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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.
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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
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C070921
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76035
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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
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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
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(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
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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
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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
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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
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Page 6 of 7
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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.
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ATTEST: 4P-41 • (3
Chairmfigoard of Supe . s
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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.,:-,.
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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