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20151215 Late CorrespondenceDecember 15, 2015 JOE BUSCAINO Councilmember, 15th District The Honorable Mayor Ken Dyda The Honorable Mayor Pro Tern Brian Campbell The Honorable Councilmwoman Susan M. Brooks The Honorable Councilmember Jerry Duhovic The Honorable Councilmember Anthony Misetich City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Re: Rancho Palos Verdes City Council Meeting Agenda Item #1 RECEIVED FROM tL ~SA1::J. AND MADE A PART F THE REC RD AT THE COUNCIL MEETING OF _f2_t[,, /0 ,)J_) OFFICE OF THE CITY CLERK CARLA MORREALE, CITY CLERK Western Avenue Corridor Street Enhancement Strategy Dear Honorable Mayor Dyda and Members of the City Council: I represent San Pedro and the 15•h Council District on the Los Angeles City Council. I am writing to express my support for the Western Avenue Street Enhancement Strategy that has been revised based upon the recommendations of the Rancho Palos Verdes Planning Commission back on August 11, 2015. I appeared and spoke at that hearing in support of Option B, which incorporated "Complete Streets" elements that are meant to enable safe access on Western Avenue for all users, including pedestrians, bicyclists, motorists and transit riders. My support reflected the recommendations of the project's technical consultant AECOM, as well as the recommendations provided by our City's Planning and Transportation Departments. Further, these recommendations are consistent with our City's Mobility Plan, our City's bike plan as well as the City of Rancho Palos Verdes. And finally, this Option has been presented and has secured favorable support from the Coastal San Pedro Neighborhood Council, Central San Pedro Neighborhood Council and Northwest San Pedro Neighborhood Council (which provided a letter of support dated October 30, 2015 and which can be found in your briefing packets). Since the August, our collective technical staffs from RPV and LA have worked along with AECOM to incorporate the directions from your Planning Commission that pursue a shared strategy for the enhancement of the Western Avenue Corridor. I have reviewed their framework, now referred to as the "Western Avenue Corridor Street Enhancement Strategy," and support this plan as well. It reflects the plans, visions and support from our Planning and Transportation Departments and has secured CITY HALL. 200N.5PR IN G5TREET. ROOM410. LosANGELES,CA90012. (213)473-7015. LA15TH.COM Page 2 December 15, 2015 The Honorable Mayor Dayda and Members of the City Council widespread community support in San Pedro. The efforts in developing this plan from Conni Pallini with the City of Los Angeles' Planning Department, Crystal Killian with the City's Transportation along with your talented staff in Rancho Palos Verdes and AECOM are greatly appreciated. This effort has provided a unique opportunity for our two cities to work hand-in-hand on a regionally significant project. And together we have produced a plan that meets the goals to improve traffic flow and safety along Western Avenue while simultaneously improving the aesthetics and visual appeal of this key corridor. I hope that you will join me in supporting this strategy, and look forward to continuing to work together on securing funding and implementing these improvements over the coming years. Feel free to contact my Director for Economic Development and Planning, David Roberts, at (213) 473-7015 or via email at david.a.roberts@lacity.org with any questions. Wishing you a Safe, Joyful and very Happy Holidays! Sincerely, ~~~ JOE BUSCAINO Councilmember, 15•h District CITY OF RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK DECEMBER 15, 2015 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA** Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. E 1 2 Description of Material Revised Temporary Construction Easement; Email from Sunshine Revised Professional Services Agreement Emails from: Evon Muaina; Lisa and Mike Frka; Ted Ernst Letter from Andrea Vona Respectfully,5-Dbmitted, /;) ~ " llJf:£/. ~U(4,(,{ ___ _ Carla Morreale **PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, December 14, 2015**. W:\AGENDA\2015 Additions Revisions to agendas\20151215 additions revisions to agenda.doc From: Sent: To: Cc: Subject: Attachments: Andy Winje Tuesday, December 15, 2015 3:36 PM Carla Morreale; Teresa Takaoka Charles Eder; Michael Throne; Lauren Ramezani; Dave Aleshire (daleshire@awattorneys.com); Christina M. Burrows; Doug Willmore; Alan Braatvedt - KOA/CBM -Const Mgr. (alanb@koacorp.com); Ram Mohseni (rmohseni@koacorp.com) LATE CORRESPONDENCE Temporary Construction Easement 2.pdf This is regarding item Eon tonight's City Council agenda. A final form of the Temporary Construction Easement for work on the property at 2443 Sunnyside Ridge Road is attached and will substitute for the agreement included with the staff report. The property owner has had a chance to review it and has no objections. Please include in late correspondence. Andy Winje, PE Senior Engineer Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Tel: 310-544-5249 1 £. TEMPORARY CONSTRUCTION EASEMENT CONFERRING PERMISSION TO ENTER PRIVATE PROPERTY FOR THE PURPOSE OF DEMOLITION OF AN EXISTING WALL AND INSTALLATION OF A NEW RETAINING WALL AND OTHER RELATED WORK This Temporary Construction Easement is dated for reference December 15, 2015, and is made by and between the City of Rancho Palo Verdes, a California municipal corporation (hereinafter referred to as "Grantee") and John J. Degirolamo, an individual (hereinafter referred to as "Granter"). RECITALS WHEREAS, Granter is the record owner of that certain real property described as Los Angeles County Assessor's Parcel No. 7554-011-001, located at 2443 Sunnyside Ridge Road, Rancho Palos Verdes, California (hereinafter referred to as "the Property"); and WHEREAS, Grantee intends to improve the public trail located adjacent to the Property, on publicly owned open space property (herein "Trail Property") which project is known as the Sunnyside Ridge Trail Segment Project (the "Project"); and WHEREAS, Grantee seeks to perform certain work on the Project at its own cost and expense using a state licensed and properly insured general contractor, which will benefit adjacent residential properties, including the Property, and the City's trail network; and WHEREAS, the Project includes the construction of a trail and retaining wall (hereinafter referred to as "the Work") adjacent to the Property, along the southwesterly 60 feet (approximate) of the Property's westerly property line; and WHEREAS, the Work is located within the Trail Property immediately adjacent to the Grantor's property and will require some construction activity on the Property. The Grantee and the Granter desire to enter into this Agreement to establish entry permission to construct the Work. