jurisdiction. The City and Surveying Firm agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
Exhibit D Prevailing Wage Job Acknowledgement Form
Exhibit E Levine Act Disclosure Form
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________
DENISE ANDERSON-WARREN Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332 City Attorney
8/25/2025

DOUGLAS SLOAN
President
8/25/2025
Richard C. Maher
KDM Meridian
City Manager
8/27/2025
Oliver Chi
8/27/2025
Nikima Newsome
City Clerk

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Packet Pg. 267 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit A
Scope of Services
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 268 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1)

EXHIBIT A
Scope of Services
The Engineering and Street Services Division plans, develops, coordinates, and directs the design and bidding of Capital Improvement Program projects, reviews subdivision maps and responds to survey related requests at the public counter, and provides technical engineering support to client departments and divisions.

The types of projects for which the on-call or shortlisted surveying consultants may be utilized include, but are not limited to:
• Conduct boundary surveys
• Perform topographic surveys and prepare contour maps
• Provide supporting CAD and 3D surface information.
• Provide legal descriptions and exhibits for easements, and other right-of-way needs. • Monument perpetuation – program, methods and procedures for preserving and replacing survey monuments.
• Updates to Centerline Tie program including, but no limited to, preparation, documentation, data collection and recordation processes. • Preparation of Survey records, Parcel maps, Tract Maps, Lot Line Adjustments. • Conduct construction staking and provide as built surveys. • Provide consultation and technical support to the client on matters related to land surveying.
• Title reports consultation (title reports may be researched by sub-consultant) • Review historical property and real estate information and provide professional opinion as it may relate to property ownership and use
• Miscellaneous requests as directed by the City.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 269 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
B
Rate Schedule
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 270 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 17 6. Cost Proposal
Blended Hourly Rate & Estimated Billable Hours
Item Value
Blended Hourly Rate $185/hr
Total Budget $500,000
Estimated Billable Hours 2,702
The blended hourly rate of $185.00 per hour is based on 2024 rates. Annual rate adjustments will be made based on the Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim region, as published by the U.S. Bureau of Labor Statistics, subject to City approval.

Rate increases will not exceed the percentage change in the CPI for the applicable year and will be implemented at the start of each contract year.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 271 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 1340 Reynolds Ave | Suite 110
Irvine, CA 92614
www.KDMMeridian.com
18 KDM Meridian Fee Schedule
Version Code: v.240701_PWR
Professional Services
Schedule Category Hourly Rate
Principal $240
Project Manager $225
Project Surveyor $210
Senior Survey Technician $170
Survey Technician $140
Clerical / Administration / Technical Aide $ 95
Expert Witness $500
Survey Crew (1-person) $270
Survey Crew (2 persons) $370
Survey Crew (3 persons) $470
Reimbursables
Schedule Category Rate
Rental of Special Equipment or Special Supplies Cost + 5% Subconsultants Cost + 5%
Agency Fees Actual Cost
Airfare Cost +5%
Per Diem (Meals & Lodging) GSA Published Rates
Miscellaneous Fee Schedule Terms
Fee Schedule Terms and Conditions
A minimum of 4 hours per day will be charged for survey crews and expert witness services.

Over-time will be charged at 1.35 times the regular rate.

Double-time will be charged at 1.75 times the regular rate.

The above rates shall be charged portal to portal (time spent on project site plus travel time) excluding meal breaks.

6. Cost Proposal. Project Work Plan
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 272 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit C
Insurance Requirements and Verifications
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 273 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 1 Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 274 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 2 addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 276 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
D
Prevailing Wage Job Acknowledgement Form
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Packet Pg. 285 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) On-Call Surveying Services, SP2539
[email protected]
2/27/2025
Docusign Envelope ID: D12E93EB-0468-4921-9E3A-78FE9DD07332

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Levine Act Disclosure Form
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Packet Pg. 299 Attachment: KDM_11722_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Contract No. 11704 (CCS)
- 1 - December 2018

AS-NEEDED PROFESSIONAL SERVICES AGREEMENT FOR DESIGNERS This As-Needed Professional Services Agreement for Designers (“Agreement”), entered into as of ____________, 2025 (“Execution Date”), by and between the City of Santa Monica (“City”) and Willdan Engineering (“Design Consultant”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Design Consultant is qualified to do business, and is doing business, in the State of California. Design Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. Design Consultant has responded to a Request for Proposals (RFP) for as-needed civil design services.

D. The City and Design Consultant now desire to enter into an agreement for Design Consultant to provide as-needed civil engineering design services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates Five (5) years from the Execution Date (“Term”), unless sooner terminated or extended in accordance with the provisions of this Agreement.

1.1.Option to Extend. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for up to one (1) additional 5-year period (“Extension Term”) under the same terms and conditions. The City may, at its sole and complete discretion, extend the Expiration Date in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement. In the event of delays in the performance of the services beyond the control of the Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension.

2. Design Consultant Services. Design Consultant shall perform all of the services (“Services”) described in Exhibit A, Scope of Services.

3. Task Order Process.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A 5/27/2025

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- 2 - December 2018

3.1 Task Order Request. As-needed Services shall be assigned to Design Consultant through the issuance of a Task Order Request (“TOR”) by the City’s Contract Manager in the Civil Engineering Division of Public Works.

Each TOR shall include the scope of Services, expected results, project deliverables, and project schedule.

3.2 Response to Task Order Request. Design Consultant shall provide the City’s Contract Manager with a Response to the TOR within ten (10) days of City’s issuance of the TOR unless otherwise agreed to in writing by the City’s Contract Manager. Each Response to the TOR shall include a refined scope of Services and budget clarifying the approach, deliverables, expected results, project schedule, and a cost estimate detailing the hours and labor classifications by subtask.

3.3 Task Order Amount. Design Consultant and the City shall attempt in good faith to negotiate a lump sum amount for each Task Order. If the parties are unable to negotiate a lump sum price for a Task Order and the City instructs the Design Consultant to proceed with performance of the Task Order, then the Design Consultant’s compensation shall be computed based upon the rates set forth in Exhibit B, Rate Schedule. Design Consultant understands, acknowledges and agrees that the rates included in Exhibit B are all-inclusive and Design Consultant shall not be entitled to add any mark-ups or fees.

3.4 Task Order. After agreement has been reached on the terms and conditions of a Task Order, the City’s and Design Consultant’s authorized representatives shall execute the Task Order. The City’s Contract Manager will provide the Design Consultant with a Notice to Proceed after execution of the Task Order.

The Design Consultant shall only perform the Services authorized in the executed Task Order.

3.5 Task Order Amendments. A Task Order may be amended by the written mutual agreement of City and Design Consultant.

3.6 Task Order Part of Agreement. Each executed Task Order, and any authorized amendments thereto, shall constitute a part of the Agreement as though fully set forth herein.

4. City Services. The City agrees to:

4.1. Make available to Design Consultant any currently existing documents, data or information required for the performance of the Services.

4.2. Designate a representative authorized to act on behalf of City.

4.3. Promptly examine and render findings on all documents submitted for staff review by Design Consultant.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 3 - December 2018

5. Compensation. The City will compensate Design Consultant for the Services performed in an amount not to exceed ONE MILLION, FIVE HUNDRED THOUSAND Dollars ($1,500,000) during the Term and ONE MILLION, FIVE HUNDRED THOUSAND Dollars ($1,500,000) during the Extension Term, if any, for a total compensation not to exceed THREE MILLION Dollars ($3,000,000), based upon the cumulative amounts authorized in each executed Task Order.

6. Invoices. Design Consultant will invoice the City for the Services and the City will pay any undisputed amount within thirty (30) days of receipt.

7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

7.1. All notices, demands, requests or approvals to the City:

Engineering and Street Services Division
City of Santa Monica
1685 Main St, Mailstop #15
Santa Monica, California 90401
Attention: Jonathan Maldonado
Re: SP2721, On-Call Civil Design, Contract No. 11704 (CCS) with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: SP2721, On-Call Civil Design, Contract No. 11704 (CCS)

7.2. All notices, demands, requests or approvals to Design Consultant:

Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
Attention: Tyrone Peter, PE
[email protected]
Re: SP2721, On-Call Civil Design, Contract No. 11704 (CCS)

8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Design Consultant or any of Design Consultant’s agents, employees, or subconsultants except as otherwise provided in this Agreement.

9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 4 - December 2018
This Agreement may be modified only by written agreement signed by City and Design Consultant, and approved as to form by the City Attorney.

10. Insurance. Prior to commencing the Services, Design Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Design Consultant or Design Consultant’s agents, representatives, employees or subconsultants for the duration of this Agreement. Design Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

11. Defense and Indemnification.

11.1. Indemnification.

11.1.1. Hold Harmless for Design Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Design Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

11.1.2. For Other Claims.

Except as otherwise set forth in the preceding paragraph regarding Claims Arising From Design Services, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Design Consultant (other than professional negligence, which is covered under Section 11.1.1, above), or recklessness or willful misconduct by Design Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Design Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

The provisions of the above indemnification obligations shall survive any termination of this Agreement.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 5 - December 2018

11.2. Enforcement Costs. Design Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 11.1.

12. Prohibition Against Transfers.

12.1. Design Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.2. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Consultant or of any general partner or joint venturer or syndicate member of Design Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of Design Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

13. Permits and Licenses. Design Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

15. Default and Termination.

15.1. If Design Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Design Consultant.

15.2. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Design Consultant. Upon termination of this Agreement, City will pay Design Consultant any compensation earned and unpaid up to the effective date of termination.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 6 - December 2018

16. Compliance with Applicable Laws. Services provided under any Task Order may constitute "public works" within the meaning of California Labor Code section 1720 et seq.

As such, Design Consultant shall comply with applicable prevailing wage laws for each Task Order. Design Consultant has acknowledged its obligation to comply with prevailing wage laws in the Prevailing Wage Job Acknowledgement Form attached hereto as Exhibit D.

Design Consultant shall provide an updated Prevailing Wage Job Acknowledgement Form for each Task Order, based upon the scope of Services to be performed by Design Consultant pursuant to each Task Order. Notwithstanding the specificity of the foregoing, Design Consultant agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Services, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

17. Discrimination. Design Consultant may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

18. Nuisance. Design Consultant may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

19. Records.

19.1. Design Consultant must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Design Consultant must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

19.2. Design Consultant must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Design Consultant must clearly identify all records and make them readily accessible to the City. At the City’s request, Design Consultant must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

19.3. Design Consultant must allow the City to have free access to Design Consultant’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Design Consultant’s records, and Design Consultant agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Design Consultant, Design Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 7 - December 2018
Consultant agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

20. Work Product; Reports.

20.1. Any work product prepared or caused to be prepared by Design Consultant or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Design Consultant or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Design Consultant without prior written approval by City.

20.2. At the City’s request, Design Consultant must furnish reports concerning the status of the Services.

21. Standard of Care. Design Consultant agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Design Consultant’s profession currently practicing in the same locality under similar conditions.

22. Subconsultants.

22.1. If Design Consultant proposes to have any subconsultant perform any part of the Services, Design Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

22.2. Design Consultant will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between Design Consultant and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11704 (CCS) entered into between the City of Santa Monica and Design Consultant.

23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

24. Venue and Jurisdiction. The City and Design Consultant agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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- 8 - December 2018
and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
Exhibit D Prevailing Wage Job Acknowledgement Form
Exhibit E Levine Act Disclosure Form
Exhibit F Bidding Addenda & Q&A
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________
DENISE ANDERSON-WARREN Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

DOUGLAS SLOAN
5/23/2025
City Attorney
Chris Baca
Director of CM & Inspection
5/23/2025
Willdan Engineering
Interim City Manager
5/27/2025
Nikima Newsome 5/27/2025 Elaine Polachek
City Clerk

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Packet Pg. 307 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
A
Scope of Services
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 308 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) On-Call Civil Design (SP2721)
Exhibit A

SCOPE OF SERVICES
The Engineering and Street Services Division plans, develops, coordinates, and directs the design and bidding of Capital Improvement Program projects and provides technical engineering support to client departments and divisions.

The types of projects for which the on-call or shortlisted design consultants may be utilized include, but are not limited to:
• Any civil engineering or municipal project;
• Water/sewer/recycled main replacement;
• Storm drain improvements and stormwater infrastructure; • Roadway paving and reconstruction;
• Concrete sidewalk and curb ramp improvements, including ADA upgrades; • Concrete curb, gutter, and alley improvements;
• Parking structure repair and rehabilitation;
• Street lighting / EV charging improvements;
• Watershed management;
• Geotechnical inspection and risk mitigation;
• Street scape improvements;
• Structural design, retrofit, repairs, evaluation, including Marine and pier work; • Mobility including Traffic Engineering and Temporary Traffic Control.

The City is seeking civil engineering design consultant(s) capable of (1) providing technical support on an on-call basis, and (2) executing unplanned work on short notice. The services to be provided include, but are not limited to:

Preparation of plans, specifications, and estimates for the types of work listed above with all CAD files being released to the City
• Preparation of engineering calculations related to grading, hydrology, geotechnical work, retaining wall design, and earthwork
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 309 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) On-Call Civil Design (SP2721)
• Preparation of engineering calculations related to hydraulics, pumps, and pipelines (pressurized and gravity)
• Preparation of engineering calculations related to street lighting and electrical systems, including electrical engineering services to conduct Incident Energy Analysis (per NFPA 70E®, Standard for Electrical Safety in the Workplace) and create ark flash labels for various electrical equipment.
• Peer review of other engineers’ designs and calculations summarized in a “3rd Party Review Report” or similar document
• Preparation of Temporary Traffic Control Plans
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 310 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
B
Rate Schedule
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 311 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Proposal for On-Call
Civil Design Services 40

6. Cost Proposal
For the purposes of the evaluation of Willdan’s cost effective work and services, we are presenting to you an assumed proposed fee and number of hours for the street improvement project with a total budget of $3,000,000. We have made a few assumptions that the number of streets to be covered will include a blend of 60 percent residential streets and 40 percent Arterial/Commercial. This breakdown is to show that the Arterial/Commercial streets will require detailed striping design.

Based on the breakdown provided below, we have assumed services that include Project Management, Utility Coordination, preliminary site investigations and pavement evaluation, targeted survey for curb ramps, preparation of plans specifications and estimates, and temporary traffic control plans. As a costeffective measure, we can provide typical traffic control plans for multiple residential, collectors, minor and major arterial and for typical site conditions. Geotechnical assessment can be limited assuming the City provides as-built plans and TI values. We can effectively provide these services for a combined 855 hours at a blended unit rate of $185. The fee will include a sub consultant fee of $11.000 for the targeted 3-day topographical survey for ADA-related improvements. These rates include fringe benefits, indirect costs and profit.

Total Budget $3,000,000 (not to exceed)
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Civil Design Services 41
(not to exceed)
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2024 to June 30, 2025
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.

Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.

Rev V01 05.22.2024

DESIGN ENGINEERING
Technical Aide I $81
Technical Aide II $103
Technical Aide III $120
CAD Operator I $128
CAD Operator II $148
CAD Operator III $165
GIS Analyst I $168
GIS Analyst II $184
GIS Analyst III $191
Environmental Analyst I $144
Environmental Analyst II $161
Environmental Analyst III $171
Environmental Specialist $185
Designer I $173
Designer II $179
Senior Designer I $188
Senior Designer II $197
Design Manager $196
Senior Design Manager $206
Project Manager I $186
Project Manager II $207
Project Manager III $217
Project Manager IV $234
Principal Project Manager $238
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $141
Assistant Engineer II $157
Assistant Engineer III $166
Assistant Engineer IV $175
Associate Engineer I $184
Associate Engineer II $192
Associate Engineer III $196
Senior Engineer I $199
Senior Engineer II $204
Senior Engineer III $207
Senior Engineer IV $211
Supervising Engineer $219
Traffic Engineer I $219
Traffic Engineer II $234
City Engineer I $234
City Engineer II $238
Deputy Director $243
Director $249
Principal Engineer $270

BUILDING AND SAFETY
Code Enforcement Technician $106
Code Enforcement Officer $121
Senior Code Enforcement Officer $143
Supervisor Code Enforcement $173
Fire Plans Examiner $173
Senior Fire Plans Examiner $189
Fire Inspector $159
Senior Fire Inspector $173
Fire Marshal $204
Plans Examiner Aide $114
Plans Examiner $173
Senior Plans Examiner $189
Assistant Construction Permit
Specialist
$121
Construction Permit Specialist $128
Senior Construction Permit
Specialist
$150
Supervising Construction Permit
Specialist
$159
Assistant Building Inspector $143
Building Inspector $159
Senior Building Inspector $173
Supervising Building Inspector $189
Inspector of Record $202
Deputy Building Official $205
Building Official $210
Plan Check Engineer $205
Supervising Plan Check Engineer $215
Principal Project Manager $238
Deputy Director $243
Director $249

PLANNING
CDBG Technician $86
CDBG Specialists $103
CDBG Analyst $122
CDBG Coordinator $152
CDBG Manager $183
Housing Program Coordinator $151
Planning Technician $130
Assistant Planner $162
Associate Planner $176
Senior Planner $200
Principal Planner $208
Planning Manager $221
Deputy Director $243
Director $249

CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $146
Labor Compliance Manager $183
Utility Coordinator $167
Office Engineer I $147
Office Engineer II $167
Assistant Construction Manager $160
Construction Manager $185
Senior Construction Manager $201
Resident Engineer I $208
Resident Engineer II $216
Project Manager IV $234
Deputy Director $243
Director $249

INSPECTION SERVICES
Public Works Observer ** $131
Public Works Observer *** $159
Senior Public Works Observer** $143
Senior Public Works Observer *** $159

MAPPING AND EXPERT SERVICES
Survey Analyst I $147
Survey Analyst II $169
Senior Survey Analyst $187
Supervisor - Survey & Mapping $203
Principal Project Manager $238

LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $153
Associate Landscape Architect $176
Senior Landscape Architect $193
Principal Landscape Architect $204
Principal Project Manager $238

ADMINISTRATIVE
Administrative Assistant I $99
Administrative Assistant II $120
Administrative Assistant III $140
Project Accountant I $112
Project Accountant II $132
Project Controller I $140
Project Controller II $158
Total Budget $3,000,000 (not to exceed)
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 314 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
C
Insurance Requirements
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 315 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 1 Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 316 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 2 addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 317 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 3 Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 318 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Exhibit
D
Prevailing Wage Job Acknowledgement
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS
WHAT IS PREVAILING WAGE?
All workers employed on public works projects must be paid the prevailing wage determined by the Director of the California Department of Industrial Relations (DIR), according to the type of work and location of the project. California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project. Contractors/Consultants must comply with the prevailing wage requirements. A project must meet state prevailing wage requirements when it is twenty‐five thousand dollars ($25,000) or more when the project is for NEW construction work, or fifteen thousand dollars ($15,000) or more when the project is for alteration, demolition, repair, or maintenance work.

NOTE! For federally funded or assisted projects, Davis-Bacon requirements apply to contracts (including purchase orders) in excess of two thousand dollars ($2,000) for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.

WHAT MUST CONTACTORS/CONSULTANTS/VENDORS DO TO FOLLOW THE LAW? Contractors/Consultants and subcontractors/subconsultants which bid on and are awarded City of Santa Monica prevailing wage project must comply with four general labor compliance obligations:

1. Register as a Public Works Contractor with the Division of Labor Standards Enforcement (DIR)

2. Pay Prevailing Pages

3. Comply with Apprenticeship Standards

4. Mail Hard Copies of Certified Payroll Records and ancillary documents to the City’s prevailing wage consultant, GCAP Services, Inc. OR submit electronic payrolls via LCP Tracker© or equivalent certified payroll software, as approved by the City and upload payrolls electronically to DIR on a Weekly Basis

CONTRACTOR REGISTRATION
To submit a bid or work on a Prevailing Wage project, contractors and subcontractors are required to register with the Division of Labor Standards Enforcement even if you don’t have a contractor license. Registration cost is $400 and covers fiscal year July 1st through June 30th. Failure to register will result in a $2,000 penalty if the unregistered contractor:
• Bid on a public works project on or after March 1, 2015 • Was awarded a public works contract on or after April 1, 2015 or • Intentionally allowed registration to lapse while biding or working on a public works project Contractors must meet the following requirements to register:
• Have workers compensation coverage for any employees and only use subcontractors who are registered public works contractors.
• Have a Contractors State License Board license if applicable to trade. • Have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.
• Not be under federal or state debarment.
• Not be in prior violation of this registration requirement once it became effective. However, for the first violation in a 12‐month period, a contractor may still qualify for registration by paying an additional penalty.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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PAY PREVAILING WAGES
California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. The prevailing wage rate is issued by the Office of Policy, Research and Legislation twice a year, February 22nd and August 22nd. In determining what wage determination for the life of the project, the contractor shall refer to the advertised bid date the Awarding Body published the first “Notice Inviting Bids” or RFP Advertise Date which resulted in a contract being awarded. If the City did not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning public works elements of the project or contract governing the award of public funds will be utilized instead. Current and Superseded prevailing wage determinations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD  Contractors/Consultants must have required labor posters posted on the job site (or break area), where signs are made clearly available for employees to review.  Drivers performing both on‐site and off‐site hauling of materials either to or from a public works construction project must be paid the prevailing wage. Bona fide material suppliers are exempt from prevailing wage requirements.
 Workers who are required to report to the contractor’s office, yard, or other designated areas at the beginning and/or end of their shift shall be paid at the worker’s prevailing wage rate of pay for any travel time to and from the job site. This drive time shall be included when calculating any overtime due to the worker.
 Workers hauling and delivering ready‐mixed concrete for a public works contract shall be paid the current prevailing wage rate from the time they set out from the batch plant until they return to the batch plant. (California Labor Code § 1720.9)
 Fringe Benefits (Health & Welfare, Pension, & Vacation) must either be paid to the worker, or to the appropriate third‐party trust fund as part of a non‐union employee’s hourly wage rate. A completed Fringe Benefit Statement must be provided for each contractor/consultant & subcontractor/subconsultant employed on the project.
 Pay the corresponding “training” rate that appears on the Director’s Wage Determination for each craft or trade to the California Apprenticeship Council (CAC) or an approved DAS program.  Prime Contractors/Consultants are responsible for the proper insurance and compliance of ALL subcontractors, owner operators, vendors and suppliers who provide personnel to work at the job site.
 Representatives from the City of Santa Monica will monitor the job site and perform on‐site interviews with employees performing labor at any time during construction except during rest periods or meal breaks.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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APPRENTICESHIP STANDARDS
Apprentices are required on Public Works projects greater than $30,000 for any “apprenticeable craft”.

This is required under State Labor Code, California Labor Code §§ 1777.5.

Contractor’s/Consultant’s Responsibilities:
 Submit contract award information for each apprenticeable craft required on the project using the DAS 140 form prior to performing work. If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.  All apprentices working on City projects must be registered in either a State and/or Federally Approved Apprenticeship Program. See: https://www.dir.ca.gov/das/publicworks.html  If your company is not approved to train apprentices, you must send the DAS 140 to all of the applicable apprenticeship committees whose geographical area (County) of operation incudes the area of the public works projects. DAS approved Apprenticeship programs can be found by using the search engine on the DAS website. Those programs that are the result of that search may or may not be in the County in which the job is located but they have been approved by the DAS to receive the DAS140. In some cases, a program will have statewide approval or approval of a certain number of counties i.e. 12 Southern California Counties and DAS approval is based on County not a City.  Contractors/consultants who employ journeyman or apprentices in any “apprenticeable craft” must contribute to the California Apprenticeship Council (CAC) the amount reflected as the hourly “training” rate that appears on the Director’s wage determination, for each hour worked. A contractor is also entitled to take credit for such contributions made to a DAS approved apprenticeship program that can supply apprentices to the site of the public work. The training contribution is a distinct obligation of the contractor under the Labor Code and cannot be satisfied by paying the required hourly contribution directly to the employee.
 Contact the applicable apprenticeship committee to request apprentices for each apprenticeable craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before the apprentice is to report to the jobsite and it must be sent to the apprenticeship committees providing training in the applicable craft ortrade whose geographical area of operation includes the site of the public work. If the apprenticeship committee does not dispatch apprentices, the contractor must request apprentice dispatch from another committee in the geographical area of the site of the public work and must request dispatch from each committee either consecutively or simultaneously until the contractor has requested dispatches from each such committee in the geographical area.(www.dir.ca.gov/das/publicworks.html)  Employ apprentices in the correct ratio to journeyman of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. If the contractor agrees to be bound by the standards of an apprenticeship program, the ratio may be no higher than the ratio stipulated by the apprenticeship program. (California Labor Code §§ 1777.5 (d) and (g))  Provide worker’s compensation benefits to apprentices.  Proof of registration from California’s State Division of Apprenticeship Standards (DAS) for each apprentice must be maintained.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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APPRENTICESHIP STANDARDS (CONTINUED)
In the event Contractors/Consultants or Subcontractor/Subconsultant fails to comply with the obligation to hire apprentices or employ apprentices in the correct ratio, the City of Santa Monica will prepare an Apprenticeship complaint that will be filed with the DIR. The City will apply a withhold that is to be applied until the DIR’s ruling is received.

