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LAC Flood Control District ti . . „ 4-1760 si • tit ".,. 14:0414„toCOUNTY OF LOS ANGEL 4.° 11-Al r- '.;, + .:tri( vi, litl! + DEPARTMENT OF PUBLIC WORKS * f k-4=-' yiii k i ' irx: To Enrich Lives Through Effective and Caring Service" C4l1 FOOD' 900 SOUTH FREMONT AVENUE ALHAMBRA,CALIFORNIA 91803-1331 DONALD L.WOLFE,Director Telephone:(626)458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA,CALIFORNIA 91802-1460 IN REPLY PLEASE May 9, 2007 REFER O FILE: PD-2 RECEIVED Jimof Rancho Palos Verde Mr. Bell Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes CA 90275 PUBLIC WORKS Attention Mr. Ron Dragon DEPArtTMENT Dear Mr. Bell: STATE WATER RESOURCES CONTROL BOARD PROPOSITION 50—SANTA MONICA BAY RESTORATION GRANT PROGRAM INSTALLATION OF CATCH BASIN TRASH EXCLUDERS Enclosed for your files is a fully executed copy of the County—City of Rancho Palos Verdes Cooperative Agreement No. 76035 for the subject project. The project was completed in March 2007. In accordance with the terms of the Agreement, please return to us the enclosed Acceptance of Trash Excluders form after it is signed by your duly authorized City official. Your City will own, operate, and maintain the trash excluders. • We greatly appreciate your staffs time and effort in making this project a success. If you have any questions, please contact our project manager, Ms. Inez Yeung, at (626) 458-5119 or iyeung@dpw.lacounty.gov. Very truly yours, art„,71 D NALD L. We FE 01- Director of Public Works IY:rr C070921 P:\pdpub\Flood\PROJECTS\Santa Monica Bay Watershed Trash Excluders(Prop.50)\Letters\Transmit Executed Agreement1.doc Enc. i". % kb 76035 j STORM DRAIN GRANT AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation in the County of Los Angeles, (hereinafter referred to as CITY), and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter referred to as DISTRICT): WITNESSETH WHEREAS, DISTRICT is a political entity separate and distinct from the County of Los Angeles (hereinafter referred to as COUNTY), and is governed by the COUNTY Board of Supervisors, pursuant to Section 3 of the Los Angeles County Flood Control Act; and WHEREAS, pursuant to Section 56-3/4 of the COUNTY Charter, the DISTRICT'S functions are performed by COUNTY'S Department of Public Works; and WHEREAS, it is understood that the rights and obligations of DISTRICT herein apply solely to DISTRICT and not to COUNTY, and that it is intended that any provision herein for the protection of DISTRICT shall also apply to COUNTY, its Director, officers, employees, and agents performing functions on behalf of DISTRICT; and WHEREAS, CITY desires to reduce the amount of trash entering storm drains within CITY by having DISTRICT install 89 TRASH EXCLUDERS, which partially block the openings of catch basins within CITY streets, in approximately 89 CITY-owned catch basins, to keep trash from entering the catch basins; and WHEREAS, DISTRICT will administer the procurement and installation of TRASH EXCLUDERS in the CITY, (hereinafter referred to as PROJECT); and WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis, under the Proposition-50, Santa Monica Bay Restoration Grant Program from the State Water Resources Control Board, (hereinafter referred to as SWRCB), for PROJECT; and WHEREAS, DISTRICT is willing to finance CONSTRUCTION CONTRACT COST at no cost to CITY, currently estimated to be $245,000, to be reimbursed by SWRCB; and WHEREAS, DISTRICT is willing to finance CONTRACT DOCUMENT PREPARATION and CONSTRUCTION ADMINISTRATION COSTS, currently estimated to be $75,000. WHEREAS, CITY is willing to accept TRASH EXCLUDERS and be responsible for the operation (which includes patrolling TRASH EXCLUDERS, especially during storms, to make sure that they are functioning properly and to relieve plugging when Page 1 of 7 4 necessary), maintenance, repair, and future replacement of TRASH EXCLUDERS in perpetuity upon completion of PROJECT; and . WHEREAS, PROJECT is entirely within the jurisdictional limits of CITY. NOW, THEREFORE, the parties mutually agree as follows: (1) DEFINITIONS: a. CONTRACT DOCUMENT PREPARATION, as referred to in this AGREEMENT, shall consist of environmental documentation; preparation of location map showing locations of TRASH EXCLUDERS, specifications, and cost estimates, based on records and measurements provided by CITY; and advertisement of PROJECT for construction bids. b. CONSTRUCTION CONTRACT COST, as referred to in this AGREEMENT, shall consist of all payments to the contractor for construction of PROJECT currently estimated to be $245,000. c. CONSTRUCTION ADMINISTRATION, as referred to in this AGREEMENT, shall consist of construction contract administration, construction inspection, materials testing, construction survey, changes and modification of location map and specifications for PROJECT, necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, and all other necessary work after advertising of PROJECT for construction bids to cause PROJECT to be constructed in accordance with the location map and