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. TEMPORARY EASEMENT (a) Permission for Entrv. Granter by this instrument grants to Grantee, and to Grantee's agents, permittees, and employees, including Grantee's contractors, the temporary right, privilege, and permission to enter the Property from the future trail, for the sole and exclusive purpose to perform demolition of an existing wall owned by Granter, preparation of site, and installation of a new trail and retaining wall on the Trail Property and adjacent to the Property (the "Work"). The Work will include, but may not be limited to, clearing trees and interfering brush in the vicinity of the Work, demolition 01203.0006/277770.3 of portions of an existing block wall, regrading in the vicinity of the new wall, construction of a masonry and concrete pilaster, retaining wall and railing per Project plans. In connection with conducting the construction, Granter hereby agrees that Grantee and its agents may bring onto the Property such equipment as may be reasonably necessary to conduct the construction. (b) Location of Work, fencing. Exhibit A, which is attached hereto and incorporated herein by this reference, is a map showing the general area of the Work adjacent to the Property. The portion of the Property onto which Grantee will enter to complete the Work (the "Work Area") is a strip approximately 8-foot wide along the southwesterly 60 feet of the Property's westerly property line. Grantee may erect a temporary fence around the perimeter of the Work Area, within the 8-foot strip. The precise location of the Work is depicted in the construction documents issued for construction of the project, which are on file with the Public Works office of the Grantee and are incorporated herein by reference. (c) Hours of Construction. Unless other mutually agreed upon arrangements are made, Grantee and its agents, permittees, employees and contractors shall perform the construction between 8 a.m. and 5 p.m., Monday to Friday. (d) Access from driveway prohibited. Access to the Work via the Grantor's driveway is prohibited, is trespassing, and is a material breach hereof. 2. TERM Time is of the essence for the Grantee's contractor, who has 60 working days, weather permitting, to complete the project after the Grantee issues a notice to proceed. The temporary easement created by this Temporary Construction Easement shall expire upon recordation of the Notice of Completion for the Project by Grantee unless extended by mutual agreement. The obligations set out in Section 3, entitled Liability and Section 8, entitled Maintenance, shall survive the expiration or termination of this Temporary Construction Easement. 3. LIABILITY Grantee shall exercise the privilege granted in this instrument at Grantee's sole and exclusive risk. Grantee hereby agrees to hold Granter harmless from any injury or damage suffered by Grantee, its agents, permittees, employees, or contractors on account of the exercise of such privilege. Grantee further agrees to indemnify and defend Granter against any and all liability for damages and expenses resulting from, arising out of, or in any way connected with, the exercise of this privilege by Grantee, its agents, permittees, employees, or contractors. Grantee further agrees to warrant that the Work will be done in a workmanlike manner and to the standards described in the construction documents. The standard of performance for labor and materials will be secured by a performance bond. If requested by the Granter the Grantee will provide 01203.0006/277770.3 copies of the performance bond and the contractor's insurance certificates to the Granter, prior to the commencement of work. 4. NO RELEASE Notwithstanding any other provision contained, neither the fact of this Temporary Construction Easement nor anything herein shall be construed to release, hold harmless, indemnify or otherwise relieve Grantee of any obligation, responsibility, duty, cost, or obligation respecting the Property and arising under the law, whether known or unknown and including those causes of action that may not yet have arisen. 5. RESTORATION OF PROPERTY At the conclusion of the performance of the Work, Grantee shall, at its own expense, remove any equipment and excess materials from the Property and restore the Property, to the extent reasonably possible, and to Granters' reasonable satisfaction, to its original condition at the beginning of the Work. Grantee will secure photo documentation of the potentially impacted areas prior to the beginning of Work. Granter will identify any areas of special concern prior to the beginning of Work, so that the appropriate standard of care can be taken to protect, preserve or restore these areas. 6. PROVISION OF PRIVACY FENCE Pursuant to the desires of the Grantee and Granter to maintain the security and privacy of the Granter upon completion of the Project, Granter will install a 6-foot high chain link privacy fence along a portion of the Property's westerly and northerly property lines. Granter agrees to reimburse Grantee for 50% of the costs to install the 6-foot high chain link privacy fence, but in no event shall the reimbursement exceed $6,500. Payment shall be processed upon provision of a receipt for the work to install the fence. 7. TERMINATION Granter acknowledges that Grantee is entering into a public works contract with a contractor to complete the Project, that the Work is a component of the Project, and that this Temporary Construction Easement is required in order to complete the Work. Granter agrees not to terminate this Temporary Construction Easement, for any reason, unless Grantee is in breach of this Temporary Construction Easement. Granter may terminate this Grantee Agreement if Grantee is in breach of this Temporary Construction Easement and has failed to correct the breach within fifteen (15) days after written notice from Granter. 8. MAINTENANCE Granter agrees to allow Grantee to enter Property for the sole purpose of maintaining the retaining wall constructed by Granter. Grantee shall contact Granter in advance of the desired date and time of the entry onto the Property. Granter shall give written approval, not to be unreasonably withheld, of the maintenance work. Any 01203.0006/277770.3 maintenance work shall be performed between 8 a.m. and 5 p.m., Monday through Friday. At the conclusion of any maintenance work Grantee shall restore Grantor's property to the condition of the Property prior to the maintenance work. Grantee shall not be liable to Granter for any damage caused by the wall or to Granter due to Grantor's failure to give written approval of the maintenance work. If Granter fails to give written approval of the maintenance work, Granter waives any potential indemnification by Grantee. 9. MISCELLANEOUS (a) Limitations. Granter does not hereby convey to Grantee any right, title or interest in or to the Property, but merely grants the specific rights and privileges set forth herein. (b) Notices. Communication regarding day to day logistics pertaining to the Work shall be handled informally between the Granter and the Grantee's construction manager. This informal communication may take place in person, by phone or by email. Grantee and Granter shall reply to concerns from the other party as quickly as possible but not less than 24-hours after the informal communication is received. If the 24-hour period is exceeded parties may proceed with more formal communication as follows. Whenever any notice, demand, or request is delivered under or in connection with this Temporary Construction Easement , such notice, demand, or request shall be in writing and shall be delivered by hand; registered or certified mail, postage prepaid, return receipt requested; or nationally recognized commercial courier for next business day delivery, to the addresses set forth below the respective executions of the parties hereof, or to such other addresses as are specified by written notice given in accordance herewith. All notices, demands, or requests delivered by hand shall be deemed given upon the date so delivered; those given by mailing as hereinabove provided shall be deemed given on the date of deposit in the United States Mail; those given by commercial courier as hereinabove provided shall be deemed given on the date that is one (1) day after deposit with the commercial courier. Any notice, demand, or request not received because of changed address of which no notice was given as hereinabove provided or because of refusal to accept delivery shall be deemed received by the party to whom addressed on the date of hand delivery, on the date of facsimile transmittal, on the first calendar day after deposit with commercial courier, or on the third calendar day following deposit in the United States Mail, as the case may be. (c) Governing Law. This Temporary Construction Easement shall be construed, enforced and interpreted in accordance with the laws of the State of California, excluding California's choice of law rules. Venue for any lawsuit regarding this License shall be in Los Angeles County. (d) Counterparts. This Temporary Construction Easement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 01203.0006/277770.3 (e) Compliance with Law. All of the Work shall be performed in compliance with applicable law. (f) Waiver. The waiver by either party of any term, covenant, agreement, or condition contained in this Temporary Construction Easement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement, or condition contained in this Temporary Construction Easement. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Temporary Construction Easement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. (g) Entire Agreement. This_ Temporary Construction Easement is the entire agreement between the parties, and supersedes any prior agreements, representations, negotiations, or correspondence between the parties except as expressed in this Temporary Construction Easement. Except as otherwise provided in this Temporary Construction Easement, no subsequent change or addition to this Temporary Construction Easement shall be binding unless in writing and signed by the Parties. IN WITNESS OF THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS AGREEMENT BY AFFIXING THEIR SIGNATURES BELOW: CITY OF RANCHO PALOS VERDES Mayor 01203.0006/277770.3 PROPERTY OWNER By:~~~~~~~~~~~~ John J. Degirolamo, Property Owner Date: PROPERTY ADDRESS 2443 Sunnyside Ridge Road Rancho Palos Verdes, CA 90275 01203.0006/277770.3 EXHIBIT A WORK AREA From: AndyWinje Sent: To: Monday, December 14, 2015 4:11 PM Carla Morreale; Teresa Takaoka Subject: FW: How to avoid having the City pay for an unwanted balcony railing More late correspondence Andy Winje 310-544-5249 From: SunshineRPV@aol.com [mailto:SunshineRPV@aol.com] Sent: Saturday, December 12, 2015 2:24 PM To: Paul Christman Cc: Andy Winje Subject: Re: How to avoid having the City pay for an unwanted balcony railing Hi Paul, Thank you ever so much for the reply and taking the time to speak with Andy. We The People are not in a position to interpret the RPV Development Code for the RPV Public Works Department. In a message dated 12/11/2015 1 :19:33 P.M. Pacific Standard Time, PaulC@rpvca.gov writes: Hi Sunshine, Yes : I sure hope this means if the existing condition north of the 2443 side yard gate is left as is, no balcony railing is required I spoke with Andy about this. I have attached the Building code section 1013.2 that contains the language about measuring to any point within 36 inches horizontally to the edge of the open side From: SunshineRPV@aol.com [mailto:SunshineRPV@aol.com] Sent: Friday, December 11, 2015 12:41 PM To: Paul Christman <Paul.Q!YrnY..f?_...&ov> Cc: CC <CC@rpvca.gov>; Andy Winje <AndyW@rpvca.gov> Subject: How to avoid having the City pay for an unwanted balcony railing 1 Hi Paul, Attached is SECTION Z from some trail user's suggestion on how to solve the existing trail obstruction further south on the easement. At the time we were informed about the 30 inches down but not the 36 inches out code about balcony railings. We have since learned that the new wall at 2477 Sunnyside Ridge Road is not encroaching on the City's trail easement. The wiggily line is existing grade. I am hoping that you can explain to everyone involved that if the existing condition north of the 2443 side yard gate is left as is, no balcony railing is required on the 2477 wall and that one should have been a condition of the most recent improvements in the 2443 side yard setback. The item on the Council's Agenda for December 15, 2015 is about work on the easement south of the 2443 side yard gate. I'm just trying to avoid unnecessary work and expense north of the gate which is in an accepted bid. Thank you for whatever you can share. SUNSHINE 310-377-8761 2 From: Sent: To: Cc: Subject: Attachments: Andy Winje Tuesday, December 15, 2015 1:48 PM Carla Morreale; Teresa Takaoka Dave Aleshire (daleshire@awattorneys.com); Michael Throne LATE CORRESPONDENCE Point Repair Design CWE PSA FINAL.pdf This is regarding item I on tonight's City Council agenda. A final form of the professional services contract for design engineering services with CWE is attached and will substitute for the agreement included with the staff report. The consultant has had a chance to review it and has no objections. Please include in late correspondence. Andy Winje, PE Senior Engineer Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Tel: 310-544-5249 1 I. CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and CWE - 1 - 01203.0006/277991.2 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND CWE THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this __ day of , 2015 by and between the City of Rancho Palos Verdes, a California municipal corporation ("City") and CWE , a California Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULT ANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at "all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. -2 - 0 l20300006/27799L2 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1. 7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes - 3 - 01203 0006/277991.2 of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Forty Nine Thousand Nine Hundred Fifty Six Dollars ($149,956.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. - 4 - 01203.0006/277991.2 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five ( 45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3 .1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this - 5 - 01203.0006/277991.2 reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Vik Bapna Principal (Name) (Title) William F. Young Director of Engineering (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be - 6 - 01203. 0006/277991.2 under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the Director of Public Works or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services - 7 - 0 l 203. 0006/277991.2 required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CGOOOl or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. - 8 - 01203 .0006/277991.2 (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B". 5 .2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out ofactivities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. - 9 - 01203.0006/277991.2 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5 .3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5 .1, and such certificates and endorsements shall be provided to City. 5 .3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; ( c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. -10 - 01203.0006/277991.2 Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency oflnsurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of -11 - 01203.0006/277991.2 work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release oflnformation. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. ( c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. ( d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, -12 - 01203.0006/277991.2 notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. -13 - 01203. 0006/277991.2 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7 .6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. -14 - 01203.0006/277991.2 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. -15 - 01203.0006/277991.2 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9 .2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9 .3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9 .4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels -16 - 01203.0006/277991.2 any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9 .5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials --- 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. 