CERTIFIED PAYROLL REQUIREMENTS
Certified Payroll Records shall be submitted electronically through the DIR’s Online Certified Payroll System AND mail original HARD copies of the A‐1‐131 form or provide a form that includes ALL required information from the A‐1‐131 form weekly to: GCAP Services, Inc., Attn: Kim Morales, 3525 Hyland Avenue, Suite 140, Costa Mesa, CA 92626 OR Contractor may submit electronic payrolls via LCP Tracker after the contractor’s public works project has been setup in the LCP Tracker system by GCAP Services. Contractor payroll records are subject to review by the City of Santa Monica as outlined in California Labor Code §§ 1776 and 1812.
 Public Works Small Project Exemption is for contractors who work exclusively on small projects and are not required to be registered as public works contractors or file electronic certified payroll reports through the DIR’s online system. However, prevailing wages must still be paid on projects and contractors are still required to MAIL original HARD copies of the payroll weekly to GCAP Services at the address above. Small project exemption is based on the contract amount of the entire project, not a contractor’s subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed:
 $25,000 for new construction.
 $15,000 for maintenance, alteration, installation, demolition, or repair.  Payrolls shall be due weekly from the Prime Contractor/Consultants and ALL subcontractors/subconsultants, owner‐operators, vendors and suppliers who provide personnel to work at the job site.
 The payroll must be completed in its entirety, including the employee’s home address and socialsecurity number. Incomplete payrolls will not be accepted, and a progress payment withheld will be applied until acceptable payrolls are submitted.
 Statement of Non‐Performance is submitted in lieu of a certified payroll any/all weeks a contractor remains on the job but no work is performed, including on‐call/as‐needed contracts – see example Attachment 4.
 A Statement of Compliance must be completed and signed with each certified payroll record.  Authorized Signatory is to be completed and signed by an Owner, Officer or other person(s) with authority under penalty of perjury to so affirm, that the records for certified payroll are originals which truly depict fully and correctly the craft of type of work performed, hours and days worked and the amounts disbursed by way of check
 Fringe Benefit Statement for each trade utilized on the project must be updated prior to completing the first payroll by each contractor/consultant and each time fringe benefit rates change.  “OTHER” deductions, if any, including deductions for 401K, must be fully explained in writing and an authorization for the deductions must be signed by the employee and submitted with the first payroll on which the deduction is shown.
 Daily Reports are to be submitted for all days worked on site. The reports should contain names of employees, total hours worked and description of work performed on that given day.  Employee Itemized Check Stubs will be requested at random but no more than one employee per each month worked if no issues are discovered.

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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CERTIFIED PAYROLL REQUIREMENTS (CONTINUED)
 The City conducts on‐going audits of certified payrolls and ancillary documents by requesting payroll records and ancillary documents during the course of the project. If these documents are not submitted to the City with the requested time frames, a withhold will be applied to your contract.  The City will email a monthly request for information via a “Issues List” (Attachment 1) to Prime Contractor/Consultants. The Prime Consultant has 10 days to submit requested information.  Owner/operators, sole proprietors, or business owners, must also submit certified payroll reports.  If your firm will use LCP Tracker© or equivalent certified payroll software (as approved by the City) a CD of the entire payrolls must be submitted to the City upon project completion.  Password and Login to LCP Tracker© or equivalent certified payroll software (as approved by the City) must be provided to the City’s Prevailing Wage Consultant.

REQUIRED PRE‐CONSTRUCTION CONFERENCE
The City of Santa Monica requires a mandatory pre‐construction conference with the Prime AND Sub‐ Contractors (Prime Consultants/Subconsultants) prior to the job start. This meeting can be conducted telephonically or in person. At this meeting the City’s Labor Compliance consultant will discussfederal and/or state labor law requirements applicable to the contract and will provide a packet of information containing templates for contractors use. The Prime Contractor/Consultant will be required to sign the Check List of Labor Law Requirements at the end of the conference, acknowledging that the City has provided the contractor with information regarding each federal and state requirement per Attachment 2.

SANCTIONS
 The City may withhold funds on progress payments due to the Prime for the failure to submit required reports and/or documents by the Prime or ANY of the subs on the job. The City’s Withhold Policy is Attachment 3.
 Contractors/Consultants violating the prevailing wage requirements are subject to a penalty of up to $200 per day for each worker paid less than the prevailing wage rate, in addition to having to restore the differences in wages paid. (California Labor Code § 1775)  Contractors/Consultants are also subject to a penalty of an additional $25 per day for each worker paid less than the prevailing wage rate for overtime work ‐‐ over 8 hours per day or more than 40 hours per week. (California Labor Code § 1813)
 In the event of an underpayment of wages, the Contractor/Consultant has 60 days to restitute those wages to the worker(s). If the Contractor/Consultant fails to pay the restitution within 60 days, liquidated damages in an amount equal to the unpaid wages will be assessed. Liquidated damages will be due the worker. (California Labor Code § 1742.1)  Failure to utilize apprentices as specified, or to provide proof that apprentices were requested and denied, may subject the contractor to a penalty of up to $100 for each calendar day that the contractor worked on the project. A contractor/consultant that commits a second or subsequent violation within a three‐year period may be subject to a penalty of up to $300 for each calendar day that the contractor/consultant worked on the project. (California Labor Code §1777.7)  Failure to submit Certified Payroll Records within requested time receipt of a written request will be subject to a penalty of $100 per calendar day per employee until strict compliance is effectuated. (California Labor Code §§ 1776 and 1777.1).

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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PREVAILING WAGE JOB ACKNOWLEDGMENT FORM
 A Prevailing Wage Job Notice and Acknowledgment Form (Exhibit 5) must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form.  If any adjustments are made to the project including, but not limited to, the addition, substitution, or removal of Subcontractor(s) the City requires the submission of an updated Prevailing Wage Job Notice and Acknowledgement Form. Addition of any New Subcontractor(s) will be subject to approval by the City’s Labor Compliance Consultant. New subcontractors/subconsultants cannot come onto City jobs unless a Prevailing Wage Job Notice and Acknowledgment Form has been submitted and approved. Forthe addition, substitution, orremoval of any Subcontractor(s),the City may require a written request by the Prime Contractor, which will be subject to written approval by the Project Manager.

PREVAILING WAGE RESOURCES
Division of Labor Standards Enforcement (DLSE)‐ Laws and Regulations https://www.dir.ca.gov/dlse/dlseLaws.html
Certified Payroll Reporting https://www.dir.ca.gov/Public‐ Works/Certified‐Payroll‐Reporting.html Contractor Registration https://www.dir.ca.gov/Public‐Works/PublicWorksSB854FAQ.html DIR Contact Information https://www.dir.ca.gov/Public‐
Works/ContactUs.htm
Division of Apprenticeship Standards ‐ Public Works Information https://www.dir.ca.gov/DAS/PublicWorksForms.htm
State of California, Division of Labor Standards Enforcement, Public Works Manual http://www.dir.ca.gov/dlse/PWManualCombined.pdf
Prevailing Wage Determinations
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CITY OF SANTA MONICA PREVAILING WAGE STAFF
For questions on Prevailing Wage in the City of Santa Monica, please contact Kim Morales at (714) 406-5467, [email protected]

ATTACHMENTS
Attachment 1: Check List of Labor Law Requirements
Attachment 2: City of Santa Monica’s Labor Compliance Withhold Policy‐ Construction Contracts Attachment 3: City of Santa Monica’s Labor Compliance Withhold Policy‐ Professional Services Attachment 4: City of Santa Monica Prevailing Wage Job Acknowledgment Form Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Prevailing Wage ‐ Attachment 1

CHECKLIST OF LABOR LAW REQUIREMENTS
Appendix A
City of Santa Monica (Enter Department Name) (Project Name) Project# (Enter Number)
The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following:

1. Payment of Prevailing Wage Rates
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors pursuant to Labor Code section 1770 et seq.

The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes, which may occur during the term of the contract.

Prevailing wage rates and rate changes are to be posted at the job site for workers to view.

2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects pursuant to Labor Code section 1777.5.

3. Penalties
Penalties, including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit accurate certified payroll records upon request, failure to employ apprentices, and for failure to pay employees for all hours worked at the correct prevailing wage rate, in accordance with Labor Code sections 1775, 1776, 1777.7, and 1813.

4. Certified Payroll Records
Pursuant to Labor Code section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works
Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request.

Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the certified payroll record shall be annotated “No Work” for that week. All non‐redacted certified payrolls should be sent to:

GCAP Services Inc., Labor Compliance
(City of Santa Monica)
3525 Hyland Avenue, Suite 140
Costa Mesa, CA 92626
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5. Nondiscrimination in Employment
Prohibitions against employment discrimination are contained in Labor Code sections 1735 and 1777.6; the Government Code; the Public Contracts Code; and Title VII of the Civil Rights Act of 1964, as amended.

6. Kickback Prohibited
Pursuant to Labor Code section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting “kickback” from employee wages.

7. Acceptance of Fees Prohibited
Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work (Labor Code section 1779); or for filling work orders on public works contracts (Labor Code section 1780).

8. Listing of Subcontractors
Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one‐half of one percent of the total effort (Public Contract Code section 4104.).

9. Proper Licensing
Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed (Labor Code section 1021 and Business and Professions Code section 7000, et seq. under California Contractors License Law).

10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition (Business and Professions Code sections 17200‐17208).

11. Workers’ Compensation Insurance
All contractors and subcontractors are required to be insured against liability for workers’ compensation, or to undertake self‐insurance in accordance with the provisions of Labor Code sections 3700 and 1861.

12. OSHA
Contractors and subcontractors are required to comply with the Occupational Safety and Health laws and regulations applicable to the particular public works project.

13. Prohibition against hiring undocumented workers
Federal law prohibits contractors and subcontractors from hiring undocumented workers and requires all contractors and subcontractors to secure proof of eligibility/citizenship from all workers.

14. Itemized wage statements
Contractors and subcontractors are required to provide itemized wage statements to employees pursuant to Labor Code section 226.

The undersigned contractor hereby acknowledges that the City has provided the contractor with information regarding each item listed above. In accordance with federal and state laws, and with City’s policy and contract documents, the undersigned contractor herein certifies that it will comply with the Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

For the Contractor: For the City of Santa Monica:

Signature Date Signature Date
Title
Organization
Project
E‐Mail
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Prevailing Wage‐ Attachment 2 (Page 1 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts

Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Prevailing Wage‐ Attachment 2 (Page 2 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Prevailing Wage ‐ Attachment 3 (Page 1 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants)
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Prevailing Wage ‐ Attachment 3 (Page 2 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants) Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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PrevailingWage ‐ Attachment 4
Prevailing Wage Job Acknowledgment Form
First Page for Prime Contractors/Consultants/Vendors
Second page for Subcontractors/Subconsultants
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 333 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) April 2024
For City of Santa Monica Internal Use Only
Approved By: _______________________________ Date: ________________ Prevailing Wage Job Acknowledgement Form
Prime Contractor/Consultant/Vendor
A Prevailing Wage Job Notice and Acknowledgement Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

Project Name: SP Number or Bid No:

Bid Advertised Date: Federal Wage Determination:

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgement form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working, onsite contractor must submit revised Prevailing Wage Job Acknowledgement form with updated classifications.

Please indicate all classifications your company plan to use:
# Craft Group Number/Trade
Classification
Determination
Number
Issue Date Number
of Staff
Apprenticeable?
Y/N
By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: __________________________________________________________________ Email Address: __________________________________________ Phone Number: ____________________ Contractor State License Board Number (CSLB):________________ PWC Registration Number: _________________ Name of Apprenticeship Program affiliated with (if any): __________________________________________________ Officer/Prevailing Wage Contact: _________________________________________________ Date: ____________ Print Name and Title: __________________________________________________________ Email: ________________________________________________ Various On-Call Services 2721 10/30/24 20.32 n/a Civil Design Services n/a n/a n/a n/a n/a Willdan Engineering 13191 Crossroads Parkway North, ste 405, Industry, CA 91746 [email protected] 562-447-6844 967101 1000025452 n/a Vanessa Muñoz 12/12/24 Vanessa Muñoz, President,CEO [email protected] Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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For City of Santa Monica Internal Use Only
Approved By: _______________________________ Date: ________________ Prevailing Wage Job Acknowledgement Form
Sub-Contractor/Sub-Consultant/Vendor
A Prevailing Wage Job Notice and Acknowledgement Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

Project Name: SP Number or Bid No:

Name of Prime Contractors/Consultant Working For:

Bid Advertised Date: Federal Wage Determination:

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgement form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working, onsite contractor must submit revised Prevailing Wage Job Acknowledgement form with updated classifications.

Please indicate all classifications your company plan to use:
# Craft Group Number/Trade
Classification
Determination
Number
Issue Date Number
of Staff
Apprenticeable?
Y/N
By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: __________________________________________________________________ Email Address: __________________________________________ Phone Number: ____________________ Contractor State License Board Number (CSLB):________________ PWC Registration Number: _________________ Name of Apprenticeship Program affiliated with (if any): __________________________________________________ Officer/Prevailing Wage Contact: _________________________________________________ Date: ____________ Print Name and Title: __________________________________________________________ Email: ________________________________________________ Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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E
Levine Act Disclosure Form
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 336 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 338 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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F
Bidding Addenda & Q&A
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Engineering & Street Services Division
On-Call Civil Design
SP2721
Addendum Number 1
RFP Document
11/14/2024
All references are from the Request for Proposals for the On-Call Civil Design – SP2721 dated 10/30/2024.

This addendum is hereby made a part of the Request for Proposals document and modifies the original document. Proposer shall acknowledge receipt of addendum on their Proposal via OpenGov Procurement (https://procurement.opengov.com/portal/santamonica-ca) in the Addenda Section.

General Information

1.1 REVISED THE REQUEST FOR PROPOSAL AND FORMS
The Request for Proposal Form has been updated to clarify that the Oaks Initiative and Living Wage submittal forms are required, and now includes a revised proposal due date.

RFP Section III.B.6 Cost Proposal is also updated.

1.2 REVISED PROPOSAL DUE DATE
The Proposal Due Date is extended to 3:00PM on 12/06/2024.

Your acceptance of this addendum must be acknowledged via OpenGov Procurement (https://procurement.opengov.com/portal/santa-monica-ca) in the Addenda Section on or before RFP DUE 3:00PM on 12/6/2024.
____________________________________________
Alex Nazarchuk, P.E.

City Engineer
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Packet Pg. 343 Attachment: Willdan_11704_ASA_Executed (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) Public Works Department
Engineering & Street Services Division
On-Call Civil Design
SP2721
Addendum Number 2
RFP Document
11/26/2024
All references are from the Request for Proposals for the On-Call Civil Design – SP2721 dated 10/30/2024.

This addendum is hereby made a part of the Request for Proposals document and modifies the original document. Proposer shall acknowledge receipt of addendum on their Proposal via OpenGov Procurement (https://procurement.opengov.com/portal/santamonica-ca) in the Addenda Section.

General Information

2.1 REVISED THE REQUEST FOR PROPOSAL FORM
The Request for Proposal Form, Section I. Introduction, has been updated to provide additional information regarding the preparation of engineering calculations related to street lighting and electrical systems.

2.2 REVISED PROPOSAL DUE DATE
The Proposal Due Date is extended to 3:00PM on 12/12/2024.

Your acceptance of this addendum must be acknowledged via OpenGov Procurement (https://procurement.opengov.com/portal/santa-monica-ca) in the Addenda Section on or before 3:00PM on 12/12/2024.
____________________________________________
Alex Nazarchuk, P.E.

City Engineer
Robert Zak, P.E. for
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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Engineering & Street Services
Alex Nazarchuk, City Engineer
1685 Main Street, Santa Monica, CA 90401

QUESTION & ANSWER REPORT
Request For Proposal - On-Call Civil Design

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design
RESPONSE DEADLINE: December 12, 2024 at 3:00 pm
Tuesday, February 11, 2025
Approved, Answers Provided

1. Deadline extension
Oct 30, 2024 4:00 PM
Question: Due to staff availability with the upcoming holiday, will the City kindly consider a deadline extension? Thank you!
Oct 30, 2024 4:00 PM
Answered by Anastasia Kim: The RFP submittal date has been updated, please refer to Addendum #1 for more information.

Nov 14, 2024 3:21 PM

2. Submittal of Forms
Nov 5, 2024 2:19 PM
Question: Are the forms that are part of the questionnaire meant to be included in the RFP/RFQ form submittal, in addition to being uploladed individually? Nov 5, 2024 2:19 PM
Answered by Anastasia Kim: No, the forms included in the vendor questionnaire should be uploaded individually.

Nov 14, 2024 3:21 PM

3. Proposal Contact
Nov 5, 2024 2:21 PM
Question: Is there a person that the proposal/cover letter (with physical address) should be addressed to?
Nov 5, 2024 2:21 PM
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

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Answered by Anastasia Kim: You can address the proposal/cover letter to the City of Santa Monica, Jonathan Maldonado, Civil Engineering Associate; 1685 Main Street, MS15, Santa Monica, CA 90401; [email protected], 310-458-2201
Nov 14, 2024 3:21 PM

4. Discrepancy Regarding Forms
Nov 5, 2024 6:59 PM
Question: Page 4 of the RFP document indicates that the Oaks Initiative Disclosure Form and the Living Wage Certification are not required, unless the proposer is selected. However, the online questionnaire shows (with asterisks) that both are required to be uploaded for submittal. Which situation is correct? If these forms aren't required at the submittal stage, will not uploading them impact the proposer's ability to submit the proposal package through the website?
Nov 5, 2024 6:59 PM
Answered by Anastasia Kim: The Oaks Initiative Disclosure Form will be required, the RFP document has been updated to eliminate any conflicting language.

Nov 14, 2024 3:21 PM

5. Payment Bond
Nov 6, 2024 12:54 PM
Question: Will Payment Bond be required from us at any time? Nov 6, 2024 12:54 PM
Answered by Anastasia Kim: No, payment bonds are not required for Professional Service Agreements.

Nov 14, 2024 3:21 PM

6. Forms
Nov 7, 2024 9:06 AM
Question: The links to forms in the file "On_Call_Design.pdf" do not work. What forms, if any are required? Can the city upload them for us to download?
Nov 7, 2024 9:06 AM
Answered by Anastasia Kim: Please refer to city's procurement webpage, OpenGov, Project Documents Tab, section 6 - Attachments and section 7 - Vendor Questionnaire for the required forms.

Nov 14, 2024 3:21 PM
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

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7. Land Surveying Services
Nov 7, 2024 11:39 AM
Question: Should land surveying services be included in the proposal or will design surveys be provided when necessary?
Nov 7, 2024 11:39 AM
Answered by Anastasia Kim: For the purpose of this submittal, land surveying services do not need to be included. Depending on the task order request, the consultant may need to engage a surveyor to perform design surveys, as the City may not always provide them.

Nov 14, 2024 3:21 PM

8. Blended Hourly Rates
Nov 11, 2024 9:48 AM
Question: On page 10, item 6, of the RFP, the City requests “a blended hourly rate for staff typically assigned to an on-call civil design contract.” We feel the range of work is too broad to provide an accurate blended hourly rate to the City. Can the City provide a work level ratio so we can provide an accurate blended rate?
Nov 11, 2024 9:48 AM
Answered by Anastasia Kim: The RFP form has been updated to provide additional information regarding assumed scope of work, please refer to Addendum #1 and RFP Section III.B.6 Cost Proposal for more information.

Nov 14, 2024 3:21 PM

9. No subject
Nov 13, 2024 9:28 AM
Question: Does the proposal need to include all civil discipline categories? Nov 13, 2024 9:28 AM
Answered by Anastasia Kim: The civil disciplines provided, should align with the specific project types listed on page 2 of the RFP.

Nov 14, 2024 3:21 PM

10. RFP links to documents do not work.

Nov 13, 2024 10:30 AM
Question: Please provide downloadable documents within the RFP. They cannot be accessed from the PDF. They are listed below. - Living Wage FY24-25.pdf - Oaks Initiative Disclosure - Oaks Initiative - Example.pdf - Non-collusion Declaration.pdf - Subcontractor List fillable - Levine Act Disclosure Form Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

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Nov 13, 2024 10:30 AM
Answered by Anastasia Kim: Please refer to city's procurement webpage, OpenGov, Project Documents Tab, section 7 - Vendor Questionnaire for the required forms.

Nov 14, 2024 3:21 PM

11. No subject
Nov 13, 2024 1:44 PM
Question: Given that this RFP is for an on-call contract, how does the City want us to respond to the breakdown of hours request? Are we able to just submit a rate schedule instead? Nov 13, 2024 1:44 PM
Answered by Anastasia Kim: The RFP form has been updated to provide additional information regarding assumed scope of work, please refer to Addendum #1 and RFP Section III.B.6 Cost Proposal for more information.

Nov 14, 2024 3:21 PM

12. No subject
Nov 13, 2024 2:52 PM
Question: 1. We understand that City is anticipating the consultant(s) to provide the on-call services as listed on page 3 of the RFP. Can the consultant provide selected services only or are the consultant anticipated to provide all the services listed? 2. For the proposal content related to “Project Work Plan”, is the consultant anticipated to provide the general approach regarding the response to Task Order Request and the subsequent actions? Or the City anticipates the tailored work plan for the individual services identified on page 3. 3. For the “Cost Proposal”, is a single blended hourly rate for each of the different services anticipated? Or an average blended rate for all the potential services combined? Additionally, for hourly fee schedule, is the consultant anticipated to submit the rate schedule for various engineering classifications or the rate schedule for each individual who would be assigned to the task orders? 4. Can we ask for 2-week extension for the proposal due date? Nov 13, 2024 2:52 PM
Answered by Anastasia Kim: "1.The consultant should be able to provide the services listed on page 3 of the RFP. Please note that the selected consultants will submit additional project materials as needed, per the introduction section of the RFP. 2.Yes, the consultant should provide a general approach for the Project Work Plan as it relates to a Task Order Request, given that projects within the task order will vary. 3.The RFP form has been updated to include additional information regarding the assumed scope of work for the Cost Proposal. 4.The submittal date has been updated; please refer to Addendum #1 for more information."
Nov 14, 2024 3:21 PM
Docusign Envelope ID: EDE0D0DE-5E07-4EF5-97F7-7974A2335C4A

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AS-NEEDED PROFESSIONAL SERVICES AGREEMENT FOR DESIGNERS This As-Needed Professional Services Agreement for Designers (“Agreement”), entered into as of ____________, 2025 (“Execution Date”), by and between the City of Santa Monica (“City”) and Tetra Tech, Inc. (“Design Consultant”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Design Consultant is qualified to do business, and is doing business, in the State of California. Design Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. Design Consultant has responded to a Request for Proposals (RFP) for as-needed civil design services.

D. The City and Design Consultant now desire to enter into an agreement for Design Consultant to provide as-needed civil engineering design services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates five (5) years from the Execution Date (“Term”), unless sooner terminated or extended in accordance with the provisions of this Agreement.

1.1.Option to Extend. The City, in its sole and absolute discretion, shall have the option to extend this Agreement for up to one (1) additional five (5)-year period (“Extension Term”) under the same terms and conditions. The City may, at its sole and complete discretion, extend the Expiration Date in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.

In the event of delays in the performance of the services beyond the control of the Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension.

2. Design Consultant Services. Design Consultant shall perform all of the services (“Services”) described in Exhibit A, Scope of Services.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70 5/5/2025

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3. Task Order Process.

3.1 Task Order Request. As-needed Services shall be assigned to Design Consultant through the issuance of a Task Order Request (“TOR”) by the City’s Contract Manager in the Civil Engineering Division of Public Works.

Each TOR shall include the scope of Services, expected results, project deliverables, and project schedule.

3.2 Response to Task Order Request. Design Consultant shall provide the City’s Contract Manager with a Response to the TOR within ten (10) days of City’s issuance of the TOR unless otherwise agreed to in writing by the City’s Contract Manager. Each Response to the TOR shall include a refined scope of Services and budget clarifying the approach, deliverables, expected results, project schedule, and a cost estimate detailing the hours and labor classifications by subtask.