specifications approved by CITY. d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shall consist of investigation and preparation of search maps for right-of-way identification; property appraisals; title reports; preparation of legal descriptions; acquisition of any parcel of land and easements including negotiations, condemnation activities, and escrow costs; clearing any improvements within right of way; obtaining permits to enter other property; incidental and litigation expense; and all other work necessary to acquire right of way for construction of PROJECT. e. TRASH EXCLUDERS, as referred to in this AGREEMENT, shall consist of any device placed at the opening of a catch basin along the curb, which partially blocks the opening to prevent most trash from entering the storm drain system. Page 2 of 7 • • • • • (2) CITY AGREES: a. To review various types of TRASH EXCLUDERS suggested by DISTRICT, perform appropriate analysis, and then select the most appropriate type for CITY'S catch basins, at no cost to DISTRICT. CITY shall inform DISTRICT of its selection within 15 calendar days of receiving the specifications for TRASH EXCLUDERS from DISTRICT. b. To review location map and specifications for PROJECT and provide comments to DISTRICT within fifteen (15) calendar days at no cost to DISTRICT. c. To perform and finance RIGHT-OF-WAY ACQUISITION necessary to complete PROJECT. d. To seek community support. e. To grant to DISTRICT any temporary or permanent CITY right of way and easements that are necessary for the construction of PROJECT at no cost to DISTRICT. f. To issue all necessary permits for PROJECT on a no-fee basis. g. To be and to remain responsible for the operation and maintenance of CITY-owned catch basins before, during, and after construction of PROJECT. h. Upon field acceptance of PROJECT by DISTRICT and at no cost to DISTRICT, to accept ownership of TRASH EXCLUDERS in CITY-owned catch basins and to operate and maintain TRASH EXCLUDERS in CITY- owned catch basins, including all associated costs and liabilities, in perpetuity. CITY'S operation and maintenance shall include, without limitation, the following: i. Routinely inspect and repair TRASH EXCLUDERS in CITY- owned catch basins to ensure that they are functioning properly. ii. Replace any damaged or misplaced parts of TRASH EXCLUDERS in CITY-owned catch basins with parts equivalent to those specified in the design specifications. iii. Patrol and relieve plugging in CITY-owned catch basins, especially during storms. i. To authorize and direct the City Engineer and/or Director of Public Works to sign the attached acceptance form, Exhibit A. Page 3 of 7 • • j. To be solely liable for any damages resulting from CITY'S actions or inactions with regards to the operation and maintenance of TRASH EXCLUDERS. k. To indemnify, defend, and hold harmless COUNTY and DISTRICT, their agents, officers, and employees, from and against any and all liability and expense arising from any act or omission of CITY, its officers, employees, agents, or contractors of any tier, in conjunction with PROJECT or TRASH EXCLUDERS, and its ownership, maintenance, and inspection thereof including, but not limited to, defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, or property damage. Without limiting the scope of this indemnification, CITY agrees to indemnify, defend, and hold harmless COUNTY and DISTRICT from and against any action relating to the intake of items that would be excluded from storm water into any CITY catch basin. (3) DISTRICT AGREES: a. To finance and perform CONTRACT DOCUMENT PREPARATION and CONSTRUCTION ADMINISTRATION for PROJECT at no cost to CITY. b. To finance the CONSTRUCTION CONTRACT COST of PROJECT, currently estimated to be $245,000, to be reimbursed by SWRCB. c. To provide CITY a list of suggested TRASH EXCLUDERS for CITY to select. d. To submit location map and specifications for CITY'S review. e. To submit final location map and specifications for CITY'S approval. (4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. PROJECT consists of the work shown on DISTRICT'S location map and specifications, which will be located in the map vault at the County of Los Angeles Department of Public Works, Alhambra Headquarters. b. DISTRICT shall have the right to reject all bids after notifying CITY and may readvertise PROJECT if DISTRICT deems such action is to be in the best interests of the DISTRICT. c. DISTRICT may unilaterally terminate this AGREEMENT without cause, in DISTRICT'S sole discretion at any time by giving thirty (30) calendar days prior written notice to CITY. Page 4 of 7 • + r •• d. Each party shall have no financial obligation to the other party under this AGREEMENT, except as herein expressly provided. e. This AGREEMENT may be modified only by the mutual written consent of both parties. f. During construction of PROJECT, DISTRICT shall furnish an inspector or other representative to ensure that PROJECT is completed according to approved location map and specifications. CITY may also furnish at no cost to DISTRICT, an inspector