01203.0006/277991.2 [SIGNATURES ON FOLLOWING PAGE] -17 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. Aleshire, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Mayor CONSULTANT: CWE A California Corporation By: ___________ _ Name: Vik Bapna Title: CEO/CFO By: ___________ _ Name: Jason Pereira Title: President Address:1561 East Orangethorpe Avenue Suite 240 Fullerton, California 92831 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -18 - 01203. 0006/277991.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ST ATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _______________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORA TE OFFICER TITLE(S) PARTNER(S) D D ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL D D D D D GUARDIAN/CONSERVATOR OTHER ------------~ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ST ATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ______________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNER(S) D D LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ___________ ~ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/277991.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: 1. Project Management and Meetings A kickoff meeting will be held once the Project is awarded to discuss potential issues related to each of the storm drains to be replaced. Understanding the potential issues is key to resolving concerns before they become problems. This meeting will provide a foundation for communication and an opportunity for CWE to gain an understanding of the City's expectations and concerns regarding each of the tasks identified in the Scope of Work. Anticipated items for discussion include, but are not limited to, data availability and data needs, City standards related to design plans, and City preferences regarding storm drain materials and installation methods, especially concerning private parcels. Three (3) additional in-person progress meetings will be held following the City's review of each Design Report submittal (30, 60, and 90 percent as described under Task 7). Comments, questions, and concerns will be discussed at these meetings and an approach for moving forward will be agreed upon so that the Project can stay on schedule. CWE will also attend the pre-bid meeting to provide clarification of design intent, limitations to reliability of information, and potential construction constraints as requested by potential bidders. A meeting agenda will be prepared for the kickoff meeting, in-person progress meetings, and the pre-bid meeting and will be the basis for the meeting summary, which will be prepared shortly after the meeting is held. Up to four (4) teleconference meetings will be held throughout the Project duration to discuss minor obstacles and potential solutions such that the design is progressing as the City intends and that the design aligns with the City's preferences. 2. Review Existing Records and Data CWE will gather and review available information pertinent to the Project, including, but not limited to, storm drain plans, topographic maps, video logs, Global Information System (GIS) data, the City's MPD, street base maps, relevant geotechnical studies, and tract maps. We assume that the City will provide the information relevant to each of the sites or an approach to obtaining it. Based on a preliminary review of available data, including the City's MPD, we have found inconsistencies between the City's MPD assumptions and field conditions. CWE will field review the video logs from the City to identify the concerns noted in the RFP or the City's MPD. CWE will conduct additional field review at each of the seven storm drain rehabilitation sites to identify essential topographic features, locate potential utility conflicts, determine possible issues with the existing and/or proposed alignments, and to verify drainage area boundaries. The field investigations will allow the design team to identify any potential issues that may impact the final design. Some of the sites include storm drains on private property. For those sites, we will work with the City to get access 01203.0006/277991.2 to verify site conditions. Key information regarding the field investigations for each of the sites is identified as follows: >-Location A -2058 Santa Rena Drive: access to private property to identify inlet, outlet in the street >-Location B -Enrose A venue, 150 feet south of Fairhill Drive: inlet and outlet accessible along trail easement and in the street >-Location C-Via Colinitajust north of Maine Road: inlet and outlet accessible from Via Colinita and Lorraine Loop Trails >-Location D -2727 Vista Mesa: inlets accessible from street, will need access to private property to see catch basin near end of pipe section to be replaced >-Location E -Palos Verdes Drive East at Marion Drive: inlet accessible, outlet not easily accessible >-Location F -4512 Palos Verdes Drive East: inlet accessible in street, will need access to private property to verify outlet >-Location G-28935 Palos Verdes Drive East: inlet accessible from street Information obtained through the document review and field investigations will be used to perform hydrologic and hydraulic analyses and will influence the final design. Pertinent results and findings will be summarized in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 3. Perform Hydrologic and Hydraulic Analysis CWE will perform hydrologic and hydraulic analyses for the pipes proposed for rehabilitation and noted as deficient, as summarized in Table 1. XPSWMM will be used to perform these analyses, consistent with the approach reported in the City's MPD. The Technical Appendices to the City's MPD (Technical Appendices D through M) state that detailed input and output associated with the modeling efforts may be obtained through the Department of Public Works. CWE assumes that the existing hydrologic and hydraulic models, and modeling results, will be available in electronic data format for our use. Generally, the existing models will be reviewed and input parameters will be verified and modified as necessary. If significant changes are necessary, model results from the City's MPD may be used to set Water Surface Elevations (WSE) and/or flow rates upstream and/or downstream of the systems modeled for rehabilitation. Proposed condition hydraulic models will be developed to verify the proposed improvements will improve the performance of the system. Various simulations will be performed to optimize the system in terms of performance and cost. For example, the MPD identifies a 4-foot by 2-foot RCB as the required improvement for Location B, which, as previously discussed, could provide a capacity much greater than what is necessary. This conveyance could be reduced in size, which would save money and allow for easier installation. 01203.0006/277991.2 Rehabilitation Location Model? Modeling Notes ~ System not noted as deficient in MPD Location A -2058 Santa Maybe ~ Prepare proposed conditions model, if necessary, to Rena Dr. optimize improvement ~ To be verified de endin on data reviewed in Task 2 Location B -Enrose Ave., ~ Noted as deficient in MPD (verify) 150 feet south of Fairhill Dr. Yes ~ Prepare proposed conditions model to optimize im rovement Location C -Via Colinita just Maybe ~ System not noted as deficient in MPD north of Maine Rd. ~ To be verified de endin on data reviewed in Task 2 Location D -2727 Vista ~ Noted as deficient in MPD (verify) Mesa Yes ~ Prepare proposed conditions model to optimize im rovement Location E -Palos Verdes ~ Noted as deficient in MPD (verify) Dr. East at Marion Dr. Yes ~ Prepare proposed conditions model to optimize im rovement ~ Noted as deficient in MPD Location F -4512 Palos Maybe ~ Prepare proposed conditions model, if necessary, to Verdes Dr. East optimize improvement ~ To be verified de endin on data reviewed in Task 2 Location G -28935 Palos Maybe ~ System not noted as deficient in MPD Verdes Dr. East ~ To be verified de endin on data reviewed in Task 2 A description of the analysis and