3.3 Task Order Amount. Design Consultant and the City shall attempt in good faith to negotiate a lump sum amount for each Task Order. If the parties are unable to negotiate a lump sum price for a Task Order and the City instructs the Design Consultant to proceed with performance of the Task Order, then the Design Consultant’s compensation shall be computed based upon the rates set forth in Exhibit B, Rate Schedule. Design Consultant understands, acknowledges and agrees that the rates included in Exhibit B are all-inclusive and Design Consultant shall not be entitled to add any mark-ups or fees.

3.4 Task Order. After agreement has been reached on the terms and conditions of a Task Order, the City’s and Design Consultant’s authorized representatives shall execute the Task Order. The City’s Contract Manager will provide the Design Consultant with a Notice to Proceed after execution of the Task Order.

The Design Consultant shall only perform the Services authorized in the executed Task Order.

3.5 Task Order Amendments. A Task Order may be amended by the written mutual agreement of City and Design Consultant.

3.6 Task Order Part of Agreement. Each executed Task Order, and any authorized amendments thereto, shall constitute a part of the Agreement as though fully set forth herein.

4. City Services. The City agrees to:

4.1. Make available to Design Consultant any currently existing documents, data or information required for the performance of the Services.

4.2. Designate a representative authorized to act on behalf of City.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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4.3. Promptly examine and render findings on all documents submitted for staff review by Design Consultant.

5. Compensation. The City will compensate Design Consultant for the Services performed in an amount not to exceed ONE MILLION, FIVE HUNDRED THOUSAND Dollars ($1,500,000) during the Term and ONE MILLION, FIVE HUNDRED THOUSAND Dollars ($1,500,000) during the Extension Term, if any, for a total compensation not to exceed THREE MILLION Dollars ($3,000,000), based upon the cumulative amounts authorized in each executed Task Order.

6. Invoices. Design Consultant will invoice the City for the Services and the City will pay any undisputed amount within thirty (30) days of receipt.

7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

7.1. All notices, demands, requests or approvals to the City:

Engineering and Street Services Division
City of Santa Monica
1685 Main St, Mailstop #15
Santa Monica, California 90401
Attention: Jonathan Maldonado
Re: SP2721, On-Call Civil Design, Contract No. 11702 (CCS) with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: SP2721, On-Call Civil Design, Contract No. 11702 (CCS)

7.2. All notices, demands, requests or approvals to Design Consultant:

Tetra Tech, Inc
17885 Von Karman Avenue
Suite 500
Irvine, California 92614
Attention: Jason Fussel
[email protected]
Re: SP2721, On-Call Civil Design, Contract No. 11702 (CCS)

8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Design Consultant or any of Design Consultant’s agents, employees, or subconsultants except as otherwise provided in this Agreement.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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9. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and Design Consultant, and approved as to form by the City Attorney.

10. Insurance. Prior to commencing the Services, Design Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Design Consultant or Design Consultant’s agents, representatives, employees or subconsultants for the duration of this Agreement. Design Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

11. Defense and Indemnification.

11.1. Indemnification.

11.1.1. Hold Harmless for Design Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Design Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

11.1.2. For Other Claims.

Except as otherwise set forth in the preceding paragraph regarding Claims Arising From Design Services, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Design Consultant (other than professional negligence, which is covered under Section 11.1.1, above), or recklessness or willful misconduct by Design Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Design Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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The provisions of the above indemnification obligations shall survive any termination of this Agreement.

11.2. Enforcement Costs. Design Consultant agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 11.1.

12. Prohibition Against Transfers.

12.1. Design Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.2. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Consultant or of any general partner or joint venturer or syndicate member of Design Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of Design Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

13. Permits and Licenses. Design Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

14. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

15. Default and Termination.

15.1. If Design Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Design Consultant.

15.2. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Design Consultant. Upon termination of this Agreement, City will pay Design Consultant any compensation earned and unpaid up to the effective date of termination.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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16. Compliance with Applicable Laws. Services provided under any Task Order may constitute "public works" within the meaning of California Labor Code section 1720 et seq.

As such, Design Consultant shall comply with applicable prevailing wage laws for each Task Order. Design Consultant has acknowledged its obligation to comply with prevailing wage laws in the Prevailing Wage Job Acknowledgement Form attached hereto as Exhibit D.

Design Consultant shall provide an updated Prevailing Wage Job Acknowledgement Form for each Task Order, based upon the scope of Services to be performed by Design Consultant pursuant to each Task Order. Notwithstanding the specificity of the foregoing, Design Consultant agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Services, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

17. Discrimination. Design Consultant may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

18. Nuisance. Design Consultant may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

19. Records.

19.1. Design Consultant must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Design Consultant must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

19.2. Design Consultant must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Design Consultant must clearly identify all records and make them readily accessible to the City. At the City’s request, Design Consultant must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

19.3. Design Consultant must allow the City to have free access to Design Consultant’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Design Consultant’s records, and Design Consultant agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Design Consultant, Design Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Consultant agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

20. Work Product; Reports.

20.1. Any work product prepared or caused to be prepared by Design Consultant or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by Design Consultant or any subconsultant pursuant to this Agreement may be made available to any individual or organization by Design Consultant without prior written approval by City.

20.2. At the City’s request, Design Consultant must furnish reports concerning the status of the Services.

21. Standard of Care. Design Consultant agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Design Consultant’s profession currently practicing in the same locality under similar conditions.

22. Subconsultants.

22.1. If Design Consultant proposes to have any subconsultant perform any part of the Services, Design Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

22.2. Design Consultant will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between Design Consultant and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11702 (CCS) entered into between the City of Santa Monica and Design Consultant.

23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

24. Venue and Jurisdiction. The City and Design Consultant agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate.

The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements
Exhibit D Prevailing Wage Job Acknowledgement Form
Exhibit E Levine Act Disclosure Form
Exhibit F Bidding Addenda & Q&A
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

NIKIMA S NEWSOME
City Clerk
APPROVED AS TO FORM:
______________________________

DOUGLAS SLOAN
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

ELAINE POLACHEK
Interim City Manager

TETRA TECH, INC
By: ________________________________
Name: _____________________________
Title: ______________________________

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70 4/21/2025
4/30/2025
Jason L Fussel
Vice President
5/6/2025 5/5/2025

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Scope of Services
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Exhibit A

SCOPE OF SERVICES
The Engineering and Street Services Division plans, develops, coordinates, and directs the design and bidding of Capital Improvement Program projects and provides technical engineering support to client departments and divisions.

The types of projects for which the on-call or shortlisted design consultants may be utilized include, but are not limited to:
• Any civil engineering or municipal project;
• Water/sewer/recycled main replacement;
• Storm drain improvements and stormwater infrastructure; • Roadway paving and reconstruction;
• Concrete sidewalk and curb ramp improvements, including ADA upgrades; • Concrete curb, gutter, and alley improvements;
• Parking structure repair and rehabilitation;
• Street lighting / EV charging improvements;
• Watershed management;
• Geotechnical inspection and risk mitigation;
• Street scape improvements;
• Structural design, retrofit, repairs, evaluation, including Marine and pier work; • Mobility including Traffic Engineering and Temporary Traffic Control.

The City is seeking civil engineering design consultant(s) capable of (1) providing technical support on an on-call basis, and (2) executing unplanned work on short notice. The services to be provided include, but are not limited to:

Preparation of plans, specifications, and estimates for the types of work listed above with all CAD files being released to the City
• Preparation of engineering calculations related to grading, hydrology, geotechnical work, retaining wall design, and earthwork
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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• Preparation of engineering calculations related to hydraulics, pumps, and pipelines (pressurized and gravity)
• Preparation of engineering calculations related to street lighting and electrical systems, including electrical engineering services to conduct Incident Energy Analysis (per NFPA 70E®, Standard for Electrical Safety in the Workplace) and create ark flash labels for various electrical equipment.
• Peer review of other engineers’ designs and calculations summarized in a “3rd Party Review Report” or similar document
• Preparation of Temporary Traffic Control Plans
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Rate Schedule
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 360 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - -a- TETRA TECH
Proposal for On-Call Civil Design
City of Santa Monica

6. Cost Proposal
SP2721
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 361 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - -29- TETRA TECH
Proposal for On-Call Civil Design
City of Santa Monica

6. COST PROPOSAL
As requested in the RFP, below is a cost
proposal for a hypothetical design scope
of work that includes roadway paving and
reconstruction, concrete sidewalk and
curb ramp improvements, and temporary
traffic control plans. The number of hours
are included which could be achieved
with a $3,000,000 budget, assuming a
2025 blended hourly rate. Also, included
is an hourly fee schedule for all personnel
to be involved in the project. The hourly
rates include fringe benefits, indirect
costs and profit.

ROLE STAFF NAME HOURLY RATE HOURS COST % PER ROLE
Principal in Charge Dan Helt $395 48 $18,960.00 0.28%
QA/QC Manager Jason Fussel $325 190 $61,750.00 1.12%
Sr. Project Manager Devin Newton $325 968 $314,600.00 5.73% Project Engineer 3 Eric Martin $215 1,000 $215,000.00 5.92% Project Engineer 3 Craig Ziel $215 1,000 $215,000.00 5.92% Project Engineer 3 Elva Pangilinan $215 1,000 $215,000.00 5.92% Project Engineer 1 Jeffrey Atijera $185 900 $166,500.00 5.32% Project Engineer 1 James Scheuermann $185 900 $166,500.00 5.32% Project Engineer 1 Nick LaRash $185 900 $166,500.00 5.32% Engineer 3 Heath Pray $165 1,200.00 $198,000.00 7.10%
Engineer 3 Braden DeWhite $165 1,200.00 $198,000.00 7.10% Engineer 2 David Montalvo $140 1,900 $266,000.00 11.24% Engineer 2 Philip Nordhus $140 1,900 $266,000.00 11.24% Engineer 2 Octavio Ferreira $140 1,900 $266,000.00 11.24% Engineer 2 Connor Melton $140 1,900 $266,000.00 11.24%
Total 16,906.00 $2,999,810.00
Blended Hourly Rate $177.44
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 362 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - -30- TETRA TECH
Proposal for On-Call Civil Design
City of Santa Monica

TETRA TECH STANDARD HOURLY BILLING RATES AND EXPENSE REIMBURSEMENT SCHEDULE NOTE: Rates subject to change annually

OPERATIONS MANAGEMENT
Principal in Charge 395
QA/QC Manager 325

PROJECT MANAGEMENT
Project Manager 1 200
Project Manager 2 215
Project Manager 3 235
Sr Project Manager 325
Program Manager 330

ENGINEERS
Engineering Technician 105
Engineer 1 120
Engineer 2 140
Engineer 3 165
Project Engineer 1 185
Project Engineer 2 205
Project Engineer 3 215
Sr Engineer 1 250
Sr Engineer 2 265
Sr Engineer 3 285
Principal Engineer 385

SURVEYING
Survey Tech 1 110
Survey Tech 2 120
Survey Tech 3 140
Survey Crew Chief 160
Surveying Specialist 180
Land Surveyor 200
Sr Land Surveyor 250

SURVEY CREW (NON-PREVAILING)
1-person Survey Crew 185
2-person Survey Crew 310
3-person Survey Crew 415
Survey Crew (Prevailing)
1-person Survey Crew 220
2-person Survey Crew 385
3-person Survey Crew 540

DESIGNER/TECHNICIANS
GIS Analyst 1 105
GIS Analyst 2 125
Sr GIS Analyst 150
CAD Designer 1 130
CAD Designer 2 140
Sr CAD Designer 160

OUTREACH
Outreach Specialist I 140
Outreach Specialist II 160
Graphic Designer 170

GEOTECHNICAL
Soils Field Technician
(Prevailing Wage)
150
Soils/Field Technician
(Standard)
120
Senior Soils Field
Technician (standard)
130
Geotechnical Drafter 150
Engineer/Geologist 1 135
Engineer /Geologist 2 145
Engineer/Geologist 3 160
Project Engineer/
Geologist 1
170
Project Engineer/
Geologist 2
185
Project Engineer/
Geologist 3
200
Sr Engineer/Geologist 1 220
Sr Engineer/Geologist 2 235
Sr Engineer/Geologist 3 250
Supervising Engineer/
Geologist
260
Principal Engineer/
Geologist
280
Principal/Geotechnical 315

PROJECT ADMINISTRATION
Project Assistant 1 80
Project Assistant 2 90
Project Administrator 120
Sr Project Administrator 140

EQUIPMENT (GEOTECHNICAL)
Field vehicle usage
(geotechnical engineers/
geologists only)

0.85/
mile
Field vehicle usage
(geotechnical field services)
20/hr.

Sand Cone or Nuclear
Density Gauge
16/hr
Hand auger and soil
sampling equipment
70/day
BAT Permeameter 275/day
Double Ring Infiltrometer 250/day
Inclinometer data collection
system
400/day
Floor level manomenter 80/day
Infiltration test flowmeter 130/per
day-test
Per diem 300/day

REIMBURSABLES
Photo Copies
(B&W 8.5”x11”)

0.15/ea
Photo Copies
(B&W 11”x17”)

0.40/ea
Color Copies
(up to 8.5"x11")

2.00/ea
Color Copies
(to 11"x17")

3.00/ea
Compact Discs 10/ea
Large format copies 0.40 S.F.

MileageCompany Vehicle0.80/mile*
Mileage-POV 0.67/mile*
ƒ Current GSA POV mileage is subject to
change.
ƒ All ODCs and any other services
performed by subcontractors will be
billed at cost plus 10%.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 363 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - -31- TETRA TECH
Proposal for On-Call Civil Design
City of Santa Monica
Geotechnical Notes, Conditions, and Limitations
ƒ REGULAR HOURS: Fees for field technician's services are based on a standard 8-hour workday that is between 6:00 AM and 5:00PM Monday through Friday. Premium rates will be charged for work outside of these hours. ƒ OVERTIME RATES: Overtime rates of 1.35 times of the standard rates will be charged for the first 4 overtime hours on weekdays, and for the first 8 hours on Saturdays. Premium rates of 1.7 times of the standard rates will be charged for hours worked in excess of 12 hours on weekdays, 8 hours on Saturdays, and all hours worked on Sundays and holidays. ƒ SPECIAL SHIFTS: A surcharge of 50% will be added to personnel charges for personnel working during non-regular hours, e.g., night shift.
ƒ MINIMUM HOURS: For field inspection duration between 0 and 4 hours, 4 and 6 hours, and 6 and 8 hours, a minimum charge of 4 hours, 6, hours, and 8 hours, respectively, will be applied. ƒ CANCELLATIONS: A minimum of 24 hours notice is required to schedule or cancel field personnel. If less than 24 hours cancellation notice is provided, a show-up charge equivalent to 4 hours of work will be assessed. ƒ HAZARDOUS ENVIRONMENT: A minimum surcharge of 20% will be added to personnel charges for personnel working with hazardous materials or in hazardeous environments requiring Level C or better personal protection equipment. ƒ MARKUP: Cost plus 15% will be charged for requested materials and services not listed on the above schedule associated with geotechnical support..
ƒ RATE ADJUSTMENTS: Unless otherwise agreed upon, the rates will be adjusted to the then current prevailing rates on the anniversary date of the project contract
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 364 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Exhibit C
Insurance Requirements
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 365 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - 1 Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 366 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - 2 addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 367 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - 3 Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 368 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - 11 Holder Identifier : 7777777707070700077761616045571110776617006304557307553127673506210073641577147321120727154553067551207427140223661112074672261224277750755732703352667607205100253271130076727242035772000777777707000707007 7777777707070700073525677115456000733014517576056407621114524220035076244140203271330752277370212601107173232257132441074736632460375400743362364357600007167662357573050077756163351765540777777707000707007 Certificate No : 570111713669

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
03/27/2025
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.

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Safety National Casualty Corp 15105
INSURER B: Allied World Surplus Lines Insurance Co 24319 INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

Tetra Tech, Inc.
3475 E Foothill Boulevard
Pasadena CA 91107-6024 USA
COVERAGES CERTIFICATE NUMBER: 570111713669 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. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$10,000
$1,000,000
$2,000,000
$2,000,000
X, C, U Coverage
A GL6676804 10/01/2024 10/01/2025
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 A 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT (Ea accident)
CA 6676805

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
A 10/01/2024 10/01/2025 PER STATUTE
AOS
A PS4068969 10/01/2024 10/01/2025
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
LDC4068970
03120276 10/01/2024 10/01/2025 Each Claim
Prof/Poll-Claims Made Cov Aggregate $2,000,000
Environmental Contractors and
Prof
B
SIR applies per policy terms & conditions
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Stop Gap Coverage for the following States: OH, ND, WA, WY. RE: SP2721 - On-Call Civil Design. The City of Santa Monica, its officers, officials, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy as required by written contract. General Liability policy evidenced herein is Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions as required by written contract. A Waiver of Subrogation is granted in favor of the Certificate Holder in accordance with the policy provisions as required by written contract. Should General Liability, Automobile Liability, Professional Liability and Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions of each policy will govern how

CERTIFICATE HOLDER CANCELLATION
City of Santa Monica, Engineering & AUTHORIZED REPRESENTATIVE Street Services Division
Attn: Anastasia Kim
1685 Main Street, MS15
Santa Monica CA 90401 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 369 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - notice of cancellation may be delivered to certificate holders in accordance with the policy provisions. GL, Auto & WC - $250,000 deductible, Professional - $750,000 SIR.

FORM NUMBER: FORM TITLE:

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

ADDITIONAL REMARKS
EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER
Aon Risk Insurance Services West, Inc.

AGENCY NAMED INSURED
LOC #:

AGENCY CUSTOMER ID: 570000036654
© 2008 ACORD CORPORATION. All rights reserved.

See Certificate Number:

See Certificate Number:

The ACORD name and logo are registered marks of ACORD
570111713669
570111713669
ACORD 25 Certificate of Liability Insurance
Additional Description of Operations / Locations / Vehicles:

ACORD 101 (2008/01)
ADDITIONAL REMARKS SCHEDULE Page _ of _
Tetra Tech, Inc.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 370 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization as required by
written contract or agreement that is
executed prior to the loss.

All of your projects or locations.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but 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(s) at the location(s) designated
above.

However:

1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such
additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. 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

2. 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.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 371 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services -

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to Section
III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount
of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 372 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed
Operations
Any person or organization as required
by written contract or agreement that is
executed prior to the loss.

All of your projects or locations.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 373 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION – PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

As required by written contract or agreement that is executed prior to the loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued
a permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 374 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 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.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 375 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 24 17 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 17 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 CONTRACTUAL LIABILITY – RAILROADS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Scheduled Railroad:

As required by written contract or
agreement that is executed prior to the
loss.

Designated Job Site:

On or Within 50 feet of Railroad
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to operations performed for, or
affecting, a Scheduled Railroad at a Designated Job
Site, the definition of "insured contract" in the
Definitions section is replaced by the following:

9. "Insured Contract" means:
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 damage by fire to premises
while rented to you or temporarily occupied
by you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under
which you assume the tort liability of
another party to pay for "bodily injury"
or "property damage" to a third person
or organization. Tort liability means a
liability that would be imposed by law
in the absence of any contract or
agreement.

Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage;
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in Paragraph (1) above and supervisory,
inspection, architectural or engineering
activities.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 376 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):

All “construction projects” away from premises owned, rented or leased by the Named Insured(s). $4,000,000 per “project” with the maximum annual General Aggregate Limit for the policy term capped at $40,000,000.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I – Coverage A,
and for all medical expenses caused by
accidents under Section I – Coverage C, which
can be attributed only to ongoing operations at a
single designated construction project shown in
the Schedule above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for
the sum of all damages under Coverage A,
except damages because of "bodily injury" or
"property damage" included in the "productscompleted operations hazard", and for medical expenses under Coverage C
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".

3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations nor
shall they reduce any other Designated
Construction Project General Aggregate Limit
for any other designated construction project
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I – Coverage A,
and for all medical expenses caused by
accidents under Section I – Coverage C, which
cannot be attributed only to ongoing operations
at a single designated construction project
shown in the Schedule above:

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting
parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Section III – Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 378 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - POLICY NUMBER: GL 6676804 COMMERCIAL GENERAL LIABILITY
CG 25 04 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2

DESIGNATED LOCATION(S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Location(s): All locations you own, rent or occupy and as per schedule on file with the company. $4,000,000 per location with the maximum annual general aggregate limit for the policy term capped at $40,000,000.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I – Coverage A, and
for all medical expenses caused by accidents
under Section I – Coverage C, which can be
attributed only to operations at a single
designated "location" shown in the Schedule
above:

1. A separate Designated Location General
Aggregate Limit applies to each designated
"location", and that limit is equal to the amount
of the General Aggregate Limit shown in the
Declarations.

2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under Coverage A, except damages
because of "bodily injury" or "property
damage" included in the "products-completed
operations hazard", and for medical expenses
under Coverage C regardless of the number
of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Location General Aggregate Limit for that
designated "location". Such payments shall
not reduce the General Aggregate Limit shown
in the Declarations nor shall they reduce any
other Designated Location General Aggregate
Limit for any other designated "location"
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Location General
Aggregate Limit.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I – Coverage A, and
for all medical expenses caused by accidents
under Section I – Coverage C, which cannot be
attributed only to operations at a single
designated "location" shown in the Schedule
above:

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any
Designated Location General Aggregate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Location
General Aggregate Limit.

D. For the purposes of this endorsement, the
Definitions Section is amended by the addition of
the following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or
right-of-way of a railroad.

E. The provisions of Section III – Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 380 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. GL 6676804 Endorsement No.

Named Insured TETRA TECH, INC. Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
(Countersignature by the Broker or Agent shall only occur in the mailing states that require countersignature)
SNGL 047 0514 Safety National Casualty Corporation Page 1 of 1

SPECIAL NOTICE OF CANCELLATION SERVICE

PROVIDED TO IDENTIFIED THIRD PARTIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
CHANGE
The following new provision is added to A. Cancellation of the COMMON POLICY CONDITIONS or such other applicable state cancellation endorsement:

As a special service to you, if we cancel this policy for any reason other than non-payment of premium, within thirty (30) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

As a special service to you, if we cancel this policy for non-payment of premium, within ten (10) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

If we have been provided with an electronic address of such third parties, at our election we may send notice of cancellation to such third parties by electronic mail.

Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the policy cancellation date, negate the cancellation of the policy, nor confer any rights nor expectations upon the certificate holder nor subject us, our agents nor representatives to liability for failure to provide notice.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

4.A.r
Packet Pg. 381 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. CA 6676805 Endorsement No.

Named Insured TETRA TECH, INC. Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
(Countersignature by the Broker or Agent shall only occur in the mailing states that require countersignature)
SNCA 039 10 13 Safety National Casualty Corporation Page 1 of 1

SPECIAL NOTICE OF CANCELLATION SERVICE

PROVIDED TO IDENTIFIED THIRD PARTIES
This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART
CHANGE
The following new provision is added to A. Cancellation of the COMMON POLICY CONDITIONS or such other applicable state cancellation endorsement:

As a special service to you, if we cancel this policy for any reason other than non-payment of premium, within thirty (30) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

As a special service to you, if we cancel this policy for non-payment of premium, within ten (10) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

If we have been provided with an electronic address of such third parties, at our election we may send notice of cancellation to such third parties by electronic mail.

Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the policy cancellation date, negate the cancellation of the policy, nor confer any rights nor expectations upon the certificate holder nor subject us, our agents nor representatives to liability for failure to provide notice.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 382 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - THIS FORM APPLIES ONLY TO THE FOLLOWING STATE(S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE.

AL, AK, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA,

MI, MN, MS, MO, MT, NE, NV, NH, NM, NY, OK, PA, RI, SC, SD, UT, VT, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDC4068970 Endorsement No.

Insured TETRA TECH, INC. Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
WC 99 99 35 (07 12) Page 1 of 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 99 35

SPECIAL NOTICE OF CANCELLATION SERVICE

PROVIDED TO IDENTIFIED THIRD PARTIES ENDORSEMENT
As a special service to you, if we cancel this policy for any reason other than non-payment of premium, within thirty (30) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

As a special service to you, if we cancel this policy for non-payment of premium, within ten (10) days prior to the effective date of cancellation, we will mail a copy of such written notice of cancellation to all third persons whose name and address have, during the applicable policy period, been placed on file with us through your broker of record due to third party contractual requirements relating to such notice.

If we have been provided with an electronic address of such third parties, at our election we may send notice of cancellation to such third parties by electronic mail.

Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the policy cancellation date, negate the cancellation of the policy, nor confer any rights nor expectations upon the certificate holder nor subject us, our agents nor representatives to liability for failure to provide notice.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 383 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - AE 00025 00 (03/21)
ENDORSEMENT NO. 3

ADVICE OF CANCELLATION TO ENTITIES OTHER THAN

THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION
This Endorsement, effective at 12:01 a.m. on October 1, 2024, forms part of Policy No. 0312-0276
Issued to Tetra Tech, Inc.

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
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage Job Acknowledgment Form
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS
WHAT IS PREVAILING WAGE?
All workers employed on public works projects must be paid the prevailing wage determined by the Director of the California Department of Industrial Relations (DIR), according to the type of work and location of the project. California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project. Contractors/Consultants must comply with the prevailing wage requirements. A project must meet state prevailing wage requirements when it is twenty‐five thousand dollars ($25,000) or more when the project is for NEW construction work, or fifteen thousand dollars ($15,000) or more when the project is for alteration, demolition, repair, or maintenance work.

NOTE! For federally funded or assisted projects, Davis-Bacon requirements apply to contracts (including purchase orders) in excess of two thousand dollars ($2,000) for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.

WHAT MUST CONTACTORS/CONSULTANTS/VENDORS DO TO FOLLOW THE LAW? Contractors/Consultants and subcontractors/subconsultants which bid on and are awarded City of Santa Monica prevailing wage project must comply with four general labor compliance obligations:

1. Register as a Public Works Contractor with the Division of Labor Standards Enforcement (DIR)

2. Pay Prevailing Pages

3. Comply with Apprenticeship Standards

4. Mail Hard Copies of Certified Payroll Records and ancillary documents to the City’s prevailing wage consultant, GCAP Services, Inc. OR submit electronic payrolls via LCP Tracker© or equivalent certified payroll software, as approved by the City and upload payrolls electronically to DIR on a Weekly Basis

CONTRACTOR REGISTRATION
To submit a bid or work on a Prevailing Wage project, contractors and subcontractors are required to register with the Division of Labor Standards Enforcement even if you don’t have a contractor license. Registration cost is $400 and covers fiscal year July 1st through June 30th. Failure to register will result in a $2,000 penalty if the unregistered contractor:
• Bid on a public works project on or after March 1, 2015 • Was awarded a public works contract on or after April 1, 2015 or • Intentionally allowed registration to lapse while biding or working on a public works project Contractors must meet the following requirements to register:
• Have workers compensation coverage for any employees and only use subcontractors who are registered public works contractors.
• Have a Contractors State License Board license if applicable to trade. • Have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.
• Not be under federal or state debarment.
• Not be in prior violation of this registration requirement once it became effective. However, for the first violation in a 12‐month period, a contractor may still qualify for registration by paying an additional penalty.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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PAY PREVAILING WAGES
California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. The prevailing wage rate is issued by the Office of Policy, Research and Legislation twice a year, February 22nd and August 22nd. In determining what wage determination for the life of the project, the contractor shall refer to the advertised bid date the Awarding Body published the first “Notice Inviting Bids” or RFP Advertise Date which resulted in a contract being awarded. If the City did not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning public works elements of the project or contract governing the award of public funds will be utilized instead. Current and Superseded prevailing wage determinations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD  Contractors/Consultants must have required labor posters posted on the job site (or break area), where signs are made clearly available for employees to review.  Drivers performing both on‐site and off‐site hauling of materials either to or from a public works construction project must be paid the prevailing wage. Bona fide material suppliers are exempt from prevailing wage requirements.
 Workers who are required to report to the contractor’s office, yard, or other designated areas at the beginning and/or end of their shift shall be paid at the worker’s prevailing wage rate of pay for any travel time to and from the job site. This drive time shall be included when calculating any overtime due to the worker.
 Workers hauling and delivering ready‐mixed concrete for a public works contract shall be paid the current prevailing wage rate from the time they set out from the batch plant until they return to the batch plant. (California Labor Code § 1720.9)
 Fringe Benefits (Health & Welfare, Pension, & Vacation) must either be paid to the worker, or to the appropriate third‐party trust fund as part of a non‐union employee’s hourly wage rate. A completed Fringe Benefit Statement must be provided for each contractor/consultant & subcontractor/subconsultant employed on the project.
 Pay the corresponding “training” rate that appears on the Director’s Wage Determination for each craft or trade to the California Apprenticeship Council (CAC) or an approved DAS program.  Prime Contractors/Consultants are responsible for the proper insurance and compliance of ALL subcontractors, owner operators, vendors and suppliers who provide personnel to work at the job site.
 Representatives from the City of Santa Monica will monitor the job site and perform on‐site interviews with employees performing labor at any time during construction except during rest periods or meal breaks.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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APPRENTICESHIP STANDARDS
Apprentices are required on Public Works projects greater than $30,000 for any “apprenticeable craft”.

This is required under State Labor Code, California Labor Code §§ 1777.5.

Contractor’s/Consultant’s Responsibilities:
 Submit contract award information for each apprenticeable craft required on the project using the DAS 140 form prior to performing work. If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.  All apprentices working on City projects must be registered in either a State and/or Federally Approved Apprenticeship Program. See: https://www.dir.ca.gov/das/publicworks.html  If your company is not approved to train apprentices, you must send the DAS 140 to all of the applicable apprenticeship committees whose geographical area (County) of operation incudes the area of the public works projects. DAS approved Apprenticeship programs can be found by using the search engine on the DAS website. Those programs that are the result of that search may or may not be in the County in which the job is located but they have been approved by the DAS to receive the DAS140. In some cases, a program will have statewide approval or approval of a certain number of counties i.e. 12 Southern California Counties and DAS approval is based on County not a City.  Contractors/consultants who employ journeyman or apprentices in any “apprenticeable craft” must contribute to the California Apprenticeship Council (CAC) the amount reflected as the hourly “training” rate that appears on the Director’s wage determination, for each hour worked. A contractor is also entitled to take credit for such contributions made to a DAS approved apprenticeship program that can supply apprentices to the site of the public work. The training contribution is a distinct obligation of the contractor under the Labor Code and cannot be satisfied by paying the required hourly contribution directly to the employee.
 Contact the applicable apprenticeship committee to request apprentices for each apprenticeable craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before the apprentice is to report to the jobsite and it must be sent to the apprenticeship committees providing training in the applicable craft ortrade whose geographical area of operation includes the site of the public work. If the apprenticeship committee does not dispatch apprentices, the contractor must request apprentice dispatch from another committee in the geographical area of the site of the public work and must request dispatch from each committee either consecutively or simultaneously until the contractor has requested dispatches from each such committee in the geographical area.(www.dir.ca.gov/das/publicworks.html)  Employ apprentices in the correct ratio to journeyman of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. If the contractor agrees to be bound by the standards of an apprenticeship program, the ratio may be no higher than the ratio stipulated by the apprenticeship program. (California Labor Code §§ 1777.5 (d) and (g))  Provide worker’s compensation benefits to apprentices.  Proof of registration from California’s State Division of Apprenticeship Standards (DAS) for each apprentice must be maintained.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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APPRENTICESHIP STANDARDS (CONTINUED)
In the event Contractors/Consultants or Subcontractor/Subconsultant fails to comply with the obligation to hire apprentices or employ apprentices in the correct ratio, the City of Santa Monica will prepare an Apprenticeship complaint that will be filed with the DIR. The City will apply a withhold that is to be applied until the DIR’s ruling is received.

CERTIFIED PAYROLL REQUIREMENTS
Certified Payroll Records shall be submitted electronically through the DIR’s Online Certified Payroll System AND mail original HARD copies of the A‐1‐131 form or provide a form that includes ALL required information from the A‐1‐131 form weekly to: GCAP Services, Inc., Attn: Kim Morales, 3525 Hyland Avenue, Suite 140, Costa Mesa, CA 92626 OR Contractor may submit electronic payrolls via LCP Tracker after the contractor’s public works project has been setup in the LCP Tracker system by GCAP Services. Contractor payroll records are subject to review by the City of Santa Monica as outlined in California Labor Code §§ 1776 and 1812.
 Public Works Small Project Exemption is for contractors who work exclusively on small projects and are not required to be registered as public works contractors or file electronic certified payroll reports through the DIR’s online system. However, prevailing wages must still be paid on projects and contractors are still required to MAIL original HARD copies of the payroll weekly to GCAP Services at the address above. Small project exemption is based on the contract amount of the entire project, not a contractor’s subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed:
 $25,000 for new construction.
 $15,000 for maintenance, alteration, installation, demolition, or repair.  Payrolls shall be due weekly from the Prime Contractor/Consultants and ALL subcontractors/subconsultants, owner‐operators, vendors and suppliers who provide personnel to work at the job site.
 The payroll must be completed in its entirety, including the employee’s home address and socialsecurity number. Incomplete payrolls will not be accepted, and a progress payment withheld will be applied until acceptable payrolls are submitted.
 Statement of Non‐Performance is submitted in lieu of a certified payroll any/all weeks a contractor remains on the job but no work is performed, including on‐call/as‐needed contracts – see example Attachment 4.
 A Statement of Compliance must be completed and signed with each certified payroll record.  Authorized Signatory is to be completed and signed by an Owner, Officer or other person(s) with authority under penalty of perjury to so affirm, that the records for certified payroll are originals which truly depict fully and correctly the craft of type of work performed, hours and days worked and the amounts disbursed by way of check
 Fringe Benefit Statement for each trade utilized on the project must be updated prior to completing the first payroll by each contractor/consultant and each time fringe benefit rates change.  “OTHER” deductions, if any, including deductions for 401K, must be fully explained in writing and an authorization for the deductions must be signed by the employee and submitted with the first payroll on which the deduction is shown.
 Daily Reports are to be submitted for all days worked on site. The reports should contain names of employees, total hours worked and description of work performed on that given day.  Employee Itemized Check Stubs will be requested at random but no more than one employee per each month worked if no issues are discovered.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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CERTIFIED PAYROLL REQUIREMENTS (CONTINUED)
 The City conducts on‐going audits of certified payrolls and ancillary documents by requesting payroll records and ancillary documents during the course of the project. If these documents are not submitted to the City with the requested time frames, a withhold will be applied to your contract.  The City will email a monthly request for information via a “Issues List” (Attachment 1) to Prime Contractor/Consultants. The Prime Consultant has 10 days to submit requested information.  Owner/operators, sole proprietors, or business owners, must also submit certified payroll reports.  If your firm will use LCP Tracker© or equivalent certified payroll software (as approved by the City) a CD of the entire payrolls must be submitted to the City upon project completion.  Password and Login to LCP Tracker© or equivalent certified payroll software (as approved by the City) must be provided to the City’s Prevailing Wage Consultant.

REQUIRED PRE‐CONSTRUCTION CONFERENCE
The City of Santa Monica requires a mandatory pre‐construction conference with the Prime AND Sub‐ Contractors (Prime Consultants/Subconsultants) prior to the job start. This meeting can be conducted telephonically or in person. At this meeting the City’s Labor Compliance consultant will discussfederal and/or state labor law requirements applicable to the contract and will provide a packet of information containing templates for contractors use. The Prime Contractor/Consultant will be required to sign the Check List of Labor Law Requirements at the end of the conference, acknowledging that the City has provided the contractor with information regarding each federal and state requirement per Attachment 2.

SANCTIONS
 The City may withhold funds on progress payments due to the Prime for the failure to submit required reports and/or documents by the Prime or ANY of the subs on the job. The City’s Withhold Policy is Attachment 3.
 Contractors/Consultants violating the prevailing wage requirements are subject to a penalty of up to $200 per day for each worker paid less than the prevailing wage rate, in addition to having to restore the differences in wages paid. (California Labor Code § 1775)  Contractors/Consultants are also subject to a penalty of an additional $25 per day for each worker paid less than the prevailing wage rate for overtime work ‐‐ over 8 hours per day or more than 40 hours per week. (California Labor Code § 1813)
 In the event of an underpayment of wages, the Contractor/Consultant has 60 days to restitute those wages to the worker(s). If the Contractor/Consultant fails to pay the restitution within 60 days, liquidated damages in an amount equal to the unpaid wages will be assessed. Liquidated damages will be due the worker. (California Labor Code § 1742.1)  Failure to utilize apprentices as specified, or to provide proof that apprentices were requested and denied, may subject the contractor to a penalty of up to $100 for each calendar day that the contractor worked on the project. A contractor/consultant that commits a second or subsequent violation within a three‐year period may be subject to a penalty of up to $300 for each calendar day that the contractor/consultant worked on the project. (California Labor Code §1777.7)  Failure to submit Certified Payroll Records within requested time receipt of a written request will be subject to a penalty of $100 per calendar day per employee until strict compliance is effectuated. (California Labor Code §§ 1776 and 1777.1).

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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PREVAILING WAGE JOB ACKNOWLEDGMENT FORM
 A Prevailing Wage Job Notice and Acknowledgment Form (Exhibit 5) must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form.  If any adjustments are made to the project including, but not limited to, the addition, substitution, or removal of Subcontractor(s) the City requires the submission of an updated Prevailing Wage Job Notice and Acknowledgement Form. Addition of any New Subcontractor(s) will be subject to approval by the City’s Labor Compliance Consultant. New subcontractors/subconsultants cannot come onto City jobs unless a Prevailing Wage Job Notice and Acknowledgment Form has been submitted and approved. Forthe addition, substitution, orremoval of any Subcontractor(s),the City may require a written request by the Prime Contractor, which will be subject to written approval by the Project Manager.

PREVAILING WAGE RESOURCES
Division of Labor Standards Enforcement (DLSE)‐ Laws and Regulations https://www.dir.ca.gov/dlse/dlseLaws.html
Certified Payroll Reporting https://www.dir.ca.gov/Public‐ Works/Certified‐Payroll‐Reporting.html Contractor Registration https://www.dir.ca.gov/Public‐Works/PublicWorksSB854FAQ.html DIR Contact Information https://www.dir.ca.gov/Public‐
Works/ContactUs.htm
Division of Apprenticeship Standards ‐ Public Works Information https://www.dir.ca.gov/DAS/PublicWorksForms.htm
State of California, Division of Labor Standards Enforcement, Public Works Manual http://www.dir.ca.gov/dlse/PWManualCombined.pdf
Prevailing Wage Determinations
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CITY OF SANTA MONICA PREVAILING WAGE STAFF
For questions on Prevailing Wage in the City of Santa Monica, please contact Kim Morales at (714) 406-5467, [email protected]

ATTACHMENTS
Attachment 1: Check List of Labor Law Requirements
Attachment 2: City of Santa Monica’s Labor Compliance Withhold Policy‐ Construction Contracts Attachment 3: City of Santa Monica’s Labor Compliance Withhold Policy‐ Professional Services Attachment 4: City of Santa Monica Prevailing Wage Job Acknowledgment Form Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage ‐ Attachment 1

CHECKLIST OF LABOR LAW REQUIREMENTS
Appendix A
City of Santa Monica (Enter Department Name) (Project Name) Project# (Enter Number)
The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following:

1. Payment of Prevailing Wage Rates
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors pursuant to Labor Code section 1770 et seq.

The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes, which may occur during the term of the contract.

Prevailing wage rates and rate changes are to be posted at the job site for workers to view.

2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects pursuant to Labor Code section 1777.5.

3. Penalties
Penalties, including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit accurate certified payroll records upon request, failure to employ apprentices, and for failure to pay employees for all hours worked at the correct prevailing wage rate, in accordance with Labor Code sections 1775, 1776, 1777.7, and 1813.

4. Certified Payroll Records
Pursuant to Labor Code section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works
Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request.

Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the certified payroll record shall be annotated “No Work” for that week. All non‐redacted certified payrolls should be sent to:

GCAP Services Inc., Labor Compliance
(City of Santa Monica)
3525 Hyland Avenue, Suite 140
Costa Mesa, CA 92626
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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5. Nondiscrimination in Employment
Prohibitions against employment discrimination are contained in Labor Code sections 1735 and 1777.6; the Government Code; the Public Contracts Code; and Title VII of the Civil Rights Act of 1964, as amended.

6. Kickback Prohibited
Pursuant to Labor Code section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting “kickback” from employee wages.

7. Acceptance of Fees Prohibited
Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work (Labor Code section 1779); or for filling work orders on public works contracts (Labor Code section 1780).

8. Listing of Subcontractors
Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one‐half of one percent of the total effort (Public Contract Code section 4104.).

9. Proper Licensing
Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed (Labor Code section 1021 and Business and Professions Code section 7000, et seq. under California Contractors License Law).

10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition (Business and Professions Code sections 17200‐17208).

11. Workers’ Compensation Insurance
All contractors and subcontractors are required to be insured against liability for workers’ compensation, or to undertake self‐insurance in accordance with the provisions of Labor Code sections 3700 and 1861.

12. OSHA
Contractors and subcontractors are required to comply with the Occupational Safety and Health laws and regulations applicable to the particular public works project.

13. Prohibition against hiring undocumented workers
Federal law prohibits contractors and subcontractors from hiring undocumented workers and requires all contractors and subcontractors to secure proof of eligibility/citizenship from all workers.

14. Itemized wage statements
Contractors and subcontractors are required to provide itemized wage statements to employees pursuant to Labor Code section 226.

The undersigned contractor hereby acknowledges that the City has provided the contractor with information regarding each item listed above. In accordance with federal and state laws, and with City’s policy and contract documents, the undersigned contractor herein certifies that it will comply with the Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

For the Contractor: For the City of Santa Monica:

Signature Date Signature Date
Title
Organization
Project
E‐Mail
12/12/2024
Jason Fussel, Vice President Tetra Tech, Inc. On-Call Civil Design SP2721 [email protected] Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage‐ Attachment 2 (Page 1 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage‐ Attachment 2 (Page 2 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage ‐ Attachment 3 (Page 1 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants)
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Prevailing Wage ‐ Attachment 3 (Page 2 of 2)
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants) Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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PrevailingWage ‐ Attachment 4
Prevailing Wage Job Acknowledgment Form
First Page for Prime Contractors/Consultants/Vendors
Second page for Subcontractors/Subconsultants
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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For City of Santa Monica Internal Use Only
Approved By: _______________________________ Date: ________________ Prevailing Wage Job Acknowledgement Form
Prime Contractor/Consultant/Vendor
A Prevailing Wage Job Notice and Acknowledgement Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

Project Name: SP Number or Bid No:

Bid Advertised Date: Federal Wage Determination:

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgement form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working, onsite contractor must submit revised Prevailing Wage Job Acknowledgement form with updated classifications.

Please indicate all classifications your company plan to use:
# Craft Group Number/Trade
Classification
Determination
Number
Issue Date Number
of Staff
Apprenticeable?
Y/N
By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: __________________________________________________________________ Email Address: __________________________________________ Phone Number: ____________________ Contractor State License Board Number (CSLB):________________ PWC Registration Number: _________________ Name of Apprenticeship Program affiliated with (if any): __________________________________________________ Officer/Prevailing Wage Contact: _________________________________________________ Date: ____________ Print Name and Title: __________________________________________________________ Email: ________________________________________________ N/A - to be completed at time of Task Order submittal
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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For City of Santa Monica Internal Use Only
Approved By: _______________________________ Date: ________________ Prevailing Wage Job Acknowledgement Form
Sub-Contractor/Sub-Consultant/Vendor
A Prevailing Wage Job Notice and Acknowledgement Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

Project Name: SP Number or Bid No:

Name of Prime Contractors/Consultant Working For:

Bid Advertised Date: Federal Wage Determination:

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgement form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working, onsite contractor must submit revised Prevailing Wage Job Acknowledgement form with updated classifications.

Please indicate all classifications your company plan to use:
# Craft Group Number/Trade
Classification
Determination
Number
Issue Date Number
of Staff
Apprenticeable?
Y/N
By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: __________________________________________________________________ Email Address: __________________________________________ Phone Number: ____________________ Contractor State License Board Number (CSLB):________________ PWC Registration Number: _________________ Name of Apprenticeship Program affiliated with (if any): __________________________________________________ Officer/Prevailing Wage Contact: _________________________________________________ Date: ____________ Print Name and Title: __________________________________________________________ Email: ________________________________________________ N/A - to be completed at time of Task Order submittal
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Levine Act Disclosure Form
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 402 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ N/A ✔ Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

N/A N/A N/A 12/12/2024 Jason Fussel Vice President Tetra Tech, Inc.

Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 404 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Page 2 ends

• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 407 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Exhibit F
Bidding Addenda & Q&A
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Engineering & Street Services Division
On-Call Civil Design
SP2721
Addendum Number 1
RFP Document
11/14/2024
All references are from the Request for Proposals for the On-Call Civil Design – SP2721 dated 10/30/2024.

This addendum is hereby made a part of the Request for Proposals document and modifies the original document. Proposer shall acknowledge receipt of addendum on their Proposal via OpenGov Procurement (https://procurement.opengov.com/portal/santamonica-ca) in the Addenda Section.

General Information

1.1 REVISED THE REQUEST FOR PROPOSAL AND FORMS
The Request for Proposal Form has been updated to clarify that the Oaks Initiative and Living Wage submittal forms are required, and now includes a revised proposal due date.

RFP Section III.B.6 Cost Proposal is also updated.

1.2 REVISED PROPOSAL DUE DATE
The Proposal Due Date is extended to 3:00PM on 12/06/2024.

Your acceptance of this addendum must be acknowledged via OpenGov Procurement (https://procurement.opengov.com/portal/santa-monica-ca) in the Addenda Section on or before RFP DUE 3:00PM on 12/6/2024.
____________________________________________
Alex Nazarchuk, P.E.

City Engineer
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 409 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Public Works Department
Engineering & Street Services Division
On-Call Civil Design
SP2721
Addendum Number 2
RFP Document
11/26/2024
All references are from the Request for Proposals for the On-Call Civil Design – SP2721 dated 10/30/2024.

This addendum is hereby made a part of the Request for Proposals document and modifies the original document. Proposer shall acknowledge receipt of addendum on their Proposal via OpenGov Procurement (https://procurement.opengov.com/portal/santamonica-ca) in the Addenda Section.

General Information

2.1 REVISED THE REQUEST FOR PROPOSAL FORM
The Request for Proposal Form, Section I. Introduction, has been updated to provide additional information regarding the preparation of engineering calculations related to street lighting and electrical systems.

2.2 REVISED PROPOSAL DUE DATE
The Proposal Due Date is extended to 3:00PM on 12/12/2024.

Your acceptance of this addendum must be acknowledged via OpenGov Procurement (https://procurement.opengov.com/portal/santa-monica-ca) in the Addenda Section on or before 3:00PM on 12/12/2024.
____________________________________________
Alex Nazarchuk, P.E.

City Engineer
Robert Zak, P.E. for
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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Packet Pg. 410 Attachment: TetraTech_11702_ASA_FULLYEXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - City of Santa Monica
Engineering & Street Services
Alex Nazarchuk, City Engineer
1685 Main Street, Santa Monica, CA 90401

QUESTION & ANSWER REPORT
Request For Proposal - On-Call Civil Design

Page 1 ends

QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design
RESPONSE DEADLINE: December 12, 2024 at 3:00 pm
Tuesday, February 11, 2025
Approved, Answers Provided

1. Deadline extension
Oct 30, 2024 4:00 PM
Question: Due to staff availability with the upcoming holiday, will the City kindly consider a deadline extension? Thank you!
Oct 30, 2024 4:00 PM
Answered by Anastasia Kim: The RFP submittal date has been updated, please refer to Addendum #1 for more information.

Nov 14, 2024 3:21 PM

2. Submittal of Forms
Nov 5, 2024 2:19 PM
Question: Are the forms that are part of the questionnaire meant to be included in the RFP/RFQ form submittal, in addition to being uploladed individually? Nov 5, 2024 2:19 PM
Answered by Anastasia Kim: No, the forms included in the vendor questionnaire should be uploaded individually.

Nov 14, 2024 3:21 PM

3. Proposal Contact
Nov 5, 2024 2:21 PM
Question: Is there a person that the proposal/cover letter (with physical address) should be addressed to?
Nov 5, 2024 2:21 PM
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

Page 2 ends

Answered by Anastasia Kim: You can address the proposal/cover letter to the City of Santa Monica, Jonathan Maldonado, Civil Engineering Associate; 1685 Main Street, MS15, Santa Monica, CA 90401; [email protected], 310-458-2201
Nov 14, 2024 3:21 PM

4. Discrepancy Regarding Forms
Nov 5, 2024 6:59 PM
Question: Page 4 of the RFP document indicates that the Oaks Initiative Disclosure Form and the Living Wage Certification are not required, unless the proposer is selected. However, the online questionnaire shows (with asterisks) that both are required to be uploaded for submittal. Which situation is correct? If these forms aren't required at the submittal stage, will not uploading them impact the proposer's ability to submit the proposal package through the website?
Nov 5, 2024 6:59 PM
Answered by Anastasia Kim: The Oaks Initiative Disclosure Form will be required, the RFP document has been updated to eliminate any conflicting language.