or other representative. Said inspectors shall cooperate and consult with each other. CITY'S inspector shall not issue any directive(s) to DISTRICT'S contractor for PROJECT, but shall work through DISTRICT'S inspector. The orders of DISTRICT'S inspector to the contractor or any other person in charge of construction shall prevail and be final. g. It is understood and agreed that the provisions of the Assumption of Liability Agreement No. 32386 between CITY and COUNTY, adopted by the County of Los Angeles Board of Supervisors with an effective date of May 5, 1978, and currently in effect, are inapplicable to this AGREEMENT. h. This AGREEMENT contains the complete and final understanding of the parties in connection with the subject matter herein and shall supersede any and all previous contemporaneous oral or written agreements between the parties regarding said subject matter. The provisions of this AGREEMENT shall be interpreted and enforced pursuant to the laws of the State of California. Page 5 of 7 • j. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY: Mr. Les Evans City Manager City of Rancho Palos Verdes Attention Elizabeth Gonzalez 30940 Hawthorne Boulevard Ranch Palos Verdes, CA 90275 DISTRICT: Mr. Donald L. Wolfe Chief Engineer of the Los Angeles County Flood Control District County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 // // // // // // // // // // // // // // // // // // // // // // // // Page 6 of 7 r ' IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF RANCHO PALOS VERDES on December 19 , 2006, and by the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT on AWN Y 13 , ==. sal. tip � LOS ANGELES COUNTY e)411110‘0 A acting on behalf of the Los Angeles rr e --- County Flood Control District 43 e itS c" ..t> Byr2")jti ATTEST: 4P-41 • (3 Chairmfigoard of Supe . s ,�,4 o� Los SAC H I A. HAMAI I ;' ' Executive Officer of the �' ;; 1,,���, Board of Supervisors of f -- -04--.-4t,;,1t + the County of Los Angeles triilish.,:-,. 1=11V-, 1M;1: -4- -- ---- ---1 Vi,i , --- % - iir .r=H1 AI *tiro By '�i c Not !► Deputy APPROVED AS TO FORM: ADOPTED BOARD OF SUPERVISORS RAYMOND G. F O RT N E R, JR. COUNTY OF LOS ANGELES County Counsel In. 3 7 FEB 1 3 2007 By Deputy Se-1(A-* . SACH!A. AMAI EXECUTIVE OFFICER CITY OF RAN - 0 PALOS VERDES 4. J . S By Mayor ATTEST: By: '"1:2 . ity Clerk By ‘- 'd-r---1AzV. _ City Attor y P:\pdpub\Flood\PROJECTS\Santa Monica Bay Watershed Trash Excluders(Prop.50)1Draft Agreement with RANCHO PALOS VERDES revised 11-21-06.doc Page 7 of 7 . a. RESOLUTION NO. 2006-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. WHEREAS, the City of Rancho Palos Verdes (CITY) desires to reduce the amount of trash entering storm drains within CITY by having the Los Angeles County Flood Control District (DISTRICT) install eighty-nine (89) trash excluders, in approximately eighty-nine (89) catch basins located within CITY, to keep trash from entering the catch basins; and WHEREAS, the DISTRICT has obtained grant funding on a reimbursement basis under the Proposition — 50, Santa Monica Bay Restoration Grant Program from the State Water Resources Control Board, for the procurement and installation of Trash Excluders in the CITY; and WHEREAS, the District is willing to finance Construction Contract Costs ($245,000) and Construction Administration Costs ($75,000) at no cost to the CITY; BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: The CITY agrees to the terms and conditions set forth in the STORM DRAIN GRANT AGREEMENT and authorizes execution of the STORM DRAIN GRANT AGREEMENT by the appropriate CITY representatives. PASSED, APPROVED, and ADOPTED this 19th day of December 2006. /s/ Thomas D. Long Mayor Attest: /s/ Carolynn Petru City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006-95 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 19, 2006. City lerk ' -.. • . Exhibit A ACCEPTANCE OF TRASH EXCLUDERS PROJECT NAM E (see attached location maps) SANTA MONICA BAY TRASH EXCLUDERS PROJECT PROJECT INSTALLATION OF TRASH EXCLUDERS AT SELECTED CATCH DESCRIPTION BASINS WITHIN THE CITY CITY'S NAME CITY OF RANCHO PALOS VERDES Your signature on this form certifies that the above project was constructed to the satisfaction of your City. It also certifies that your City has accepted full responsibility to own, maintain, and operate the Trash Excluders installed on selected City-owned catch basins under the above mentioned project. Ownership, operation, and maintenance of these trash excluders includes but is not limited to the following: • Routinely inspect and repair trash excluders to ensure that they are functioning properly. • Replace any damaged or misplaced parts of trash excluders with parts equivalent to those specified in the design specifications. • Patrol and relieve plugging, especially during storms. • Future replacement, if the City deems it is necessary, and all costs associated in doing so. CITY ENGINEER OR DATE DIRECTOR OF PUBLIC WORKS P:\pdpub\Flood\PROJECTS\Santa Monica Bay Watershed Trash Excluders(Prop.50)\City Acceptance Form-Rancho PV Rev.doc