results, along with supporting design recommendations, will be included in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 4. Topographic Survey CWE will perform a topographic survey at each of the rehabilitation sites (Locations A through G). The two-foot contours available from the Los Angeles Region Imagery Acquisition Consortium (LARIAC) will be used for the development of the hydro logic models; however, site specific surveyed topography is critical for the design plans. It is assumed that the City will provide all access agreements for our crews to access private properties. CWE will research County and City record data for Centerline, Right of Way, Survey control, existing geodetic control, and design network plan. We will establish the horizontal survey control to NAD 83, Zone V and vertical control on NA VD 88. Existing City monuments will be used to establish centerline of streets alignment and tract lot lines. The topographic survey data will be used to generate base maps for the design plans. The topographic survey maps will be prepared and included in the 30 Percent Design Report (Task 7.2); therefore there are no deliverables directly related to this task. 5. Geotechnical Investigation 01203.0006/277991.2 CWE proposes to bore seven (7) borings using a hollow stem auger drill rig that will extend to depths of up to 15 feet, and up to nine (9) shallow hand auger borings in inaccessible areas to approximate depths ranging between 5 and 10 feet. Test samples will be collected during drilling in general accordance with the appropriate American Society for Testing and Materials (ASTM) methods. Standard Penetration Testing (SPT) and sampling using standard split-spoon or Modified California samplers will be performed at approximately 2.5-foot intervals for the upper 10 feet below ground surface followed by samples at 5-foot intervals to the maximum depths drilled. Bulk samples will be collected for the upper soils encountered in each boring. In addition, we will observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. We will contact Underground Services Alert (USA) for location of utilities in public easements. The CWE Team assumes that no drilling permits or traffic control will be required to perform our field services and all permits will be issued by the City at no cost. However, traffic control setup will conform to the Work Area Traffic Control Handbook (WATCH). The samples will be tested in the laboratory to determine physical engineering characteristics. The final geotechnical report will include visual classification, moisture content, sieve analysis and strength tests, and corrosivity as appropriate. Additionally, data will include boring logs, groundwater levels, site preparation and earthwork recommendations, and shoring recommendations. 6. Environmental Compliance and Permits CWE agrees with the City's assertion that the Project will be categorically exempt under the California Environmental Quality Act (CEQA). The Project may fall under Class 2 (15303) of the CEQA Statutes and Guidelines (2014), which consists of "the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structure replaced." CWE will prepare a Notice of Exemption (NOE) for the City to file, upon City Council's action to limit the statute oflimitation to 35 days. Based on our preliminary review, permits may be required from the United States Army Corps of Engineers (USA CE) under Clean Water Act (CW A) Section 404, the Los Angeles Regional Water Quality Control Board (Regional Board) based on the CW A Section 401 requirements, and the California Department of Fish and Wildlife (CDFW) pursuant to Section 1602 of the Fish and Wildlife Code. The Project components that discharge directly into natural open channels will require these permits, such as Locations C and E. If each of the project components requiring these permits are being packaged together for bid and construction (discussed in more detail under Task 7) then one permit application can be prepared covering each of the sites. If the sites requiring these permits are not packaged together for bid and construction, individual permit applications will be required. CWE has scoped the preparation of a single permit application package to include all seven 01203.0006/277991.2 sites for each of the permit applications under this task. Separate applications for each site are not included in this scope. All seven sites are located outside of the California Coastal Zone; therefore a Coastal Development Permit will not be required. Under Section 404, CWE will prepare a single application package for obtaining authorization under Nationwide Permit #3, Maintenance. CWE will prepare an application using the South Pacific Division Nationwide Permit Pre-Construction Notification Form. At a minimum, it will take 75 calendar days to obtain the permit, assuming the application package is complete during the first submittal. If the application package needs to be revised, the days until approval will increase by the number of days it takes to revise the package plus 30 additional days. We have successfully navigated these application packages by having early communication with USACE so that the review process moves along smoothly As part of the Section 404 permit application, a biological assessment will need to be conducted. Based on the Endangered Species Act, all federal agencies (USACE as the permitting agency) are required to conserve endangered and threatened species. Based on preliminary review, the Project may impact the Palos Verde Blue Butterfly (endangered) and Coastal California Gnatcatcher (threatened). A preliminary survey will be conducted for potential impact areas and the results will be included with the Section 404 application. CWE would also discuss with the City the potential of using any available mitigation land the City had banked in the reserves. The existing reserves could have excess acreage credits that could be used as off-setting mitigation for any lost habitat as a part of this project. A pre-requisite for the Section 404 authorization is the Section 401 Water Quality Certification. CWE will prepare and submit the application package to the Regional Board, which will include a description of the project, including the purpose and final goal, along with completed design plans. A detailed description of all measures to be taken to prevent the Project from adversely affecting the water quality and beneficial uses must be included. It typically takes between 60 days and one year to obtain this permit. CWE will prepare the application package on behalf of the City. We will also discuss the Project with the Regional Board during the preliminary design stages to make them aware of the future application package. It is recommended that the 60 percent design plans focus on developing complete plans for the locations needing permit coverage so that the application packages can be submitted as soon as possible. CWE recently obtained Section 404 and Section 401 permits from USACE for the City of Burbank's Johnny Carson Park project and San Bernardino County Lake Gregory Sediment Management project. A Notification of Lake or Streambed Alteration must be submitted to Region 6 of the CDFW pursuant to Fish and Wildlife Code 1602. The application must include applicable special status studies, biological assessments, and hydrological studies. The application package will be reviewed by the CDFW for completeness and once complete, CDFW will determine whether a Streambed Alteration Agreement is required. The approval process will take 90-120 days, assuming the application package is complete the first time it is submitted. If a Streambed Alteration Agreement is not necessary, the approval process will take approximately 30 days from the date the complete package is submitted. It is 01203.0006/277991 .2 assumed that the City will pay for all permit and filing fees required for the permits and the NOE filings. 