Nov 14, 2024 3:21 PM

5. Payment Bond
Nov 6, 2024 12:54 PM
Question: Will Payment Bond be required from us at any time? Nov 6, 2024 12:54 PM
Answered by Anastasia Kim: No, payment bonds are not required for Professional Service Agreements.

Nov 14, 2024 3:21 PM

6. Forms
Nov 7, 2024 9:06 AM
Question: The links to forms in the file "On_Call_Design.pdf" do not work. What forms, if any are required? Can the city upload them for us to download?
Nov 7, 2024 9:06 AM
Answered by Anastasia Kim: Please refer to city's procurement webpage, OpenGov, Project Documents Tab, section 6 - Attachments and section 7 - Vendor Questionnaire for the required forms.

Nov 14, 2024 3:21 PM
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

Page 3 ends

7. Land Surveying Services
Nov 7, 2024 11:39 AM
Question: Should land surveying services be included in the proposal or will design surveys be provided when necessary?
Nov 7, 2024 11:39 AM
Answered by Anastasia Kim: For the purpose of this submittal, land surveying services do not need to be included. Depending on the task order request, the consultant may need to engage a surveyor to perform design surveys, as the City may not always provide them.

Nov 14, 2024 3:21 PM

8. Blended Hourly Rates
Nov 11, 2024 9:48 AM
Question: On page 10, item 6, of the RFP, the City requests “a blended hourly rate for staff typically assigned to an on-call civil design contract.” We feel the range of work is too broad to provide an accurate blended hourly rate to the City. Can the City provide a work level ratio so we can provide an accurate blended rate?
Nov 11, 2024 9:48 AM
Answered by Anastasia Kim: The RFP form has been updated to provide additional information regarding assumed scope of work, please refer to Addendum #1 and RFP Section III.B.6 Cost Proposal for more information.

Nov 14, 2024 3:21 PM

9. No subject
Nov 13, 2024 9:28 AM
Question: Does the proposal need to include all civil discipline categories? Nov 13, 2024 9:28 AM
Answered by Anastasia Kim: The civil disciplines provided, should align with the specific project types listed on page 2 of the RFP.

Nov 14, 2024 3:21 PM

10. RFP links to documents do not work.

Nov 13, 2024 10:30 AM
Question: Please provide downloadable documents within the RFP. They cannot be accessed from the PDF. They are listed below. - Living Wage FY24-25.pdf - Oaks Initiative Disclosure - Oaks Initiative - Example.pdf - Non-collusion Declaration.pdf - Subcontractor List fillable - Levine Act Disclosure Form Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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QUESTION & ANSWER REPORT
RFP No. SP2721
On-Call Civil Design

Page 4 ends

Nov 13, 2024 10:30 AM
Answered by Anastasia Kim: Please refer to city's procurement webpage, OpenGov, Project Documents Tab, section 7 - Vendor Questionnaire for the required forms.

Nov 14, 2024 3:21 PM

11. No subject
Nov 13, 2024 1:44 PM
Question: Given that this RFP is for an on-call contract, how does the City want us to respond to the breakdown of hours request? Are we able to just submit a rate schedule instead? Nov 13, 2024 1:44 PM
Answered by Anastasia Kim: The RFP form has been updated to provide additional information regarding assumed scope of work, please refer to Addendum #1 and RFP Section III.B.6 Cost Proposal for more information.

Nov 14, 2024 3:21 PM

12. No subject
Nov 13, 2024 2:52 PM
Question: 1. We understand that City is anticipating the consultant(s) to provide the on-call services as listed on page 3 of the RFP. Can the consultant provide selected services only or are the consultant anticipated to provide all the services listed? 2. For the proposal content related to “Project Work Plan”, is the consultant anticipated to provide the general approach regarding the response to Task Order Request and the subsequent actions? Or the City anticipates the tailored work plan for the individual services identified on page 3. 3. For the “Cost Proposal”, is a single blended hourly rate for each of the different services anticipated? Or an average blended rate for all the potential services combined? Additionally, for hourly fee schedule, is the consultant anticipated to submit the rate schedule for various engineering classifications or the rate schedule for each individual who would be assigned to the task orders? 4. Can we ask for 2-week extension for the proposal due date? Nov 13, 2024 2:52 PM
Answered by Anastasia Kim: "1.The consultant should be able to provide the services listed on page 3 of the RFP. Please note that the selected consultants will submit additional project materials as needed, per the introduction section of the RFP. 2.Yes, the consultant should provide a general approach for the Project Work Plan as it relates to a Task Order Request, given that projects within the task order will vary. 3.The RFP form has been updated to include additional information regarding the assumed scope of work for the Cost Proposal. 4.The submittal date has been updated; please refer to Addendum #1 for more information."
Nov 14, 2024 3:21 PM
Docusign Envelope ID: 958E7C59-D7AD-4E05-AB07-E568E7EE5E70

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4.A.s
Packet Pg. 422 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 






 



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4.A.s
Packet Pg. 435 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 436 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 437 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 438 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 439 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 440 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 





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4.A.s
Packet Pg. 441 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1)  









 


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4.A.s
Packet Pg. 442 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1)  


 



 



 







 

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4.A.s
Packet Pg. 443 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1)  







 











   








  

 

 



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Packet Pg. 444 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 




 
 
 












 





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4.A.s
Packet Pg. 445 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 










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4.A.s
Packet Pg. 446 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 447 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 448 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 449 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 450 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 451 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 452 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 453 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 454 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 455 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 

 

 

4.A.s
Packet Pg. 456 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 

 

 

4.A.s
Packet Pg. 457 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 

 

 

4.A.s
Packet Pg. 458 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 

 

 

4.A.s
Packet Pg. 459 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 



 



4.A.s
Packet Pg. 460 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 









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4.A.s
Packet Pg. 461 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) 









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Packet Pg. 477 Attachment: Stantec _11703_ASA_EXECUTED (7813 : On-call Civil Engineering Design, Surveying Services , Transportation Services - Mod 1) City Council
Report
City Council Meeting: September 22, 2026
Agenda Item: 4.B
1 of 6
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Second Modification to Agreement with AG Coast, Inc., dba California Panther Security, for Unarmed Security Guard Services at the Annenberg Community Beach House for the Recreation and Arts Department Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to enter into a Second Modification of Agreement #11120 (CCS) with AG Coast Inc. dba California Panther Security to continue 24/7 unarmed security guard service at the Annenberg Community Beach House for the Recreation and Arts Department in an amount equal to $159,000 resulting in a new not-to-exceed contract total of $1,403,268 through March 31, 2027.

Summary
The Annenberg Community Beach House (“Beach House”) has contracted with a security vendor since opening its doors in April 2009. Governing documents for the Beach House site, including the Statement of Official Action and Annenberg Community Beach House Operations Plan, require the City of Santa Monica (“City”) to provide onsite, unarmed security personnel, year-round.

AG Coast Inc. dba California Panther Security (“Panther”) is the current security service contractor at the Beach House. The City and Panther wish to enter into the Second Modification of Agreement #11120 (“Second Modification”) to extend Panther’s service term on a month-to-month, as-needed basis through March 31, 2027, and increase funds accordingly. This temporary extension will ensure that crucial security coverage is

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maintained at the Beach House while adequate time is given to complete RFB #4516 (currently in the evaluation phase), execute a new contract, and onboard the contractor.

Discussion
Bid #4399 for unarmed security service at the Beach House was awarded to Panther on December 23, 2020. Subsequently, the City and Panther entered into Agreement #11120 (CCS) (“Original Agreement”) through January 14, 2026 (Attachment A).

Unforeseen delays with the scope development for the competitive bidding process for the next security service contract necessitated the First Modification to Panther’s contract with the City. On January 15, 2026, the City and Panther entered into the First Modification to Agreement #11120 (CCS) (Attachment B), to extend the length of the contract through September 30, 2026, increase funds by $215,000.00 for a new not-toexceed contract total of $1,244,268.00, and prevent a lapse in required security coverage while a new solicitation was issued. The First Modification of Agreement #11120 (CCS) was approved on February 10, 2026, as an exception to the competitive bidding process (ECB# 341).

Staff now seeks City Council approval to enter into the Second Modification of Agreement #11120 to continue service on a month-to-month, as-needed basis through March 31, 2027, and increase contract authority by an additional $159,000.00 for a new not-to-exceed total of $1,403,268. RFB #4516 is in the final evaluation phase but will unlikely be awarded, executed, and fully onboarded prior to the expiration of Panther’s agreement on September 30, 2026. The Second Modification will ensure uninterrupted 24/7 security coverage at the Beach House while allowing for adequate time to complete the award RFB #4516, execute the new contract, and onboard the new contractor.

Site History and Security Needs
The Beach House sits on a five-acre parcel of Santa Monica State Beach, developed by William Randolph Hearst for actress Marion Davies in the 1920s. Originally known as the Marion Davies Estate, it later became an oceanfront luxury hotel, then a private

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beach club. In partnership with the Annenberg Foundation and California State Parks, the City opened the site as a public beach facility known as the Annenberg Community Beach House on April 25, 2009. The Beach House is a unique community destination and is open to all. The site combines elements of the historic Marion Davies Estate with beach, recreation and cultural amenities and demonstrates the City’s commitment to community-responsive programming, quality visitor services, and a high level of maintenance and security.

In the interest of public safety and site protection, security guard service at the Beach House is mandatory and guided by requirements specified in the Statement of Official Action (Attachment C) approved by City Council on May 25, 2006, and the Annenberg Community Beach House Operations Plan (Attachment D). In accordance with these governing documents, the City is required to have security personnel on site to monitor the site year-round, even during holidays when the site is closed to the public.

Security personnel at the Beach House are responsible for ensuring the safety of employees and visitors, and ensuring facilities and infrastructure remain secure and protected from trespassing, vandalism, illegal and inappropriate behavior, and suspicious activities. Additional security duties include:
• Providing regular roaming patrols day and night, including checking in at electronic stations throughout the site.
• Securing vehicle entrances to the Beach House parking lots and external doors. • Staffing property when City staff may not be present, such as nights and holidays, to monitor access; maintain a high visibility presence; and take appropriate measures to prevent trespassing, damage, or theft of Beach House property.
• Assisting City personnel, including fire and police, as necessary by providing perimeter access control and traffic direction or by acting as site liaison. • Enforcing rules and providing support to Beach House staff when hired for permitted private events that may involve alcohol, be youth-focused, or are attended by high-visibility individuals.

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• Observing and reporting suspicious activity.

Environmental Review
The contract modification is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will provide the City with continued security coverage at the Beach House. Therefore, it can be seen with certainty that the proposed modification would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

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Past Council Actions
Meeting Date Description
12/15/20
(Staff Report, Attachment
E)
Original bid and award of Agreement #11120 to
Panther for unarmed security service at the Beach
House through January 14, 2026.
02/10/26
(Staff Report, Attachment
F)
First Modification to Agreement #11120 with
Panther to extend existing service and increase
funds to cover the period of January 15, 2026,
through September 30, 2026.

Financial Impacts and Budget Actions
The cumulative contract value, including the Original Agreement, First Modification, and Second Modification, is $1,403,268.00. Under the Procurement Policy, contract value is cumulative for purposes of determining applicable approval authority and procurement requirements. Staff seeks authority to approve available funding from the Beach Fund to increase the amount of Agreement #11120 with California Panther Security to continue 24/7 unarmed security guard services at the Annenberg Community Beach House.

Contract Modification Request
Original
Agreement
Current
Authorized
Amount
Second
Modification
(FY 26-27) Account #
Total Revised
Contract Amount
11120 $1,244,268 $159,000 11430001.550010 $ 1,403,268
Prepared By: Melissa Zak, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. A. CSA 11120 (CCS) 12.23.20
B. B. CSA 11120 (CCS) First Mod 01.15.26
C. C. STOA 05.25.06
D. D. ACBH Operations Plan

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E. E. Staff Report 12.15.20 Item 3.C
F. F. Staff Report 02.10.26 Item 4.K
G. G. OAKS INITIATIVE FORM 08.19.26
H. H. Levine Disclosure 02.03.26

4.B
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- 1 -
Contract No. 11120 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and A.G COAST INC dba CALIFORNIA PANTHER SECURITY (“CONTRACTOR”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. CONTRACTOR is qualified to do business, and is doing business, in the State of California. CONTRACTOR represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.

C. The City and CONTRACTOR desire to enter into an agreement for the CONTRACTOR to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on January 14, 2026, unless sooner terminated in accordance with Section 14.

2. CONTRACTOR Services. CONTRACTOR will perform all of the services (“Services”) described in Exhibit A, Scope of Services. CONTRACTOR will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to CONTRACTOR any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly examine and render findings on all documents submitted for staff review by CONTRACTOR.

4. Compensation. The City will compensate CONTRACTOR for the Services performed in an amount not to exceed $193,868 for the first one-year term commencing on the Execution Date, for a total not to exceed $1,029,268, as set forth in Exhibit B.

5. Invoices. CONTRACTOR will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020

4.B.a
Packet Pg. 484 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) - 2 -

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

Annenberg Community Beach House
City of Santa Monica
415 Pacific Coast Highway
Santa Monica, California 90402
Attention: Nan Friedman
Re: Contract No. 11120 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11120 (CCS)

6.2 All notices, demands, requests or approvals to CONTRACTOR:

A.G COAST INC dba CALIFORNIA PANTHER SECURITY
5777 W. Century Boulevard, Suite 1601
Los Angeles, CA 90045
Attention: Moe Galal
[email protected]
Re: Contract No. 11120 (CCS)

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and CONTRACTOR, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, CONTRACTOR must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 485 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) - 3 -
arise from or in connection with the performance of the Services by CONTRACTOR or CONTRACTOR’s agents, representatives, employees or subconsultants for the duration of this Agreement. CONTRACTOR must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of CONTRACTOR, or CONTRACTOR’s employees, agents, officers, and subconsultants. CONTRACTOR’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of CONTRACTOR, its employees, agents or officers, or subconsultants; provided, however, that CONTRACTOR’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding CONTRACTOR’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from CONTRACTOR, if City chooses to do so.

10.2 Enforcement Costs. CONTRACTOR agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

11.1 CONTRACTOR may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR or of any general partner or joint venturer or syndicate member of CONTRACTOR, if a partnership or joint venture or syndicate exists, which results in changing the control of CONTRACTOR, will be construed as an assignment of this Agreement.

Control means 50% or more of the voting power of the corporation.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 486 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) - 4 -

12. Permits and Licenses. CONTRACTOR, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If CONTRACTOR fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to CONTRACTOR.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to CONTRACTOR. Upon termination of this Agreement, City will pay CONTRACTOR any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. CONTRACTOR must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.

16. Discrimination. CONTRACTOR may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. CONTRACTOR may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Records.

18.1 CONTRACTOR must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. CONTRACTOR must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 CONTRACTOR must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. CONTRACTOR must clearly identify all records and make them readily accessible to the City. At the City’s request, CONTRACTOR must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 487 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) - 5 -

18.3 CONTRACTOR must allow the City to have free access to CONTRACTOR’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit CONTRACTOR’s records, and CONTRACTOR agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by CONTRACTOR, CONTRACTOR agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by CONTRACTOR or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by CONTRACTOR or any subconsultant pursuant to this Agreement may be made available to any individual or organization by CONTRACTOR without prior written approval by City.

19.2 At the City’s request, CONTRACTOR must furnish reports concerning the status of the Services.

20. Standard of Care. CONTRACTOR agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of CONTRACTOR’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If CONTRACTOR proposes to have any subconsultant perform any part of the Services, CONTRACTOR must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

21.2 CONTRACTOR will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CONTRACTOR and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11120 (CCS) entered into between the City of Santa Monica and CALIFORNIA PANTHER SECURITY
on^^____________________.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020

4.B.a
Packet Pg. 488 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) - 6 -

23. Venue and Jurisdiction. The City and CONTRACTOR agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager

CALIFORNIA PANTHER SECURITY
Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Interim City Attorney
George Cardona
12/23/2020
Moe Galal
CPS
Vice President
12/23/2020
12/23/2020
Lane Dilg
City Clerk Interim City Manager
Denise Anderson-Warren
12/24/2020

4.B.a
Packet Pg. 489 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Exhibit A
Scope of Services
As a public space, the Beach House wishes to provide a safe, secure environment in and around its respective facilities for its patrons and employees, and to safeguard the property. Security officers are required, seven days per week.

The Beach House requires nighttime security services with a combined maximum total of 24 hours per day. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.
• Regular shifts are 5:30PM – 5:30AM and 7:30PM – 7:30AM • The 5:30PM-5:30AM shift may be adjusted depending on day light hours or other site needs
The Beach House will pay a maximum of 24 hours per day, unless otherwise specified by Beach House Venue Manager or designee. The Beach House Venue Manager or designee will specify any schedule changes, additional hours or additional security officers.

Facility Hours – subject to change
• Parking Lot: Opens daily at 7:00AM, and may close at 7:00PM, 8:00PM or 9:00PM, depending on the season.
• Guest Services: Opens daily from 8:30AM to 5:30PM (hours may vary in the summer season and weekends during the fall, winter and spring) • Event Services: Events may start as early as 7:00AM and end at 10:00PM (MondayFriday) or 11:00PM (Saturday-Sunday) with vendors leaving one hour past event end times
• Custodial Services: Custodians are onsite daily from 6:00AM to 1:00AM Holidays
The Beach House is open on most holidays and requires regular security services. On holidays such as Christmas, Thanksgiving and New Year when the facility is closed to the public, 24-hour security coverage is required. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required for holidays. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.

Contractor must meet or exceed the following requirements:

A. Employee Recruitment, Screening and Licensing

1. Contractor shall provide appropriately equipped and trained security personnel, with background and qualifications completed according to City-specified eligibility criteria, in such numbers as are required by the City.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 490 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

2. Contractor shall identify contractor’s principals, including, but not limited to, the individual responsible for managing day-to-day business operations and provide written qualifications, or resume, for each.

3. All security personnel are required to meet certain qualifications and standards regarding background, training, experience and health as established in this section. All security officers assigned to the Beach House must:
a. Be a graduate of a state certified Security Officer/Guard training program and possess current, valid Consumer Affairs guard cards b. Be a United States citizen or have certifications of Permanent Residence Status and the right to work from the immigration and Naturalization Service.
c. Be fully literate in the English language (i.e., able to read, write, speak and understand clearly), including, but not limited to being able to read and understand all post orders, Beach House policies and procedures, and posted warning/danger signs of potential hazards and safety instructions and properly writing reports and maintaining a daily activity log; an oral command of English sufficient to permit effective communication even in times of stress.
d. Carry evidence of certificates and permits required by the contract. e. Meet and deal tactfully with government personnel, facility employees and the general public; have the ability to understand, explain, interpret and apply rules, regulations, directives and procedures.
f. Possess poise, self–confidence and an ability to make sound decisions and react quickly under stressful conditions.
g. Be able to learn and adapt to changing situations and accept/respond to instructions and direction.
h. Possess either a high school diploma or a General Equivalency Diploma and have 2 years of prior security experience or have worked in a related field. i. Be able to stand on their feet for extended periods of time, maneuver stairs and other physically demanding terrain at the site as regular duties.

4. Background Checks/Pre-employment Screening/Drug Screening a. Contractor shall certify in writing that it regularly conducts background checks and medical (physical) examinations on all personnel that assigned to the Beach House to ensure they meet the minimum requirements set forth in this Scope of Work.
b. Contractor shall also have an anti-drug policy in place that is at least as comprehensive as the City’s current policies. At a minimum, drug screens shall include testing of urine samples for marijuana, amphetamines, methamphetamines, cocaine and opiates.
c. Evidence of procedures for background checks and of bidder’s anti-drug policy must be provided to the Beach Manager or designee prior to the Contractor’s execution of this Agreement.
d. All background checks must be consistent with California requirements for private security services. The City reserves the right, in its discretion, to disqualify from duty at the Beach House those security officers with records of acts constituting grounds for dismissal, removal or denial of a license under DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 491 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) State law, including, but not limited to, those delineated in Sections 7587.1 or 7587.4 of the Business and Professions Code.
e. All such background checks and medical (physical) examinations shall be at Contractor’s expense, shall ensure that all security officers meet the minimum requirements set forth in this Scope of Services, and shall comply with all applicable laws.

5. Licensing and Permits
a. Contractor must be licensed and experienced in performing in this Scope of Services and must provide evidence of current licensing and permits as required by local, State and Federal regulations in providing such services including, but not limited to, a California Private Patrol Operator’s License issued by the Department of Consumer Affairs.
b. Contractor and its employees must possess all licenses, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. Contractor is responsible for ensuring that any security officer working at the Beach House is properly licensed under California law.
c. Contractor’s security officers must be registered and must have a valid guard registration card in their possession while on duty. Guard registration cards must be presented to the Beach House upon request. If Contractor’s security officer is unable to present his/her guard registration card upon demand, he/she must be relieved from duty and Contractor must provide a security officer who has appropriate credentials in his/her possession. d. Contractor must also maintain all required business and professional licenses and permits required by law for accomplishing any work required in connection with this Contract, at no cost to the Beach House.

B. Physical Demands
The security services to be performed by security officers requires frequent and prolonged walking, standing sitting and some running. At times, security officers may be required to subdue violent or potentially violent people. Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position. Any individual who cannot meet the requirements of a security officer, including inability discovered through on-the-job performance, shall not be qualified to work at this location. Those individuals deemed to be unqualified or inappropriate for the position must be removed and replaced within two (2) days of being notified in writing of dissatisfaction from the Beach House.

C. Training Requirements and Job Function

1. Contractor shall ensure that all security personnel receive training in order that the City may be assured that said personnel are capable of assuming the responsibilities of their assignment.

2. Before Contractor provides security services under this Agreement, Contractor shall be responsible for ensuring all security personnel are trained as provided in this Scope of Services, at contractor’s sole expense.

3. Contractor must ensure all security officers have, at a minimum 24 hours, nonbillable on-the-job training. In addition, prior to providing security services under this Agreement, security officers shall be trained in the following areas:

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 492 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) • Security Officer instruction as mandated by the State of California • Patrol Procedures
• Observation and Incident Reporting
• Security Awareness
• Legal Aspects of Private Security
• Security Officer Conduct
• Principles of Communications
• Principles of Access Control
• Principles of Safeguarding Information
• Emergency Response Procedures
• Life Safety Awareness
• Workplace Violence
• Sexual Harassment
• Discrimination
• Diversity
• Conflict Resolution Awareness (i.e. unruly citizens, dealing with difficult and hostile people, etc.)
• Parking Lot Security
• Terrorism (Recognition, Response, and Recovery)
• Responding to Bomb Threats
• Responding to Natural Disasters
• Heat Illness Prevention and Response

4. Contractor and its security personnel must fully implement Beach House safety & security procedures and policies in the Handbook for Security Vendors that is provided by Beach House Manager or designee.

DUTIES OF SECURITY OFFICERS FOR SITE PATROL
• Patrol Beach House grounds individually. Each security officer will be assigned specific areas of responsibility.
• Maintain a high visibility presence to deter illegal and inappropriate behavior and suspicious activities.
• Enforce Beach House policies. Notify persons of rule infractions or violations, and if necessary, request that violators leave the premises. Contact Santa Monica Police Department (SMPD) as necessary.
• Monitor Beach House and patrol site with Contractor-provided guard tours software system.
• Monitor Beach House parking lots and implement Beach House parking restrictions. Notify City staff and/or City’s Parking Enforcement of parking violations when necessary.
• Investigate unusual or suspicious activities on premises or on adjacent public thoroughfares.
• Take appropriate measures to prevent trespassing, damage or theft of Beach House property.
• Report property damage or unauthorized removal of Beach House property. • Interact in a professional manner with the public. Answer routine questions and provide directions to visitors and vendors to various areas of the Beach House.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 493 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) • Submit to Supervisor accurate, reports detailing any occurrences and unusual incidents/accidents during each shift. Supervisor is responsible for relaying such reports to Beach House manager or designee.
• Report to Supervisor any damage, breakage or missing equipment supplied by Beach House to Security vendor.
• Ensure all gates and external doors are locked after normal operating hours. • Assist City of Santa Monica personnel, fire and law enforcement as necessary by providing perimeter access control, traffic direction or by acting as a site liaison. • Escort Beach House staff to or from their vehicles as requested and provide general assistance whenever possible.
• Install security chain and bollards at night to close parking lot; reopen the parking lot in the morning and remove the bollards for storage. • Perform additional security-related duties, as assigned.

DUTIES OF OFFICERS FOR PRIVATE EVENT SECURITY
Private events at the Beach House may include, but are not limited to: weddings, bar/bat mitzvahs, proms, corporate meetings, receptions, holiday parties, pool parties, birthday parties, baby showers, banquet/award presentations, and fundraisers. These events may have guests as few as 25 and as many as 500. Event Services will determine number of security officers needed for each event, and may assist in ensuring that private event clients pay Contractor directly for security services provided by Contractor. Contractor must have capability to accept checks and credit card payments from private event clients.

In addition to regular site duties expected from site patrol officers, event security officers must also:
• Enforce Beach House event rules pertaining to smoking and alcoholic beverages.

Notify attendees of violations, and coordinate with Beach House staff as necessary.
• Enforce rules set by private event client (i.e., no youth on the beach/sand after sunset, physical presence at parent drop-off location). • Provide presence during pre-event, event and post-event. • Primarily provide security presence on the exteriors of the building. May be asked to provide security indoors.
• Ensure that only invited guests (not the general public) enter private event space. • Ensure safety of all private event guests.
• Provide directions for multiple events.
• Provide direct support to event services, custodial services and guest services. • Assist event coordinator with maintaining appropriate sound levels from DJs or musicians.
• Report incidents to the Beach House event coordinator and assist the event services team with incident reports (if they are a witness) • Report property damage to the event services team.

D. Uniforms and Standards of Appearance

1. All security personnel must wear the same color and style or type of uniform, accessories and equipment while on duty.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 494 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

2. Contractor employees must maintain professional appearance at all times. For example, but not limited to: clean, pressed uniforms; neatly groomed; and hat worn straight (not backwards, or off to the side).

3. Contractor shall propose uniform type, style and color. Uniforms must be of a professional nature and photos should be included with the proposal for approval by the Beach House. Uniforms shall be given to Contractor employees in sufficient quantity by the Contractor and shall ensure that all security officers assigned to the Beach House comply with basic appearance standards to include:
a. All security officers must be in complete uniform, neat in appearance, with uniforms clean, pressed and correctly fitted, and shoes shined. b. Assigned personnel shall not “accessorize” their uniforms and must wear their shirts tucked inside their slacks.
c. Personnel must display a professional appearance in uniform and hygiene by ensuring uniforms comply with the following requirements:
i. Uniform jackets ({1} heavy winter jacket and {1} summer wind breaker), with SECURITY on the back of jacket
ii. Uniform hat with SECURITY printed on the front and
include Contractor’s logo
iii. Uniform shirts with badge and common logo in a visible location
iv. High Visibility Rainwear with SECURITY on the back
(issued to Security Officer or must be available at post) v. Flashlight holder and flashlight (rechargeable durable quality flashlights or better)
vi. Security badge
vii. Shoulder patches displaying the Contractor’s logo
viii. Name tag with Security Officer’s first initial and last name

4. Contractor employee photo identification (ID) card must have employee name in front, no smaller than a font size of 18 with last name, first name, and middle initial, if any.

5. Contractor employees shall not be assigned to work at Beach House without being issued the uniform as described above.

6. Wrist watches, medical or identification bracelets, rings, and earrings are the only items of jewelry or ornaments authorized to be exposed when in uniform and on duty.

7. No jewelry shall be worn in such a manner as to present a safety hazard to the individual, or a distraction of professional appearance. Only post type of earrings shall be worn. Facial piercings and/or gauge type earrings are not allowed to be worn by security officers or supervisors.

8. No visible tattoos shall be permitted.

9. Security personnel shall not possess, display, or use firearms, explosives, or other dangerous weapons, including night sticks (batons), handcuffs, knives, saps DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 495 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) (clubs), brass knuckles, stun gun, taser, mace or oleoresin capsicum (pepper spray) while on duty. This includes but is not limited to, the employee’s vehicle, locker, and while on Beach House property.

E. Instructions Manual and Post Orders and Temporary Post Orders

1. Prior to providing security services under this Agreement, Contractor shall provide written Post Orders documenting site/security station/position specific operational instructions that assigned security officers must follow while providing security services. Such procedures must be created with input from, and approved by, the Beach House Manager or designee. All assigned security officers must read and execute a statement that provides that they read and understood the Post Orders, as issued from time to time, as part of their on-going training.

2. In addition, Contractor shall ensure that all security officers have an updated copy of Post Orders according to the following:
a. Post Orders, including Temporary Post Orders, must contain duty instructions, safety instructions, and emergency instructions. Post Orders are subject to change by the Beach Manager or designee.
b. Contractor is responsible for writing and updating (quarterly or as necessary) the Post Orders and providing electronic copies to the Beach House Manager or designee.
c. Temporary Post Orders are temporary instructions issued by Beach House Manager or designee.

F. Security Officer Tour Verification System/Officer’s Schedule

1. Contractor must supply, at Contractor’s sole expense, a security officer tour verification report system for the Beach House facility.

2. Contractor employees shall be responsible for recording rounds using the tour verification system.

3. Contractor must set the patrol points at the Beach House in coordination with Beach House Manager or designee.

G. Removal of Security Officers by the Beach House
The Beach House reserves the right to require the Contractor to remove any security personnel from further duty at the Beach House. If the Beach House requires the removal of any security personnel from duty, the Beach House shall make reasonable efforts to provide the Contractor its reasoning for the removal demand. However, failure to provide such reasoning by the Beach House shall not be grounds for the Contractor to challenge such removal. Upon receiving a request for removal, the Contractor must immediately remove and replace an individual security employee.

Such requests may be submitted in writing, via email, in person or by telephone.

H. Equipment Provided by the Beach House
Security Office - Beach House shall provide a room which serves as a security station.

Communications – Beach House shall provide the appropriate number of two-way radios to be used by the Security Officers.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 496 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) I. Contractor’s Responsibilities

1. Contractor shall be responsible for the development, design, coordination and supervision of all services provided under this Agreement. These activities include, but shall not be limited to, the following:
a. Evaluating, recruiting, screening, supervising, and training of personnel. b. Evaluating and providing adequate field supervision to ensure security officers arrive at assigned post on time, fit for duty, in proper uniform, and properly trained and oriented and perform their duties throughout their assigned shift, and provide backup as needed during all required hours. c. Maintaining adequate staffing to ensure that Beach House has the required number of security officers on site at all times. All security officers assigned to Beach House, even those filling in, shall meet all the requirements of this Agreement.
d. Requiring security officers to carry a cellular telephone (whether provided by the Contractor or not) on their person at all time to give them the ability to summon law enforcement when necessary.
e. Providing security service for the days and hours specified. Any security officer unable to work his/her shift must be replaced by Contractor before the start of the shift. No overtime shall be charged to Beach House.

Contractor must replace any post that is left vacant unexpectedly within thirty (30) minutes and not charge for time not worked. Any discrepancies to the agreed hours over 15 minutes must be reported to the Beach House Manager or designee.
f. Providing an additional security officer when required for special events, which shall be billed at the applicable private event hourly rate as identified in the Budget, Exhibit B.
g. Maintaining a 24-hour communication center 365 days a year for Contractor’s security personnel and Beach House staff to contact in the event of an emergency. Contractor’s communication center phones must be immediately answered and staffed at 24/7, 365 days a year. h. The Contractor may receive Beach House owned equipment; which may include keys, electronic card keys to the building, various offices, gates, etc., as required to perform security services. Contractor shall be responsible for any and all expenses related to any Beach House owned equipment replacement where Contractor’s personnel were negligent in handling or safeguarding the equipment and will be responsible for door re-keying costs should Contractor’s security personnel lose keys. Contractor shall also be responsible for any and all expenses related to the replacement of lost electronic cardkeys.

2. Equipment/Personal Equipment/Visits
a. Contractor shall ensure that at no time shall assigned contract personnel use or tamper with Beach House telephones, computers, or other equipment for non-Beach House or personal business without Contractor receiving prior approval by the Beach House Manager or designee. Unauthorized use of any Beach House equipment may be reason for the City to request Contractor remove the security officer from Beach House assignment.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 497 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) b. Contractor shall ensure security personnel are always diligent, vigilant, alert, focused on their duties, and not engaged in any activity that distracts them from their responsibilities as a security officer.
c. Contractor shall ensure security personnel display a professional image at all times while on duty. Consistent with this is the expectation that security officers must be alert to their surroundings at all times while on duty and shall not be engaged in any activity that distracts them d. Contractor shall ensure security personnel do not smoke while in performance of their duties.

J. Security Officer’s Log
Contractor shall maintain a Security Officer’s Log for security officers to record a written incident report for all incidents that occur at the Beach House. Incidents include any activity that may be cause for concern, including disturbances or matters that interfered or may interfere with Beach House operations, as determined and identified in the Post Orders. The manner and timing of reporting for all incidents to the Beach House Manager or designee shall also be specified in the Post Orders.

Contractor shall maintain a Security Officer’s Log as required below:

1. Maintain a chronological Security Officer’s Log at security station

2. Do not remove the Security Officer’s Log from the station

3. All report entries must be completed honestly, accurately, and in response to an activity

4. Ensure that the Security Officer’s Logs contain, at least the following minimum information:
• The Security Officer’s name;
• The times the Security Officer begins and concludes their shift; • An inspection by the Contractor’s supervisors;
• Descriptions of any suspicious persons loitering near the facility; • Description of any acts of vandalism or intrusion;
• A report of any event where law enforcement, fire department or other public safety officials are contacted;
• A description of any other events which the Security Officer may wish to note.

K. Account Manager/Supervisor; Reporting
Contractor must submit reports, compiling and disseminating statistical data for such items as incident reports and other statistical information as requested by Beach House, and must schedule periodic meetings with key Beach House staff.

Contractor shall provide telephone number(s) for Account Manager/Supervisors, and Executive Staff and designees, where he/she can be reached twenty-four (24) hours a day and shall call back within fifteen (15) minutes of originating call. The assigned Account Manager/Supervisor is responsible for interfacing with Beach House Management.

L. Transition Plan
Prior to commencing services under this Agreement, the Contractor shall submit a thirty (30) transition plan for implementation. This plan shall include, at a minimum, tasks, time frames, and procedures for a cold start transition. The plan DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 498 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) will identify the personnel that will be assigned to the transition team with current contact information, telephone numbers and email addresses.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 499 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Exhibit B
Budget
CONTRACTOR shall be compensated a total amount not to exceed $194,000 for services rendered for the first one-year term, which commences on the Execution Date of this Agreement.

Total estimated expenditure for the five-year term is not to exceed $1,029,268, allocated below. Annual increases are 3 percent, on the same terms and conditions.

Total - Site Patrol Only
(to be paid by the City)
Regular RateHourly Holiday RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-
01/14/2022 $ 21.37 $ 32.05 $ 193,867.20
Period 2: 01/15/2022-
01/14/2023 $ 22.01 $ 33.01 $ 199,683.22 3%
annual
increase
Period 3: 01/15/2023-
01/14/2024 $ 22.67 $ 34.00 $ 205,673.71 3%
annual
increase
Period 4: 01/15/2024-
01/14/2025 $ 23.35 $ 35.02 $ 211,843.92 3%
annual
increase
Period 5: 01/15/2025-
01/14/2026 $ 24.05 $ 36.07 $ 218,199.24 3%
annual
increase
Grand Total $1,029,267.29
CONTRACTOR shall bill private event clients directly for private event security staff services and provided in the Scope of Services, Exhibit A.

Total - Private Events
(to be paid by the event clients)
Regular RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-01/14/2022 $ 21.37 $ 10,257.60
Period 2: 01/15/2022-01/14/2023 $ 22.01 $ 10,565.33 3% annual increase Period 3: 01/15/2023-01/14/2024 $ 22.67 $ 10,882.29 3% annual increase Period 4: 01/15/2024-01/14/2025 $ 23.35 $ 11,208.76 3% annual increase Period 5: 01/15/2025-01/14/2026 $ 24.05 $ 11,545.02 3% annual increase Grand Total $ 54,458.99
Number of Hours -
Annual Estimate*
Regular Holiday Private Events
8640 288 480
*Actual number of hours may vary depending on Beach House needs DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 500 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 501 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 502 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.B.a
Packet Pg. 503 Attachment: A. CSA 11120 (CCS) 12.23.20 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) 1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 11120 (CCS)
This First Modification of Agreement Number 11120 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and AG COAST INC dba CALIFORNIA PANTHER SECURITY (”PANTHER”) is made with reference to the following:

RECITALS
A. On or about December 23, 2020, the City and PANTHER entered into Agreement Number 11120 (CCS) for unarmed security guard services at the Annenberg Community Beach House (“Original Agreement”).

B. The Original Agreement expires on January 14, 2026.

C. The City and PANTHER desire to modify the Original Agreement to extend the agreement term, increase the agreement price to pay for the extended services, and include a rate increase.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Section 1 of the Original Agreement entitled “Term” shall be modified by adding the following paragraph:

Extension Term. The extension of this Agreement begins on January 15, 2026 and terminates on March 31, 2026, with the option to continue on a month-to-month basis through September 30, 2026. The month-to-month extension period may be terminable by the City on fifteen (15) days prior written notice.

2. Section 2 of the Original Agreement entitled “CONTRACTOR Services” shall be modified by adding the following paragraph:

Extension of Services. During the Extension Term, PANTHER will perform all services (“Services”) described in Exhibit A, Scope of Services of the Original Agreement. Between January 15, 2026, and the termination date, PANTHER will complete the Services in accordance with Exhibit B1, Budget.

3. Section 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph:

Compensation. The City will compensate Panther for the Additional Services in an amount not to exceed two hundred and fifteen thousand dollars ($215,000.00), as set forth in Exhibit B-1. The total agreement price for services pursuant to the Original Agreement and this First Modification shall not exceed one million, two hundred forty-four thousand, two hundred sixty-eight dollars ($1,244,268).

Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A 1/21/2026

4.B.b
Packet Pg. 504 Attachment: B. CSA 11120 (CCS) First Mod 01.15.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) 2 Rev. October 2023

4. Exhibit B-1 is attached hereto incorporated herein by this reference.

5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A Interim City Attorney
1/15/2026

HEIDI VON TONGELN
Moe Galal
Vice President
1/15/2026
CPS
1/21/2026
City Manager
Interim City Clerk Oliver Chi
1/27/2026
Denise Anderson-Warren

4.B.b
Packet Pg. 505 Attachment: B. CSA 11120 (CCS) First Mod 01.15.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Exhibit B-1
Budget
Contract Extension
January 15 – March 31, 2026
Month Average Monthly Rate*
January $ 15,000.00
February $ 25,000.00
March $ 25,000.00
Total $ 65,000.00
Month-to-Month Options
As needed through September 30, 2026
Month Average Monthly Rate*
Cumulative Month-to-Month
Spend
April $ 25,000.00 $ 25,000.00
May $ 25,000.00 $ 50,000.00
June $ 25,000.00 $ 75,000.00
July $ 25,000.00 $ 100,000.00
August $ 25,000.00 $ 125,000.00
September $ 25,000.00 $ 150,000.00
The total expenditure for the Contract Extension ($65,000.00) and Month-to-Month Options (up to $150,000.00) shall not exceed $215,000.00.
*All monthly rates shown are averages. Actual monthly rates will vary slightly based on the number of calendar days and holidays in each month. Rates are based on the 24-hour presence of one security guard per shift with no overlap.

Panther Hourly Rates
Regular hourly rate: $33.75 per guard
Holiday hourly rate: $50.62 per guard
Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A

4.B.b
Packet Pg. 506 Attachment: B. CSA 11120 (CCS) First Mod 01.15.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Schedule & Cost:

Location:

Annenberg Community Beach House
415 Pacific Coast Hwy, Santa Monica, CA 90402
Start Date: 1/15/2026
Sevice hours 24/7
Service Length: TBD March or April and month to month after Unarmed Guard Rate:

A.G. Coast, Inc./California Panther Security will adhere to your insurance requirements.

Overtime is billed at time and one- half per hour (if it applies) All National Recognized Holidays will be billed as time and a half.

Minimum of 4 hours for any additional requests.

We believe good Strategic planning and communication will create a careful deployment schedule, making for a very cost-effective, workable schedule and savings.

Please visit our website at www.capanther.com for additional information. Should you have any questions please feel free to contact me at your earliest convenience.

Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A

4.B.b
Packet Pg. 507 Attachment: B. CSA 11120 (CCS) First Mod 01.15.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 508 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 509 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 510 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 511 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 512 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 514 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 515 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 516 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 517 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 518 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 519 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 520 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 521 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 522 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 523 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 524 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 525 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 526 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 527 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 528 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 529 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

4.B.c
Packet Pg. 530 Attachment: C. STOA 05.25.06 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Operations Plan
Presented to the Annenberg Foundation
by the City of Santa Monica
February 20, 2009

4.B.d
Packet Pg. 531 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Operations Plan
Revised March 24, 2009
Table of Contents
Site Overview 1
Hours of Operation 3
Community Recreation 4
Cultural and Interpretative Programs 5
Concessions 6
Private Rentals 7
Reservations and Fees 10
Marketing 12
Parking and Transportation 13
Site Accessibility 17
Staffing Plan 18
Maintenance 20
Security 21
Sustainability 21
Settlement Agreement Conditions 23
Exhibits 24
1-Settlement Agreement
2-State Operating Agreement
3-Interpretative Master Plan
4-Graphic Standards

4.B.d
Packet Pg. 532 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
1 Site Overview
Located at 415 Pacific Coast Highway in Santa Monica, the Annenberg Community Beach House sits on a magnificent five-acre parcel of Santa Monica State Beach. This property, originally developed by William Randolph Hearst for actress Marion Davies in the 1920s, has a vibrant and uniquely Californian history including life as the estate of a Hollywood movie star, the posh Oceanhouse hotel, the private Sand and Sea Club, and a public facility known simply as 415 PCH.

The Beach House provides the
public with a rare opportunity to
enjoy a quintessential Southern
California beach experience in an
unparalleled historic oceanfront
setting. In the summer and other
peak use periods, the Beach
House promotes “A Great Day at
the Beach” by providing
traditional beach amenities and
services such as showers,
changing rooms, take-out and
café-style food service, beach
equipment rental, as well as
access to the historic swimming
pool, children‟s play areas, and
sand areas for beach volleyball,
tennis and picnicking. The winter months will focus on more contemplative pursuits such as indoor retreats, meetings, social functions and cultural programs as well as continued access to the sand, gardens and beach café.

In accordance with the City‟s 1998 Re-Use Plan, the goal of the Beach House is to provide an exciting public community space that:

Creates a community-oriented destination
Provides public recreational activities
Increases public access to the beach
Creates a range of uses
Encourages diverse users
Provides for year-round use
Links to the regional open space network
Preserves the history of the site
Encourages a “light touch” on the site
Event and Pool Houses at dusk

4.B.d
Packet Pg. 533 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan 2
Site Map

4.B.d
Packet Pg. 534 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
3 Hours of Operation
Peak use Periods
Maximum public use of the Beach House will occur during peak use periods when Santa Monica‟s weather is optimal. The anticipated peak use periods are:

Weekends: May and September
Daily: June, July and August
Anticipated public access hours during peak use periods are:

Parking
Lot
Guest
Services
Office
Pool incl.

Changing
Rooms
Garden
Terrace incl.

Splash Pad
View Deck
(Public Hours)
Beach
Café
Beach
Concession
Open 8:00 AM 8:30 AM 10 AM 8:30 AM 8:30 AM 6:00 PM 8:00 AM 9:00 AM Close Sunset* 6:00 PM 6:00 PM Sunset* 10:00 AM Sunset Sunset 5:00 PM *Except for Special Events
The Marion Davies Guest House will host cultural programs and docent tours on a scheduled basis. The Event House will be reserved for City cultural programs, youth camps, and limited private use rentals.

Non-Peak Use Periods
During non-peak use periods, the areas west of the Beach Walk will be open daily for the public‟s enjoyment. Other areas will prioritize private, revenue-generating events and more limited public activities such as pool use for a specified number of warm weather-activated days as well as access to garden areas when they are not booked for private events. The anticipated non-peak public use periods are:

Weekdays: May and September
Daily: October - April
Anticipated use hours during non-peak periods are:

Parking
Lot
Guest
Services
Office
Pool incl.

Changing
Rooms
Garden
Terrace incl.

Splash Pad
View Deck
(Public Hours)
Beach
Café
Beach
Concession**
Open 8:00 AM 8:30 AM None 8:30 AM 8:30 AM 8:00 AM 10:00 AM Close Sunset* 5:30 PM None Sunset* Sunset* Sunset 3:00 PM *Except for Special Events
** Weekends only

4.B.d
Packet Pg. 535 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
4 Community Recreation
A majority of the site is available free to the public year-round for typical beach recreation – “A Great Day at the Beach.” Recreational facilities include gardens, beach boardwalks, children‟s play areas, and beach volleyball and beach tennis courts. When the pool is not open, the View Deck is available to the public free of charge. Priority access to the Splash Pad by those using the pool may be established once use patterns become apparent. The six beach volleyball and tennis courts are available on a first come, first served basis free of charge. During peak use periods, three of these courts also are available by 3-day advance reservation for a fee.

Recreational Swim
The pool will be available primarily for recreational swimming during peak use periods.

A Pool Pass set at affordable rates provides unlimited, all-day access to the holder for use of the pool and the pool deck, showers and lockers, and the View Deck. A Family Pass is also offered at a discounted rate. A specified number of Pool Passes are available by reservation up to three days in advance. Pool operations are staffed by the Community and Cultural Services Department, Community Programs Division.

Pool Dollar Days
To promote the Pool Pass as well as to ensure that lower-income families will have the opportunity to participate, a discounted entry of $1 per person will be piloted during the inaugural summer, probably every Monday during the summer period. Dollar Day entries will be available to those entering the pool between 10 a.m. and noon and they will then be available to enjoy a full day there. Fees for later entries will not be discounted. Reservations will not be available on those dates.

Lap Swim
Based on community input, there may be adequate demand for a cost-covering lap swim option on summer weekday mornings from 8:30 to 10 a.m. It is estimated that the pool could accommodate approximately 16 swimmers at a time. Because lifeguard hours have not been budgeted for this option, an early morning lap swim program would need to be cost-covering. Accordingly an advance purchase system would be needed to ensure the receipt of adequate Pool Pass fees to cover direct lifeguard costs. Staff will continue to assess demand and the feasibility of providing this either during the inaugural season or in the future.

Private Pool Rental
The pool and deck will be available for rent outside of normal public hours, September through May.

4.B.d
Packet Pg. 536 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
5 Community Classes
During peak periods, informal, drop-in fitness and recreational classes will be scheduled based on visitor interest and demand. During non-peak seasons, classes may be offered over multiple weeks and provide more in-depth learning opportunities and activities. At all times of the year, programming will be targeted to the wide variety of youth, adults, and seniors expected to visit the Beach House.

Youth camps
The Club Room in the Event House will serve as the home base for City Youth Day Camps. These visits will be integrated into the day camp‟s overall program and curriculum and will afford opportunities for education about the history of the beach and the Beach House as well as to study contemporary issues related to the beach environment.

Cultural and Interpretative Programs
Cultural programs reflecting the site‟s three main interpretive themes will be scheduled throughout the year and may include docent-led tours, intimate concerts or performances, silent film screenings, culturally-oriented talks or lectures, and changing installations and exhibits. Various physical platforms have been designed into the Beach House site to accommodate changing exhibitions and the various “houses” onsite (i.e. the Guest House, Event House and its gallery, and the Pool House) will serve as a backdrop for a roster of cultural offerings to be developed by the City‟s Cultural Affairs Division in partnership with local non-profit organizations and other City departments.

Interpretative Themes
Three overarching themes will guide site interpretation.

Three Remarkable Individuals: William Randolph Hearst, Marion Davies, and Julia Morgan shaped the site‟s historical legacy.

A Beach Like No Other: The Southern California beach occupies a unique place within the physical and cultural landscape of America.

A Public Place Henceforth: The site of the Beach House has seen an evolution from private ownership to public management and ownership leading to today's universal access.

An Interpretative Master Plan (see the attached exhibit) has been developed to be implemented over time. Elements of the plan include:

An interactive electronic guest book rich with historic postcards and photographs.

A display of historic photos in the Guest House.