7. Plans, Specifications, and Estimates (PS&Es) CWE will prepare 24"x36" construction plans in AutoCAD Civil 30 format for the Project. A total of 16 plan sheets are estimated to be developed. The plans sheets for bidding and construction will be stamped by our experienced Project Manager who is registered as a Civil Engineer for over 30 years in the State of California. The construction plans will be geospatially referenced in North American Datum (NAO) 1983 California Zone V so that they can be opened in ArcGIS. The construction plans will include plan and profile views for each of the Project components along with applicable details. Details and notes will incorporate all City required items and National Pollutant Discharge Elimination System (NPDES) requirements. At a minimum, the plans will include the items identified in the RFP and additional items we have identified (as applicable): >-Manhole and junction structure types and details >-Concrete collars for connections >-Pipe sizes, material, class, and slope >-Hydraulic grade line CWE will prepare specifications for the Project based on the 2015 Edition of the American Public Works Association (APWA) Greenbook. The specifications will contain the requirements of the contractor consistent with the provisions of the NPDES Permit(s) and the Clean Water Act. Based on our experience, the project special provisions will be edited based on the Greenbook, however, if necessary, the California Department of Transportation (Caltrans) standard specifications may be used. The specifications will include a cover page and table of contents, notice inviting bidders, instructions to bidders, proposal (bid) pages, contract pages, special provisions (including technical specifications), and exhibits and appendices necessary to convey design intent (including calculations, geotechnical report, standard plans, etc.). CWE will prepare an Engineer's Estimate for Construction for each of the pipe rehabilitation locations. The cost estimate will be prepared using standard engineering procedures and will be based on various sources of information and the cost estimator's best judgement. Calculations justifying the design decisions pertaining to hydrology, hydraulics, sedimentation production, foundations, and structural elements, will be submitted as described in the tasks below. Hydrology and hydraulic calculations will be performed according to the Los Angeles County Hydrology Manual (2006) and Los Angeles County Hydraulic Design Manual (2002). Sediment production calculations will use the methodology described in the Second Edition of the Los Angeles County Sedimentation Manual (2006). Foundation and structural calculations will demonstrate that the design and materials can resist anticipated forces, including, but not limited to, hydraulic (hydrodynamic), flood (hydrostatic), scour and undermining, dead loads (trench bury), traffic loads, and surcharge loads 01203.0006/277991.2 7.1. Utility Search CWE will obtain existing street, water, sewer, storm drain, and utility plans and maps from the City. We will conduct a preliminary utility search based on our proprietary accessibility to the DigAlert records. Based on the results of the preliminary search, we will send preliminary search letters to all know utilities in the area, advising them of the project and requesting additional utility information. As project design progresses, CWE will send a second notice requesting that each utility verify locations of its facilities and identify any possible conflicts. A preliminary set of plans ( 60%) will be included with the second utility notice, and a final utility notice including final plans ( 100%) will be submitted with the final utility notice. CWE will maintain a complete record log of all utility contacts and responses and provide a copy of all correspondence to the City. 7.2. 30 Percent Design Report CWE will prepare a 30 percent Design Report that will include the methodologies used, results, and/or findings related to the data review, hydrologic and hydraulic analyses, topographic survey, geotechnical analyses, and conceptual plans for each of the proposed storm drain rehabilitation sites. It is anticipated that the report will include sections on the project background and goals, existing conditions (topography, hydrology, hydraulics, and soil condition), modeling approach and results (including calculations), permit requirements, and conceptual design. At a minimum, the attachments will include the topographic maps based on the survey performed (identified in Task 4 ), geotechnical report, modeling results, calculations (as applicable), and conceptual design plans. It is our understanding that the City will require five business days to review documents. A meeting will be held to discuss comments, as mentioned under Task 1. All comments will be incorporated into the 60 percent Design Report as described below. 7.3. 60 Percent Design Report CWE will prepare the 60 percent Design Report as an extension to the 30 percent Design Report. The 60 percent Design Report will address comments provided on the previous report and will include detailed design drawings ( 60 percent design). Additional calculations associated with design details will be included along with preliminary Special Provisions and Notice Inviting Bidders, including the allowed working days and recommendations for liquidate damages). Materials, access requirements, and an initial cost estimate will also be included. The 60 percent cost estimate will be prepared in Microsoft Excel format and will include a 20 percent contingency. It is our understanding that the City may want to put the Project out to bid in different packages. As the preliminary cost estimates are established, CWE will talk with the City to identify possible packages (combinations of different pipe rehabilitation segments). The design plans will be set up strategically so that the sheets include segments that may be packaged together if a packaging approach is agreed upon by the City. Packaging segments will allow the City to spread out their funds as necessary; however, this approach may cost more money, as contractors will have multiple mobilization costs. The 60 percent Design Report will include updated sections previously identified and new sections for the final design and cost estimates. The 60 percent design plans, preliminary Special Provisions and Notice Inviting Bidders, and the cost estimate will be included as attachments. It is our 01203. 0006/277991.2 understanding that the City will require five business days to review documents. A meeting will be held to discuss comments, as mentioned under Task 1. All comments will be incorporated into the 90 percent Design Report as described below. 7.4. 90 Percent Design Report CWE will prepare the 90 percent Design Report as an extension to the 60 percent Design Report. The 90 percent Design Report will address comments provided on the previous report and will include detailed design drawings ( 100 percent design, to be revised one more time). Finalized calculations associated with design details will be included along with a draft bid package and the engineer's estimate including 10 percent contingency. New sections of the report are not anticipated. We assume that the report will be finalized with this submittal. It is our understanding that the City will require five business days to review the final construction plans, specifications, and estimates. A meeting will be held to discuss comments, as mentioned under Task 1. All comments on the PS&Es will be incorporated into the 100 percent PS&Es as described below. 7.5. 100 Percent PS&E CWE will prepare 100 percent stamped and signed original reproducible construction plans and specifications for bidding. The engineer's estimate will be updated to reflect any changes between the 90 percent Design Report submittal and the final plan submittal. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: 1. Project Management and Meetings Meeting agenda and summary for the kickoff meeting, three (3) in-person progress meetings, and pre-bid meeting 2. Review Existing Records and Data Results and findings will be summarized in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 3. Perform Hydrologic and Hydraulic Analysis Analysis and results, along with supporting design recommendations, will be included in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 4. Topographic Survey Topographic survey maps will be prepared and included in the 30 Percent Design Report (Task 7.2); therefore there are no deliverables directly related to this task. 5. Geotechnical Investigation 01203.0006/277991.2 Preliminary geotechnical report that will include visual classification, moisture content, sieve analysis and strength tests, and corrosivity as appropriate. Additionally, report data will include boring logs, groundwater levels, site preparation and earthwork recommendations, and shoring recommendations. 6. Environmental Compliance and Permits ~ One (1) electronic copy of the NOE, to comply with CEQA requirements ~ One (1) electronic copy of the CW A Section 404 application package for submittal to USACE ~ One (1) electronic copy of the CWA Section 401 application package for submittal to the Regional Board ~ One (1) electronic copy of the Section 1600 Streambed Alteration Agreement 7. Plans, Specifications, and Estimates (PS&Es) Deliverables are listed in Tasks 7.1 through 7.5 below. 7.1. Utility Search ~ First and second Utility Notice letters ~ Log of Utility Contacts 7.2. 30 Percent Design Report ~ One (1) hardcopy and one (1) electronic (PDF) copy of the 30 percent Design Report 7.3. 60 Percent Design Report ~ One (1) hardcopy and one (1) electronic (PDF) copy of the 60 percent Design Report 7.4. 90 Percent Design Report ~ One (1) hardcopy and one (1) electronic (PDF) copy of the 90 percent Design Report 7.5. 100 Percent PS&E ~ One (1) 24"x36" hardcopy, and one (1) electronic copy in PDF and AutoCAD format of the 100 percent PS&Es ~ One (1) unbound hardcopy and one (1) electronic (PDF) format of the specification package III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Project Status Reporting 01203.0006/277991.2 Project Status Reports will be sent to the City monthly through the project design phase. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. William Young, Project Manager B. Vik Bapna, Principal-in-Charge 01203.0006/277991.2 None 01203. 0006/277991.2 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the rates shown on Exhibit C-1 and summarized below: TASK 1. Project Management and Meetings 2. Review Existing Records and Data 3. Perform Hydrology and Hydraulic Analysis 4. Topographic Survey 5. Geotechnical Investigation 6. Environmental Compliance and Permits 7. Plans, Specifications and Estimates II. Not Used. SUB-BUDGET $9,890 $8,872 $10,640 $12,900 $13,836 $14,542 $79,276 III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $149,956 as provided in Section 2.1 of this Agreement. 01203 0006/27799 l.2 VI. The Consultant's billing rates for all personnel and details of personal effort expected to complete each task are attached as Exhibit C-1. 01203.0006/277991.2 EXHIBIT C-1 Sr. Proj Technical Senior Project Design Assistant Senior licensed CAD Project Adm in Sub Sub Sub Task Description Mgr Mgr. Engineer Engineer Engineer Engineer EnvSci Surveyor Desinger Coord. Asst ODCs Markup Consultant Consultant Totals hourly rate $ 218 $ 191 $ 156 $ 137 $ 114 $ 92 $ 116 $ 145 $ 92 $ 82 $ 75 $ 10% Terracon Biologist 1 Project Management & Meetings 24 34 $ 9,890 2 Review Existing Records and Data 8 8 40 16 $ 8,872 3 Perform Hydrologic and Hydraulic Analyses 10 10 80 $ 10,640 4 Topographic Survey 4 12 64 12 $ 12,900 5 Geotechnical Investigation 1 $ 1,197 $ 11,965 $ 13,380 6 Environmental Compliance and Permits 4 4 60 $ 610 $ 6,100 $ 14,998 7 Plans, Specifications, and Estimates (PS&E) 7.1 Utility Search 4 24 4 $ 500 $ 3,556 7.2 30% Design Report 10 8 36 88 68 40 2 2 $ 28,642 7.3 60% Design Report 18 16 14 54 72 36 2 2 $ 24,744 7.4 90% Design Report 10 6 8 36 56 10 2 1 $ 14,627 7.5 100% P5&E 5 8 18 28 8 1 1 $ 7,707 Total Hours 84 10 30 134 240 344 60 64 106 7 10 Total Fees $ 18,312 $ 1,910 $ 4,680 $ 18,358 $ 27,360 $ 31,648 $ 6,960 $ 9,280 $ 9,752 $ 574 $ 750 $ 500 $ 1,807 $ 11,965 $ 6,100 $ 149,956 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Except as otherwise described below, Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney's office. II. Consultant shall deliver the following tangible work products to the City by the following dates based upon receiving a Notice to Proceed prior to December 22, 2016. A. 30 Percent Design Report; February 5, 2016 i. Tasks 2-5 are incorporated into the 30 Percent Design Report. Upon receipt of the written deliverables from Tasks 2-5, the City and any applicable regulatory agencies shall review the written deliverables and may require Consultant to revise the written deliverables for inclusion in the 60 Percent Design Report and 90 Percent Design Report B. 60 Percent Design Report; March 11, 2016 C. 90 Percent Design Report; April 8, 2016 D. Environmental Compliance and Permit Applications; April 8, 2016 E. 100 Percent PS&E; April 29, 2016 III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.0006/2779912 From: Sent: To: Subject: For late correspondence ... Leza Mikhail Senior Planner Leza Mikhail Tuesday, December 15, 2015 8:26 AM Carla Morreale; Teresa Takaoka F\N:\Nestern Ave City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov (310) 544-5228 -(310) 544-5293 f lezam@rpvca.gov *Please Note: Effective 02/20/15, the City's new email address is "@rpvca.gov" Please update your contact information for me to reflect lezam@rpvca.gov as my new email. -----Original Message----- From: evonmuaina@gmail.com [mailto:evonmuaina@gmail.com] Sent: Tuesday, December 15, 2015 5:36 AM To: Leza Mikhail <LezaM@rpvca.gov> Subject: \Nestern Ave Hi, my name is Evon Muaina. My family and I have lived in the area for almost 40 years. In that time I have seen many changes. One of the changes that has had a huge impact on the area is the traffic. \Nestern Ave at school times and traffic times can be a nightmare. \Nestern Ave needs full use of the lanes that we presently have (more would be nice!). Please do not do what was done on \Nestmont. I NEVER see bikes on \Nestmont. The traffic is better because no one wants to put up with just one lane ... But the traffic had to go somewhere! Santa Cruz and First Street traffic is worse. \Nestern Ave needs better right turn lanes, and smarter left turn arrows. Red arrows back up the traffic at several intersections. Many areas of the country have solved that problem. \Ne can too! Eliminating parking along \Nestern seems to be necessary although I know it would create problems for some of the apartments. There are not very many "escape routes" out of San Pedro in case of emergencies, please don't make it worse. Thank you for listening to my concerns. Sincerely, Evon Muaina 1 /. From: Sent: To: Subject: Dear RPV City Council, Sevenfrkas <sevenfrkas@aol.com> Tuesday, December 15, 2015 9:53 AM cc WESTERN AVENUE-No to bike lanes PLEASE, NO bike lanes on Western Avenue. The traffic and road rage is horrendous now. This will make it worse and Ponte Vista hasn't been built yet. The bike lanes in this area have been useless and traffic producing. Please so not let these mistakes continue on a major roadway. Please say No to this plan. Sincerely, Lisa and Mike Frka 2029 Avenida Aprenda, RPV 1 /. From: Sent: To: Cc: Subject: Ted Ernst <tfixedgear@cox.net> Tuesday, December 15, 2015 4:17 PM cc Leza Mikhail Western Avenue Cycling Honorable Mayor and City Council: Your proposal for adding a bicycle lane on Western Avenue will be received by many many people as being in keeping with a big