A multi-faceted installation at the south entry to the Beach House that provides a site overview and a glimpse of all the interpretative element and themes.

Audio tours available by phone or podcast.

A viewfinder that allows the viewer to see the site through time.

4.B.d
Packet Pg. 537 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
6 An evocative installation of the Marion Davies era in the Guest House dining room.

Website with additional content and stories.

Docent Tours
The City will partner with the Santa Monica Conservancy to develop and implement docent-guided interpretive tours that complement the site‟s three primary interpretive themes. Utilizing up to 100 volunteer docents, the Conservancy will provide approximately two tours per day during peak use periods, depending on demand. The Conservancy will be responsible for recruiting and training all volunteers. Daily tours will be free and open to the public. A fee may be charged for private tours or tours provided as part of a private rental.

Visitor Center
During peak use periods, the Marion Davies Guest House will be staffed by docents to provide visitor information about the site, Santa Monica and Santa Monica State Beach, and the Santa Monica Mountains National Recreation Area. Many of the site‟s interpretive design elements will be showcased in the Guest House and available to the public free of charge.

Concessions
The site is serviced by one concessionaire, Back on the Beach Food Company, Inc.

This concessionaire provides sit-down and take-away food service from the beach café, and beach equipment rentals and retail sales from the concession building. The concessionaire may provide catering services for private rentals on site. Additional goods and services such as mobile food carts, pool-side orders and delivery, or Marion Davies Guest House tea service may be provided upon written authorization by the City.

At a minimum, the concessionaire is required to provide the following services:

Plan, fund, and install all trade furnishings, fixtures, and equipment necessary for all concession facilities including the beach café and beach concession building to ensure first-class facilities;
Equip and maintain high-quality, sit-down food service at the beach café; Equip and maintain high-quality, take-away food service; Make available high-quality catering services for special events and meetings on site. Note: the right to cater at the Beach House is not exclusive to the concessionaire.

Promote healthy and sustainable food practices such as serving healthy, locally, and sustainably grown, organic foods, and organic ingredients whenever possible.

Use recycled products that, at a minimum, are consistent with existing City regulations and modified as necessary to meet future regulations.

Equip and maintain high-quality, beach-related equipment for rent and related items for sale at the beach concession building such as chairs, umbrellas, and boogie

4.B.d
Packet Pg. 538 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
7 boards, and various sundries that provide for the health, safety, and convenience of visitors.

Meet all health and safety codes, rules, and regulations as required.

Contract Terms
The term of the Back on the Beach Food Company concession contract is ten years commencing December 1, 2008.

The rent is $100,000 per year or 10% of annual gross receipts, whichever is greater.

The minimum annual rent of $100,000 per year shall be adjusted for changes in the Consumer Price Index beginning with fiscal year 2009/10 and continuing every second fiscal year thereafter (e.g. FY 2011/12, FY 2013/14).

During fiscal year 2008/09, the minimum annual rent is waived and only ten percent of gross sales will be due to account for start-up delays and other operational issues.

Private Rentals
During non-peak periods, specific Beach House facilities will be available for private rental for meetings and social functions as well as commercial filming. Rooms in the historic Marion Davies Guest House, the Event House, and Pool House, as well as the adjacent gardens and the pool deck, offer a wide variety of both small and large, and formal and informal gathering spaces. A summary of facilities follows:

4.B.d
Packet Pg. 539 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
8 Room
Square
Footage
Event House
All 3,590
Garden Terrace Room 1,978
Terrace Lounge 733
Club Room 879
All plus Garden Terrace 12,620
North House
All 2,089
The Parlor 703
Veranda Room South 368
Veranda Room North 366
Retreat Room 1 231
Retreat Room 2 206
Retreat Room 3 214
2nd Floor, All 1,386
Pool House
All 4,370
Sand and Sea Room 1,860
View Deck 1,670
Pool Deck 840
The Patio 1,974
Whole Site 22,474
Marketing and Sales
Marketing and sales initially will be provided by a marketing contractor. It is likely the Beach House will have an initial flood of interest, but a sales manager may be necessary to develop the full revenue potential of the facility following the public‟s initial curiosity and interest. The consultant will work with the City to assess current and emerging market segments and implement sales strategies. Initial marketing efforts will focus on the local market and early visitors to the Beach House, and will utilize partnerships with the Santa Monica Convention and Visitors Bureau and local hotels.

Booking
Private rental bookings and event coordination initially will be provided by City staff.

Rentals will be based on booking policies developed by the Department of Community and Cultural Services. Discounted use of facilities by non-profit organizations will be offered for available facilities after an initial full-price booking period. Venues may be rented weekdays between 8 am and 11 pm and weekends between 8 am and midnight (inclusive of set-up, break-down, and clean-up). All events must conclude no later than one hour prior to closing. The parking lot will be closed by 11 pm weekdays and midnight weekends.

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Packet Pg. 540 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
9 The private rental schedule will conform to the restrictions and transportation and parking requirements outlined in Exhibit 1, Settlement Agreement. In general, private rentals will be available as summarized below.

Facility Peak Season Shoulder Season Low Season
Pool House Limited Private Use Limited Private Use Priority Use Event House Limited Private Use Priority Private Use,
Weekdays
Priority Use
Guest House Limited Private Use Priority Private Use,
Weekdays
Priority Use
Rental Rates
Rental rates will be established based on market conditions and comparable venues.

Preliminary rental rates are summarized below. These rates are subject to change based on market fluctuations.

Meetings
Room
Half Day
(5 hours)
Full Day
(9 hours)
2 hours
min
Event House
All 3,590 240 $ 2,500 $ 4,000 $ 400
Garden Terrace Room 1,978 132 $ 1,500 $ 2,500 $ 250
Terrace Lounge 733 49 $ 350 $ 700 $ 200
Club Room 879 59 $ 250 $ 500 $ 250
All plus Garden Terrace 12,620 240 $ 3,500 $ 5,300 na
Marion Davies Guest House
All 3,510 234 $ 1,800 $ 3,500 $ 600
The Parlor 2,124 142 $ 1,000 $ 2,000 $ 150
Veranda North and South 735 49 $ 350 $ 700 $ 250
Veranda Rooms plus Retreat Rooms 1-3 1,386 92 $ 500 $ 1,000 $ 300 Pool House
All 4,370 291 $ 2,500 $ 4,500 na
Sand & Sea Room plus View Deck 3,530 235 $ 1,800 $ 3,500 $ 800 Pool Deck 840 56 $ 600 $ 900 na
The Patio 1,974 132 $ 900 $ 1,500 na
Entire Site 22,474 500 $ 7,000 $ 12,000 na
Square
Footage
Max # of
People
Special Events

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Packet Pg. 541 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
10 Caterers
All caterers must be pre-approved by the City. An approval process including qualifying criteria will be developed and made available to all interested parties. At a minimum, the criteria will include minimum insurance coverage with required endorsements, compliance with service and operational standards for the site, and completion of a site orientation class.

General Facility Rental Rules
Events will be governed by a set of rental rules that have been developed and guided by the numerous settlement agreement conditions as described in Exhibit 1. Key restrictions include:

Beer and wine may be served by a properly-licensed and bonded caterer and in accordance with all applicable laws. No alcohol may be served outside. Service of alcohol must cease one-half hour prior to the end of an event.

No amplified music for private events is permitted outside.

Sit-down meal service may not exceed 2,000 square feet of space if not incidental to a meeting or social function at any one time.

Outside Vendors
It is anticipated that a range of special event and meeting support services, including event planning and coordination, audio/visual equipment and operation, and additional security or support staff, may be available at market rates. Outside caterers and other outside vendors will be required to share a percentage of their gross receipts with the City, consistent with other City beach concession agreements.

Reservations and Fees
Community Use Reservations
Most fee-based services and amenities will be available by advanced reservation as a service for those visitors who desire a level of certainty about their use of specific Beach House amenities. Online, in-person and phone reservations will be available up to three days in advance with full non-refundable payment due at the time the reservation is made. An online credit card option will be offered. Reservations must be claimed by noon the day of the reservations. Unclaimed reservations will then be released to the public on a first come first served basis.

Reservations will be available for approximately 100 parking spaces, for 50% to 75% of the total capacity for the pool, and up to three beach volleyball/tennis courts. The maximum reservations that can be made by one person for any given day is for one parking space, six Pool Passes, and one court time of 1.5 hours.

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Packet Pg. 542 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
11 Site Fees
Fees have been established for public access to facilities with limited capacity and high operational costs including parking and pool access. Fees were established based on fees for comparable City facilities as well as market rates for similar activities and services in the region.

Parking
Proposed fees for parking (up to $10 per day) are commensurate with Council-approved rates for the Central Beach Parking Lots and the Pier Deck Lot, the highest demand lots on Santa Monica State Beach. To provide affordable access, both hourly and daily rates will be available. To maximize public access to the Beach House, use of beach and residential parking permits will be prohibited in the Beach House parking lots at least until public demand can be fully evaluated. Senior and disabled passes will be allowed.

Programs and Classes
All fees for programs and classes offered by the City or City contracted instructors will be set to cover the direct costs of providing the services at the Beach House. Specific fees for recreational and community classes and programs offered by City contractors will be established through a public bidding process. Financial assistance (partial reduction of fees) is available to qualifying Santa Monica resident youth from low and moderate-income families. Initial fees are as follows:

Pool Day Pass
Adult $10.00
Child (under 18 years of age) $4.00
Senior (age 65 or older) $5.00
Family Pass (2 adults and 2 children) $24.00
Beach Volleyball and Tennis Court Reservations
Walk-up (first come, first served) Free
Reservation $5.00
Private Facility Rental and Use
Facility Rental Charges for private events and commercial filming will be established based on comparable market rates. To provide opportunities for non-profit organizations and government agencies, a discount of up to 50% will be offered to a limited number of non-profit and governmental organizations each month.

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Packet Pg. 543 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
12 Screen shot of Beach House website
Marketing
Planned outreach for the Beach
House during its inaugural year is
designed to educate people on the
concept of a public beach club,
while addressing challenges such
as demand and community
expectations. Outreach efforts will
primarily be conducted online and
seek to build upon positive word of
mouth generated through opening
events. The goal for the first year
will be to reach as much of the local
community as possible.

Subsequent plans will expand
focus to the tourist trade, both
domestic and international.

Media
A series of timed, themed press releases will be issued throughout the inaugural period.

Focus areas will include architecture and design, how to use the facility and „The Beach House Story,‟ a look at the history of the site and how the facility came to be in existence. Working in conjunction with the Santa Monica Convention & Visitors Bureau, a media tour will be held prior to the public opening in April. New media such as online networking sites, reviews and blogs will also be utilized.

Website
The Beach House website will be the cornerstone of the City‟s ongoing marketing efforts. All communication materials on the Beach House will encourage interested parties to visit its website, beachhouse.smgov.net, for more information. The playful new website will appeal to a broad range of Beach House users in an easy to use format that will encourage visitors to plan their visit ahead of time by using the website as their guide. The site will coordinate with separate websites for the private events and interpretive components.

Cross-Promotion
Community outreach and education will be conducted in coordination with the Annenberg Foundation, California State Parks, the Santa Monica Convention & Visitors Bureau, Back on the Beach Café and the Santa Monica Big Blue Bus. Private event marketing will focus on establishing relations with the general managers and concierges of local hotels and regional caterers, and draw upon the considerable interest from local residents and professional associations.

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Packet Pg. 544 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
13 Brand Extension
The Beach House brand will be grown through development and production of saleable goods that feature the facility‟s graphic identity. Goods will be available for purchase through the on site concessionaire.

Parking and Transportation
The public may access the Beach House through multiple modes of transportation including by foot, bike, private vehicle, and public transportation.

Parking
For private vehicles, the Beach House contains three adjoining parking lots - the South, Central, and North Lots. The South Lot (415 PCH) serves as the main entrance and contains a public entrance lane, two public exit lanes, an emergency vehicle entrance/exit, and a drop-off area. The Central Lot is accessible via the South Lot and serves as the primary lot for private event guests and vendors. The North Lot (445 PCH) is accessible via the South and Central lots and contains a public exit and an emergency vehicle entrance/exit. The North Lot is primarily dedicated to staff and reserved parking.

Spaces
There are approximately 277 parking spaces in the three lots. Each lot contains several handicap accessible spaces adjacent to primary Beach House entry points, as well as five hybrid vehicle only parking spaces.

Equipment
The parking facility is equipped with three (3) pay-by-space machines. These machines can be programmed as self-serve or attendant operated. Patrons will park and pay at the machine by entering the parking stall number. The machines will accept cash and give cash change. Upgrades are being made to accept credit cards and the City‟s Meter Cash Card.

Hours
The parking lots are open to the public from 8 a.m. to one-half hour after sunset. The lots will remain open until 11 pm Monday-Friday and midnight Saturday-Sunday for guests of private events. In an effort to minimize the impact on neighbors, guests of private events will be issued special parking passes and be required to park in the Central Lot before utilizing the North and South Lots.

Fees
Both daily and hourly rates are available Hourly rates are structured to provide value to visitors staying two hours or less. Parkers may select the preferred rate on the parking

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Packet Pg. 545 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
14 machine after parking. Hourly and daily rates may be applied to any available parking space.

May - September April and October November - March
Mon-Fri Weekend Mon-Fri Weekend Mon-Fri Weekend
Daily
$8.00 $10.00 $6.00 $8.00 $6.00 $7.00
Hourly
$4.00 $4.00 $3.00 $4.00 $3.00 $3.00
Weekend rates apply on holidays
Staffing
The City‟s parking contractor will provide primary staff for parking lot operations. During low-use periods, such as winter week days, the parking lot may be unattended.

Monday Tuesday Wednesday Thursday Friday Saturday Sunday May - September
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
October - April
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
During peak use periods, such as summer weekends, the City‟s Beach House staff may supplement parking contractor operations to assist with reservation check-in and traffic direction.

Traffic Flow and Signage
During the summer, demand for this facility will be high. Due to the limitations imposed by PCH and the parking lot configuration, the lot can not be closed to incoming vehicles from the north bound turn lane. Vehicles unable to find a parking space will circulate through the parking lots and exit to PCH from the North Lot. The on-duty parking attendant or the traffic director will be responsible for keeping the cars moving through the lots and directing overflow cars to exit. To keep traffic moving, staff may install temporary “sandwich board” signage such as “waiting and stopping is prohibited” or “please keep traffic moving” signs with the citation of the appropriate Municipal Code Section, 03.12.270 (d).

Permit Parking
Beach Permit Parking including monthly, semi-annual, and annual parking permits and Residential Overnight Parking Permits will not be accepted at these lots unless and until staff determines that daily public parking demand is being met. Senior and Disabled Placards will be accepted for free daily parking year-round.

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Packet Pg. 546 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
15 Staff Parking
Parking for on-site staff, including contractors, will be very limited during peak use periods. A special staff parking pass will be developed for use by authorized staff. The landscape maintenance contractor and Community Maintenance Department will each have one dedicated parking space. Beach House staff will coordinate by division to ensure minimum use of parking spaces at the Beach House and to coordinate car pooling and other alternatives when feasible. Alternative parking locations should be used when possible. Staff will be issued standard Beach Parking Permits for use in other north beach lots. Alternative modes of transportation such as bicycles, bus, and carpooling are encouraged. As space becomes available during low-use periods, all Beach House staff will be authorized to park in the Beach House lots.

Reserved Parking
The North Lot will be dedicated to Beach House staff, contractors, and reserved public parking. Parking reservations will be available to the public on regularly scheduled pool days. Reservations will not be available when the pool is closed or during winter pool openings. Reservations for up to 100 parking spaces will be accepted between one and three days prior to the reservation date. A reservation will guarantee the guest a parking space when they arrive between 9 am and noon.

The list of parking reservations will be printed out by Beach House staff and delivered to the parking attendant or supervisor by 9 am daily. A parking attendant will monitor use of the North Lot to ensure that spaces are used only by staff or those with reservations.

Those with reservations not claimed by 12:30 pm will be assigned a parking space on a first come, first served basis. Late arrivals with reservations do not have to pay the daily parking rate again, but are not guaranteed a space.

Electronic Car Count System
Electronic counters are located at the main entrance of the North and South Lots to enable real time parking availability to be reported to the City‟s website, radio broadcast, telephone recording, or other media.

Transportation
Bicycle and Pedestrian Access
The Beach House is accessible from the South Bay Bicycle Trail, which, along this section, is available to bicyclists, joggers, skaters, wheelchair riders, and pedestrians.

The trail stretches 22 miles from Will Rogers State Beach to Torrance County Beach and provides easy access from most of Santa Monica. Pedestrians can access the South Bay Bicycle Trail from any of the beach parking lots, as well as the pedestrian overpasses at the Santa Monica Pier and Palisades Park at Broadway, Arizona, and California Streets, and Montana Avenue.

Parking for 181 bicycles will be provided at racks located at key locations on the site. In addition, dependant on demand, the Beach House concessionaire will offer a bike valet

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Packet Pg. 547 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
16 service for a nominal fee during peak use periods. An effort will be made to prevent potential user conflicts on the South Bay Bicycle Trail through signage and other design options.

Tide Shuttle
The Big Blue Bus will provide shuttle service to the Beach House via the Tide Ride during peak use periods. The shuttle will service a one-way loop through the city, including Bernard Way, Ocean Park Blvd, Fourteenth Street, and Montana Avenue.

This route will provide for two trips to the Beach House hourly and take approximately 30 minutes to complete. Depending on funding availability, the service is proposed for weekends May through September from 9:30 a.m. to 8:00 p.m. and will cost $.50 each way ($.25 for seniors and persons with a disability).

Big Blue Bus Route 9
Big Blue Bus Line 9 currently stops approximately one-half mile north of the Beach House at West Channel Road where there is an existing pedestrian tunnel under the Pacific Coast Highway with access to the beach and the Beach House via the South Bay Bicycle Trail, which may be used by pedestrians as well as bicyclists in that location.

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Packet Pg. 548 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
17 Paratransit Services
The City‟s Dial-a-Ride service will also be available for residents 60 years of age or older and disabled persons 18 years of age and older.

Site Accessibility
Facility Access
The Beach House is fully compliant with the requirements of the Americans with Disabilities Act (ADA), providing access for all throughout the site. New facilities are fully accessible, including the children‟s play area, restrooms, parking lot, and Event and Pool Houses. Historic facilities have been made accessible to the extent possible and in compliance with ADA and applicable historic codes. In the Marion Davies Guest House, an elevator has been installed to provide second floor access, and two accessible restrooms have been added. At the pool, an elevator and ramp are available for access to the pool and pool deck as well as the second floor of the Pool House including the View Deck. A portable lift can provide access into the historic pool.

Beach Access
The Beach Recreation Area, providing a range of informal beach recreation opportunities, is defined by a series of boardwalks and concrete pathways. The Beach Walk traverses the site from north to south while the Ocean Walk traverses the sand from the Beach Walk west, across the South Bay Bicycle Trail and towards the ocean.

Together these walks provide universal access and pedestrian circulation from the parking lots, pool, gardens, and closer to the surf than any other location on the beach.

In addition, a beach wheel chair will be available at the Beach House concession stand, free of charge, to provide access to anywhere on the sand.

Program Access
Program access includes effective and accessible signage and communication materials. Site signage and informational materials comply with ADA requirements.

Appropriate auxiliary aids and services will be provided upon request. Auxiliary aids include large print materials, sign language interpreters, and other forms audio and visual media. The Guest Services Coordinator is the designated employee to serve as contact for concerns or grievances and other aspects of program services that physical accessibility does not fulfill.

Service Animals
A person with a disability or a trainer of a guide, signal, or service dog has the right to be accompanied by a guide, signal, or service dog. If with a trainer, the dog must be on a leash and tagged as a guide, signal, or service dog (Civil Code Section 54.1(b)(6)(A) and 54.2; Food and Agr. Code Section 308550 and 30852).

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Packet Pg. 549 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
18 Staffing Plan
Administration and Guest Services
Beach House Manager (Permanent)
The Beach House Manager is responsible for overall management and operation of the Beach House including daily operations, community programs and activities, guest services, special events, community relations, marketing and promotions.

Administrative Analyst (Permanent)
The Administrative Analyst is responsible for management and oversight of contracts and agreements, developing and monitoring the Beach House budget for the Community and Cultural Services and Community Maintenance Departments, overseeing accounts receivable and accounts payable, supervising the Guest Services Coordinator and Guest Services Assistants and assisting the Beach House Manager as needed.

Guest Services Coordinator (Permanent)
The Guest Services Coordinator is the essential “go to” person at the Beach House.

This position is responsible for coordinating the functions of the Guest Services Office and performing a wide variety of duties including insuring delivery of an exceptional level of service to guests, creating outreach and marketing materials and performing clerical and accounting duties.

Guest Services Assistant (Seasonal)
The Guest Services Assistant works seasonally during peak use periods to provide the first impression to Beach House guests. The Guest Services Assistants are responsible for taking reservations, collecting fees, checking-in guests and providing public information.

Recreation
Beach Recreation Supervisor (Permanent)
The Beach Recreation Supervisor is responsible for the development and oversight of recreational programs at Santa Monica State Beach, including the Beach House, Muscle Beach, Chess Park, other beach parks and beach tennis and volleyball courts.

This position serves as operational back-up to the Beach House Manager.

Recreation Coordinator (Seasonal)
The Recreation Coordinator is responsible for coordinating the daily recreational activities at the Beach House including use of the swimming pool and amenities, courts, and classroom space. The position is responsible for monitoring the aquatics program

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Packet Pg. 550 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
19 and class instructors. The Recreation Coordinator works seasonally during peak use periods and serves as back-up to the Beach Recreation Supervisor.

Beach Recreation Leader (Seasonal)
The Beach Recreation Leader is the eyes, ears, and voice of the Beach House, interacting with guests utilizing the various amenities available on site. This position is responsible for developing and implementing cultural and recreational programming, acting as a site ambassador, assisting guests, and monitoring and security the facility.

This position works seasonally during peak use periods.

Chief Lifeguard (Seasonal)
The Chief Pool Lifeguard monitors and coordinates the daily operation and maintenance of the Beach House pool, including assisting with the training and monitoring of pool lifeguards and other aquatics staff. This position works seasonally during peak use periods.

Pool Lifeguard (Seasonal)
The Pool Lifeguard ensures the safety of the public and other users at the Beach House pool performing emergency care as necessary and pool maintenance duties. This position works seasonally and assists the Chief Pool Lifeguard in pool operation activities, as required.

Custodial
Aquatic Maintenance Worker
The Aquatic Maintenance Worker is the lead custodian on site. This position is responsible for maintaining and repairing the aquatic facilities and leading the site‟s custodial crew.

Custodian I
The Custodian I‟s provide custodial services to the facility including cleaning and restocking restrooms and kitchens; collecting and removing trash; cleaning, dusting, and polishing furniture and other woodwork; and sweeping, vacuuming, and mopping floors.

Custodian II
The custodian II leads, schedules, and assists custodial crews and provides custodial services as necessary.

Facility Attendant (Seasonal)
The Facility Attendant assists in preparing facilities for events and programs including set-up and break-down of tables and chairs. This position also is responsible for providing basic custodial services before, during and after an event or program.

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Packet Pg. 551 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
20 Landscaping
Landscaping services including sand grooming will be provided by the City‟s landscape maintenance contractor and overseen by the City‟s Public Landscape Division.

Maintenance
The City is committed to providing the site with the highest level of maintenance possible through a combination of City and contracted staff. A range of vendors will provide routine maintenance and prompt emergency response for facility needs that can‟t be met by City staff.

Custodial
Custodial services will be provided by the City‟s Community Maintenance Department.

One to two custodians led by an Aquatic Maintenance Worker will provide daily cleaning and maintenance services to the site‟s buildings and water feature. One Facility Attendant will assist daily with light custodial duties while preparing for and breaking down equipment and furnishings associated with programs, activities, and private rentals. Custodial shifts will run from approximate 6 am to 1 am year-round, ensuring the facility is maintained to the highest standards at all times and that maintenance needs that may impact visitor use, such as floor cleaning, can occur outside of public hours.

Landscaping
Daily landscaping needs will be met by a landscaping contractor. One contractor will be on site eight hours a day, seven days a week, excluding holidays. The contractor will provide daily sand grooming, litter patrol, and sweeping of all outdoor areas. In addition, the contractor will be responsible for maintaining all landscaping including weeding, trimming, cultivating, and irrigating.

Pool and Splash Pad
The site‟s Aquatics Maintenance Worker will provide daily maintenance to the pool and splash pad. An aquatics contractor will provide regular service to the pumps and chemical feed systems and be available at all times to address unforeseen functional and maintenance needs.

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Packet Pg. 552 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
21 Security
At peak, a total of 12 staff will provide site supervision during daylight hours, including staff with specific training in and responsibility for site monitoring and coordination with the Santa Monica Police Department. All staff will be trained by the City‟s Police Department to deal with basic safety and security issues and on when and how to properly report an incident to police dispatch.

Alarm and Security Systems
Security cameras, mounted in key outdoor locations, will be periodically monitored by on site City staff. All buildings are equipped with an alarm system that is activated when a door or window is broken or opened. Only key City staff will have the alarm codes to disable the system. The alarm system will be tested and maintained regularly by a contractor.

Keys
Master facility keys will be limited to senior staff and custodial leads. In addition, a master key will be provided either in an on-site lock box or directly to the Fire and Police Departments for emergency access purposes. Keys with limited access will be distributed as necessary to lower level staff. Contract staff is not likely to have keys to any part of the facility.

Security Guards
Overnight security services will be provided by a contract security service daily.

Daytime security services also may be provided on holidays or other low-staff periods.

Using “Smart Card” technology, electronic “check points” have been established across the site to record security patrols and ensure that guards cover the entire facility on a regular basis throughout the night. Security guards will carry cell phones to contact police dispatch as necessary. They will not carry weapons of any kind. Additional security may be required for private events depending on the size and nature of the event.

Emergency Response
A dedicated access point into both the South and North Lots has been created for emergency vehicle access. Combination locks will be used to secure access gates and combinations will be provided to the Police and Fire Departments.

Sustainability
LEED Rating
The sustainable design goals and objectives developed for the Beach House are based on the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. The project includes achievement of LEED New Construction (NC) Silver

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Packet Pg. 553 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
22 rating; however, the design will incorporate measures that go beyond the scope of LEED and the Silver rating. Under LEED NC Silver a minimum of 33 points is required.

For added assurance, the project aim is to achieve 38 points total. Due to its historic status, the Marion Davies Guest House does not fit into the LEED credit program.

Key Sustainable Features
Sustainable Site
Hazardous Materials Abatement: Removal of lead-based paint, asbestos insulation, and wooden piles containing preservatives.

Erosion and Sedimentation Control (during construction) Alternate Transportation: Shuttle service
Storm Water Design: Water retention ponds to return rainwater back into the ground.

Heat Island Effect
o Tree shaded parking lots.
o White roofing materials for reduction in heat gain on roofs. o Coated parking lots to reduce stored heat in pavement.

Light Pollution Reduction: Full-cutoff lamps to reduce light pollution, lighting contained within property.

Water Efficiency
Water Efficient Landscaping:
o Drip irrigation system.
o Native and drought tolerant plants and trees.

Water saving devices including shower spray heads.

Reduction in wastewater treatment by using waterless urinals and dual flush toilet valves.

Energy and Atmosphere
Building Commissioning by an independent agency to ensure mechanical systems are operating correctly and efficiently.

Green Power electricity produced by alternate sources of energy.

Solar powered water heater system for swimming pool.

Non-heat transferring (reflective) glazing on all exterior windows (excluding the Marion Davies Guest House). Also, many windows contain an additional top section of ceramic frit silkscreen, another form of solarban.

Materials and Resources
Building Reuse: Reuse existing structures that have been cleaned and free of hazardous materials.

Construction Waste: Divert construction waste from landfill; instead recycle materials.

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Packet Pg. 554 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
23 Local/Regional Materials: Incorporate post-consumer materials into new materials, concrete, plastics, insulation, and cabinetry. New decking made of recycled plastic products. New building siding made of recycled concrete products Indoor Air Quality
Air filtration system and clean air program during construction.

Low-emitting materials, paints, adhesives and sealants.

Thermo Comfort: Building management system for efficient heating and cooling.

Innovation and Design
Educational Outreach Program
o On-site recycling and composting available.
o Interpretive/Informational materials on LEED certification and related topics.

Website with LEED educational information.

Settlement Agreement
Specified conditions for the Beach House are set forth in Exhibits A and B of a Settlement Agreement entered into by the City of Santa Monica and the Palisades Beach Property Owners Association Inc., et al. The conditions that must be in place for at least 10 years and those that must be in place for at least 7.5 years from issuance of the Certificate of Occupancy are included in Exhibit 1 of this Operating Plan, and incorporated herein by reference.

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Packet Pg. 555 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
24 Exhibits
Settlement Agreement
Conditions of the Settlement Agreement between the City of Santa Monica and the Palisades Beach Road Property Owners Association.

State Operating Agreement
Agreement between the State of California, Department of Parks and Recreation, and the City of Santa Monica, granting the City authority to operate the site of the Beach House through 2105.

Interpretive Master Plan
Comprehensive plan for the development and installation of interpretive exhibits throughout the site.

Graphic Standards
Standards for the use of the Beach House graphic identity including templates for various materials and collateral.

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Packet Pg. 556 Attachment: D. ACBH Operations Plan (7846 : Extension of Security Services Contract at Annenberg Community Beach House) City Council
Report
City Council Meeting: December 15, 2020
Agenda Item: 3.C
1 of 5
To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Cultural Affairs Subject: Approval of Contractual Services Agreement with A.G Coast Inc. dba California Panther Security for Security Services at the Annenberg Community Beach House
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4399 to A.G Coast Inc. dba California Panther Security for security services at the Annenberg Community Beach House; and

2. Authorize the City Manager to negotiate and execute an agreement with A.G Coast Inc. dba California Panther Security in an amount not to exceed $193,868 for one year, with four additional years with a three percent annual increase, on the same terms and conditions for a total amount not to exceed $1,029,268 over a five-year period, with future-year funding contingent on Council budget approval.

Summary
The Annenberg Community Beach House (Beach House) has contracted with a security vendor since April 2009, in adherence to governing documents such as the Statement of Official Action and Operations Plan, which require the City to provide on-site personnel year-round, including nighttime security staffing. The current service provider is contracted on an interim basis. Staff recommends A.G Coast Inc. dba California Panther Security (Panther Security) as the best bidder for security services at the Beach House for an amount not to exceed $193,868 for January 2021 through December 2021. The total estimated expenditure for five years with a three percent annual increase is $1,029,268. The service would be funded by the Beach Recreation Fund, dedicated to the operations and maintenance of the Beach House, beach maintenance, and beach recreation activities.

Discussion

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Packet Pg. 557 Attachment: E. Staff Report 12.15.20 Item 3.C [Revision 1] (7846 : Extension of Security Services Contract at Annenberg Community Beach 2 of 5
The Beach House sits on a five-acre parcel of Santa Monica State Beach, developed by William Randolph Hearst for actress Marion Davies in the 1920s. Originally known as the Marion Davies Estate, it became an oceanfront luxury hotel, then a private beach club. In partnership with the Annenberg Foundation and California State Parks, the City opened the site as a public beach facility known as the Annenberg Community Beach House on April 25, 2009. The Beach House combines elements of the historic Marion Davies Estate with amenities to create a truly unique community destination that is open to all, demonstrated in the City’s commitment to community-responsive programming, quality visitor services, and a high level of maintenance and security.

Site monitoring at the Beach House is guided by requirements specified in the Statement of Official Action (Attachment A) approved by City Council on May 25, 2006 and the Beach House Operations Plan (Attachment B).

In accordance with the above-mentioned governing documents, the City is required to provide site monitoring year-round. During daylight hours, staff is responsible for providing site supervision while overnight security services are provided by a contracted security service. Since opening in 2009, the Beach House has worked with contractors to provide security staffing for evenings, holidays when the site is closed to the public, and other permitted functions as necessary.

As required in the governing documents, contracted security personnel provide security from dusk to dawn, 365 days per year, to ensure both the safety of employees and visitors and that facilities and infrastructure are secure and protected from trespassing, vandalism, illegal and inappropriate behavior, and suspicious activities.

In addition to observing and reporting, duties for security personnel at the Beach House include:
• Providing regular roaming patrols at nighttime, including checking in at electronic stations throughout the site.

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• Securing vehicle entrances to the Beach House parking lots and external doors. • Staffing property at night and holidays to monitor access, maintaining a high visibility presence, and taking appropriate measures to prevent trespassing, damage, or theft of Beach House property.
• Assisting City personnel, including fire and police, as necessary by providing perimeter access control and traffic direction or by acting as site liaison. • Enforcing rules and providing support to Beach House staff when hired for private events that may involve alcohol, are youth-focused, or are attended by high-visibility individuals.

Vendor Selection
Bidder Recommendation
Best Bidder A.G Coast Inc dba California Panther Security Evaluation Criteria Price; the quality of services offered; the ability, capacity and skill of the bidder to perform or provide the services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; the character, integrity, reputation, judgment, training, experience and efficiency of the bidder; the ability of the bidder to provide service as may be needed
Municipal Code SMMC 2.24.180
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded Date Publicly Opened
08/05/2020 City's Online
Bidding Site
Santa Monica Daily
Press
38 08/24/2020
Submittals Received*
The Alpha Omega Group Security
Services Inc. $1,016,729.24 Professional Security Consultants $1,225,304.37 A.G. Coast Inc dba California
Panther Security
$1,029,267.29 Kingdom Security, Inc. $1,245,256.26
JJ&B Group Inc. $1,065,586.67 National Eagle Security, Inc. $1,259,440.59 Eagle Security Services $1,070,192.55 Taurus Protection Inc $1,270,080.00 Alltech Industries Inc $1,101.101.18 American Guard Services, Inc. $1,280,039.46 Global Vision Security $1,121,660.61 Lyons Security Service, Inc. $1,328,283.89 Bluecoat Protection Services $1,134,000.00 Briggs International Inc $1,349,140.60 Inter-Con Security Systems, Inc $1,166,536.02 The Perfect Event $1,359,293.42

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*Total price of five-year contract with estimated regular and holiday hours for site patrol, renewal options included.

Best Bidder Justification
Of the twenty bids received, six of the vendors with the overall lowest price were interviewed by Beach House staff. Interviews with the six vendors were evaluated based on work experience, screening and training process, onboarding and reporting system, pricing, and customer service philosophy. The top three vendors were invited to a second interview with additional Beach House staff. Based on the evaluation of the second interviews, pricing, and reference checks, A.G Coast Inc. dba California Panther Security (Panther Security) is recommended as the “best” bidder. The recommendation is not solely based on pricing; the estimated total cost of the recommended five-year contract with Panther Security is slightly over 1 percent higher than the lowest bidder; however, Panther Security demonstrated its ability to provide services with scope and requirements similar to the Beach House. This includes their extensive experience working with other municipalities, government agencies, and private entities. Panther Security also received positive references indicating highly trained employees and solid management and administrative structure. During the interviews, Panther Security was able to convey its ability to fulfill the demands of the Beach House contract and is recommended as the best fit for the Beach House for both site patrol and private-event staffing.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Beach Recreation Fund to award a contract with A.G Coast Inc. dba California Panther Security for security services at the Annenberg Community Beach House. Security staff for private events are paid directly to A.G Coast Inc. dba California Panther Security by private event clients.

Contract Request
FY 2020-21
Budget
Request Amount
Department Account # Total Contract
Amount
Allied Consulting & Security
Services $1,223,056.27 Absolute Security International, Inc $1,359,387.76 S&S Labor Force Inc, dba JRM $1,224,720.00 G4S Secure Solutions $1,544,467.86

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$106,626.96 11400002.550010 $1,029,267.29
Prepared By: Joyce Perez, Sr. Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A - Statement of Official Action
B. Attachment B - Operations Plan
C. Attachment C - Oaks Initiative Form

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Packet Pg. 561 Attachment: E. Staff Report 12.15.20 Item 3.C [Revision 1] (7846 : Extension of Security Services Contract at Annenberg Community Beach City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.K
1 of 5
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Emergency Extension of Security Services Contract at Annenberg Community Beach House
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Ratify the Procurement Manager’s approval of the emergency extension of Agreement #11120 (CCS) with AG Coast Inc. dba California Panther Security to continue 24/7 unarmed security guard service at the Annenberg Community Beach House for the Recreation and Arts Department. This emergency purchase was made as an exception to the competitive bidding process per SMMC

2.24.250(i), and is for a total amount not to exceed $215,000 through September 30, 2026.

Summary
The Annenberg Community Beach House (“Beach House”) has contracted with a security vendor since opening its doors in April 2009. Governing documents for the Beach House site, including the Statement of Official Action and Annenberg Community Beach House Operations Plan, require the City of Santa Monica (City) to provide on-site, unarmed security personnel, year-round.

On December 23, 2020, the City and AG Coast Inc. dba California Panther Security (“Panther”) entered into Agreement #11120 (CCS) (Attachment A) for security guard service at the Beach House through January 14, 2026. Unforeseen delays with the

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competitive bidding process for the next security service contract necessitated the extension of Panther Security’s contract. On January 15, 2026, the City and Panther entered into the First Modification to Agreement #11120 (CCS) (Attachment B), to prevent a lapse in crucial security coverage while a new solicitation is issued.

The emergency extension of Agreement #11120 (CCS) was approved as an exception to the competitive bidding process (ECB# 341) per SMMC 2.24.250(i) pursuant to SMMC

2.24.240(d)(3).

Discussion
The Beach House sits on a five-acre parcel of Santa Monica State Beach, developed by William Randolph Hearst for actress Marion Davies in the 1920s. Originally known as the Marion Davies Estate, it became an oceanfront luxury hotel, then a private beach club. In partnership with the Annenberg Foundation and California State Parks, the City opened the site as a public beach facility known as the Annenberg Community Beach House on April 25, 2009. The Beach House is a unique community destination and is open to all. The site combines elements of the historic Marion Davies Estate with beach and cultural amenities and demonstrates the City’s commitment to community-responsive programming, quality visitor services, and a high level of maintenance and security.

In the interest of public safety and site protection, security guard service at the Beach House is mandatory and guided by requirements specified in the Statement of Official Action (Attachment C) approved by City Council on May 25, 2006, and the Annenberg Community Beach House Operations Plan (Attachment D). In accordance with these governing documents, the City is required to have security personnel on site to monitor the site year-round, even during holidays when the site is closed to the public.

Security personnel at the Beach House are responsible for ensuring the safety of employees and visitors, and ensuring facilities and infrastructure remain secure and

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protected from trespassing, vandalism, illegal and inappropriate behavior, and suspicious activities. Additional security duties include:
• Providing regular roaming patrols day and night, including checking in at electronic stations throughout the site.
• Securing vehicle entrances to the Beach House parking lots and external doors. • Staffing property when City staff may not be present, such as nights and holidays, to monitor access; maintaining a high visibility presence; and taking appropriate measures to prevent trespassing, damage, or theft of Beach House property. • Assisting City personnel, including fire and police, as necessary by providing perimeter access control and traffic direction or by acting as site liaison. • Enforcing rules and providing support to Beach House staff when hired for permitted private events that may involve alcohol, be youth-focused, or are attended by high-visibility individuals.
• Observing and reporting suspicious activity.

Bid #4399 for unarmed security service at the Beach House was awarded to AG Coast Inc. dba California Panther Security (“Panther”) on December 23, 2020. The City and Panther entered into Agreement #11120 (“Original Agreement”) through January 14, 2026, for an amount not to exceed $1,029,268. Panther provides year-round security coverage, 24 hours per day, 365 days per year.

Unforeseen delays with the scope development for the competitive bidding process for the next security service contract necessitated the emergency extension of Panther Security’s contract with the City. On January 15, 2026, the City and Panther entered into the First Modification to Agreement #11120 (CCS) (“First Modification”), to extend the length of the contract, increase funds for service, and prevent a lapse in crucial security coverage while a new solicitation is issued.

Contract Extension

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The contract extension pricing is summarized below.

January 15 – March 31, 2026
Month Average Monthly Rate*
January $ 15,000.00
February $ 25,000.00
March $ 25,000.00
Total $ 65,000.00
Month-to-Month Options
As needed through September 30, 2026
Month Average Monthly Rate* Cumulative Month-to-Month Spend April $ 25,000.00 $ 25,000.00
May $ 25,000.00 $ 50,000.00
June $ 25,000.00 $ 75,000.00
July $ 25,000.00 $ 100,000.00
August $ 25,000.00 $ 125,000.00
September $ 25,000.00 $ 150,000.00
*All monthly rates shown are averages. Actual monthly rates will vary slightly based on the number of calendar days and holidays in each month. Rates are based on the 24-hour presence of one security guard per shift with no overlap.

Environmental Review
The contract modification is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will provide the City with continued security coverage at the Beach House. Therefore, it can be seen with certainty that the proposed modification would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
The emergency extension of the agreement with AG Coast Inc. dba California Panther Security to continue 24/7 unarmed security guard service at the Annenberg Community

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Packet Pg. 565 Attachment: F. Staff Report 02.10.26 Item 4.K [Revision 1] (7846 : Extension of Security Services Contract at Annenberg Community Beach 5 of 5
Beach House is funded from the current budget in the Beach Recreation Fund Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2025-26
Modified
Request
Amount
FY 2026-27
Amount Account #
Total
Revised
Contract
Amount
11120 $1,029,268 $54,000 $75,000 11430001.550010 $1,158,268 -- 86,000 -- 11430003.550010 86,000
TOTAL $1,029,268 $140,000 $75,000 $ 1,244,268
Future year funding is contingent on Council budget approval.

Prepared By: Angela VonSlomski, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Agreement 11120 (CCS) 12.23.20
B. 01 CSA_11120_First_Modification EXECUTED
C. STOA 05.25.06
D. ACBH Operations Plan
E. OAKS INITIATIVE FORM 12.15.25
F. Procurement Mgr Approval- Emergency
G. LEVINE ACT DISCLOSURE

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Packet Pg. 566 Attachment: F. Staff Report 02.10.26 Item 4.K [Revision 1] (7846 : Extension of Security Services Contract at Annenberg Community Beach

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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4.B.h
Packet Pg. 569 Attachment: H. Levine Disclosure 02.03.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

4.B.h
Packet Pg. 570 Attachment: H. Levine Disclosure 02.03.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 571 Attachment: H. Levine Disclosure 02.03.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 572 Attachment: H. Levine Disclosure 02.03.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House)

4.B.h
Packet Pg. 573 Attachment: H. Levine Disclosure 02.03.26 (7846 : Extension of Security Services Contract at Annenberg Community Beach House) City Council
Report
City Council Meeting: September 22, 2026
Agenda Item: 4.C
1 of 5
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Award Bid #4513 to and Authorize the City Manager to Execute an Agreement With VCI Construction, LLC to provide On-Call Fiber Optic Infrastructure Services for the Information Services Department Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # 4513 to VCI Construction, LLC to provide On-Call Fiber Optic Infrastructure Services (Construction, Maintenance and Repair) for the Information Services Department; and

3. Authorize the City Manager to execute an agreement with VCI Construction, LLC, in a total amount not to exceed $3,000,000 over a five-year period, with future year funding contingent on Council budget approval.

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Summary
The Information Services Department (ISD), through its Community Broadband Division, manages the City's municipal fiber optic network (CityNet), which provides voice, video, and data services to City facilities, businesses, and residents. CityNet supports City operations, public safety communications, municipal broadband services, and other communications infrastructure throughout the City.

To support the continued maintenance, repair, and expansion of the City's fiber optic network, ISD issued Bid # 4513 for on-call fiber optic infrastructure services. Staff recommends awarding Bid # 4513 to VCI Construction, LLC in an amount not to exceed $3,000,000 and authorizing the City Manager to negotiate and execute a five-year agreement to provide these services.

Discussion
The Information Services Department, through its Community Broadband Division, manages the City's municipal fiber optic network (CityNet). The network provides connectivity to more than 40 City facilities, including City Hall, police and fire facilities, libraries, parking structures, parks, data centers, traffic systems, public safety cameras, and public Wi-Fi locations. CityNet also provides broadband services to affordable housing developments, commercial customers, educational institutions, healthcare facilities, wireless carriers, and other community partners.

The City’s current agreement for on-call fiber optic utility construction services is nearing the end of its term and the City continues to require on-call construction, maintenance, and repair services to support existing infrastructure, connect new City facilities and broadband customers, respond to emergency repairs, replace damaged infrastructure, and expand the City's fiber optic network as operational needs arise. To ensure continuity of services supporting the City's municipal fiber optic network, ISD conducted a new competitive solicitation to establish a successor agreement for on-call fiber optic infrastructure services. Following this formal Request for Bids (RFB) process, staff recommends VCI Construction, LLC as the best bidder to provide on-call fiber optic infrastructure services for a five-year period in an amount not to exceed $3,000,000.

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The new agreement will include underground utility construction, fiber optic cable installation and splicing, building cabling, small cell infrastructure installation, traffic control, and optional engineering support. Services will be performed on an as-needed basis throughout the term of the agreement.

Vendor Selection
Submittals Received
Bidder Submittal Bidder Submittal
Elecnor Belco
Electric, Inc.
$53,740.70 VCI Construction, LLC $164,800.45
HP
Communications,
Inc.
$250,767.19 Video Voice Data Communications $171,079.00 Bid Data
Date
Posted
Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/26/2026 City's Online
Bidding Site
Santa Monica Daily
Press
44 4/2/2026
Bidder Recommendation
Best Bidder VCI Construction, LLC
Evaluation Criteria Cost and references
Municipal Code SMMC 2.24.100(a)

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Best Bidder Justification
Four responsive bids were received and evaluated by an evaluation committee comprised of representatives from the Information Services Department. Bids were evaluated based on the criteria identified in the solicitation, including cost and references, which were weighted at 70 percent and 30 percent, respectively. In addition to the competitive and responsible pricing outlined in the table above, reference checks indicated that VCI’s work and project quotes are consistently detailed and complete, preventing unexpected costs or scope changes. References further noted that VCI has a strong track record of delivering projects as promised, staying on budget for quoted work, and consistently staffing projects with highly qualified, knowledgeable, and experienced personnel who have successfully completed network connection projects similar to the City’s. Based on the evaluation results, staff recommends VCI Construction, LLC as the best bidder to provide on-call fiber optic infrastructure services.

Environmental Review
The award for on-call fiber optic infrastructure services, including construction, maintenance and repair services is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines.

Section 15301 of the CEQA State Guidelines provides a Class 1 (Existing Facilities) exemption for projects that consist of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award of on‑call services for maintenance, repair, replacement, and minor expansion of existing municipal fiber optic infrastructure, including minor utility construction, fiber installation/splicing, and repairs done as needed to support ongoing operations would not expand or materially change existing facilities or operations. Therefore, the agreement is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Information Technology Replacement & Services Fund and the General Fund to award an agreement with VCI Construction, LLC to provide on-call fiber optic infrastructure services.

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Agreement Request
Funding Source FY 2026-
27 Future Years
Amount
Account # Total
Contract
Amount
Information
Technology
Replacement &
Services Fund
$200,000 $800,000 71800005.5XXXXX $1,000,000
General Fund $400,000 $1,600,000 01140006.550010 $2,000,000 Total $600,000 $2,400,000 Total $3,000,000
Future year funding is contingent on Council budget approval.

Prepared By: John Meschyan, Broadband Services Engineer Approved Forwarded to Council
Attachments:

A. Levine Act Disclosure Form
B. OAKS INITIATIVE FORM SIGNED
C. VVD Communications Protest 052926
D. VVD Communications Response Letter 070626 Revised

4.C
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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

X
Docusign Envelope ID: C12577FD-921A-41D8-8619-0D173C9E653E

4.C.a
Packet Pg. 579 Attachment: Levine Act Disclosure Form (7861 : Award Bid to VCI Construction, LLC to provide On-Call Fiber Optic Infrastructure Services) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

Patrick Davies Vice President
VCI Construction, LLC
02/10/2026
Docusign Envelope ID: C12577FD-921A-41D8-8619-0D173C9E653E

4.C.a
Packet Pg. 580 Attachment: Levine Act Disclosure Form (7861 : Award Bid to VCI Construction, LLC to provide On-Call Fiber Optic Infrastructure Services) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:

Building and development permits
Conditional use permits
Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
Public street abandonments
Private development plans
Professional license revocations
Rezoning of specific real estate parcels
Event permits
Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
Special district formation proceedings involving the creation of a special use or benefit to the person in the district
Tentative subdivision and parcel maps
Docusign Envelope ID: C12577FD-921A-41D8-8619-0D173C9E653E

4.C.a
Packet Pg. 581 Attachment: Levine Act Disclosure Form (7861 : Award Bid to VCI Construction, LLC to provide On-Call Fiber Optic Infrastructure Services)

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