step forward for safety, efficiency, environment, and any number of other reasons. By adopting this plan you will join many cities world wide in planning for the future well-being of not only your residents as well as those commuting, passing thru, or visiting your city for shopping, business, family, work, and more. My cycling along Western Ave began in 1960 after moving to the South Bay. The flow of movement still allowing for two automobile lanes in each direction without having to be on edge from traffic going around parked cars, vehicle drivers opening doors either in front of unsuspecting vehicles or cyclists, is such a positive solution to an accident waiting to happen. I'm aware of cycling dangers more than the average citizen in that the bicycle business started with my dad in 1934, then my own shop in Manhattan Beach beginning in 1960, and either cycling or traveling in over 30 countries. I strongly am in favor of this plan as presented to you by your staff and urge you to pass this plan knowing that you are looking to the future in a positive direction. The South Bay area is one of the most popular cycling destinations in Southern California, please help make it safer. Sincerely, Ted Ernst Resident, Palos Verdes Estates Member, US Cycling Hall of Fame, Class 2006 Member, South Bay Beach Bicycle Path Citizen's Advisory Board 1970's Founder South Bay Wheelmen Cycling Club 1961 Founder Manhattan Beach Grand Prix Bicycle Races 1962 1 /. From: Sent: To: Subject: Attachments: Hello Cory, Andrea Vona <avona@pvplc.org> Monday, December 14, 2015 4:33 PM Cory Linder; CC letter re Council Meeting 15, Palos Verdes Nature Preserve EnforcementDiscussion_12_14_15.pdf Thank you for bringing forward recommendations to enhance the enforcement of the Palos Verdes Nature Preserve. We are excited about continuing this conversation and for the opportunity to better the Preserve. Please see the attached letter as it relates to this item on the City Council agenda. Sincerely, Andrea Andrea Vona Executive Director Palos Verdes Peninsula Land Conservancy 310-541-7613 X204 310-930-0583 (cell) "Preserving land and restoring habitat for the education and enjoyment of all. II 1 ~. PRESERVING LAND AND RESTORING HABITAT FOR THE EDUCATION AND ENJOYMENT OF ALL December 8, 2015 Cory Linder, Director, Recreation and Parks City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Subject: Palos Verdes Nature Preserve Enforcement Options Dear Cory, As a follow up to the Council meeting in October of 2015, the Land Conservancy remains grateful and supportive of the consideration of additional enforcement in the Palos Verdes Nature Preserve. In our letter dated, October 16, 2015 we demonstrated a correlation gap in incident reports as recorded by the Volunteer Trail Watch participants and citations issued. Since the October 20, 2015 council meeting there has been an additional Ranger Report issued covering the period of July-September 2015. During this timeframe 8 citations were given in the Preserve and there were 80 observations by the Volunteer Trail Watch of incidents of people violating the Preserve Rules. The previously established correlation gap appears to continue today. We have had a conversation with Sergeant Shive to explore what enforcement would look like as offered from the Sheriffs Department. From this conversation, and if this enforcement option were to be pursued, it seems that it would be optimal for the patrols to be on foot or horseback and to limit the amount of motorized vehicles in the Preserve and that two part time individuals are preferable to one full time position to maximize flexibility of shifts. We understand that the City is also considering an "in-house" or staff enforcement position(s). In consideration of either Sheriffs or an "in-house" option, an important and critical consideration is that the employee or contracted entity be given clear directions about expectations to make contact with people who are not following Preserve rules and to follow up with appropriate citations. Currently the Rangers duties include a significant amount of time at beaches. We feel that to ultimately reduce the amount of rule breaking in the Preserve, a priority should be given to maximize the amount of time spent in the Preserve. Lastly, budgets should include provisions to on occasion place cameras in areas where there are continuous violations of laws and Preserve rules, and/or in location s where 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7613 WWW.PVPLC.ORG excessive habitat damage is occurring as a tool to help identify the cause of recurring damage. Thank you for your consideration and the opportunity to provide these comments. Sincerely, Andrea Vona, Executive Director Palos Verdes Peninsula Land Conservancy cc: Doug Willmore, City Manager RPV City Council 916 SILVER SPUR ROAD# 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7623 WWW.PVPLC.ORG CITY OF RANCHO PALOS VERD ES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK DECEMBER 14, 2015 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, December 15, 2015 City Council meeting: Item No. c E 1 Description of Material Email from Sharon Yarber Emails from Sunshine Emails from: Leslie Galvan; Jeanne Lacombe; Pete Lacombe; Theresa Montoya; Patti Laney R~: ~ UV~ Carla Morreale W:\AGENDA\2015 Additions Revisions to agendas\20151215 additions revisions to agenda thru Monday.doc From: Sent: To: Cc: Subject: Doug and Dave, sharon yarber <momofyago@gmail.com> Saturday, December 12, 2015 3:44 PM Doug Willmore; Dave Aleshire cc Thank you! I do not know which of you is more responsible for the change in the manner that the legal services of the city attorney are being set forth on the Register of Demands, but it is a refreshing change to see some detail so that the public has a better idea of what is being spent in legal fees for the various issues in the City. This is a great step in your efforts at increased transparency. Thank you so much. Sharon Yarber 1 C. From: Sent: To: Cc: Subject: Attachments: Hi Paul, SunshineRPV@aol.com Friday, December 11, 2015 12:41 PM Paul Christman CC; Andy Winje How to avoid having the City pay for an unwanted balcony railing 2015 Section Z -0640.pdf Attached is SECTION Z from some trail user's suggestion on how to solve the existing trail obstruction further south on the easement. At the time we were informed about the 30 inches down but not the 36 inches out code about balcony railings. We have since learned that the new wall at 2477 Sunnyside Ridge Road is not encroaching on the City's trail easement. The wiggily line is existing grade. I am hoping that you can explain to everyone involved that if the existing condition north of the 2443 side yard gate is left as is, no balcony railing is required on the 2477 wall and that one should have been a condition of the most recent improvements in the 2443 side yard setback. The item on the Council's Agenda for December 15, 2015 is about work on the easement south of the 2443 side yard gate. I'm just trying to avoid unnecessary work and expense north of the gate which is in an accepted bid. Thank you for whatever you can share. SUNSHINE 310-377-8761 1 £ t'-t 7 7 DQ\\(f.'._VJA \J -- I i >o'' I 1. "' -. -I i·.,..._ , . ~ __ · /'-.....__ I I -, "-----, . cl SEC.-r'ION Z 5v,i\\t--J '{S l 0S. R tD &tS::.. '\ ~ 1 r,:.,. 1-;_ 1z r ) iN; !\ t 1:_: (.J r) \ 1 , 1 1 i ~ r-\ ' LI \_., l l ... -... \ I \. ' ,,;V I I G 6/Yfl::. _; I I l I ! jtf lf 3 1+ '-O ! TREl~1 D -{ I ------·---· - I I PR( SIV\ iO '-o 1/~-I/ -::: I _1_ () 8 I ).O I 0 q- ~e..v\ ,·e.~ :L / "-o J fl-D \ 5' From: Sent: To: Subject: MEMO from SUNSHINE SunshineRPV@aol.com Saturday, December 12, 2015 10:54 AM CC; Doug Willmore; Michael Throne; Andy Winje; Lauren Ramezani 12/15/2015 Council Consent Calendar Item E. Sunnyside, again TO: RPV City Council, RPV City Manager and interested parties RE: 12/15/2015 Council Consent Calendar Item E. Sunnyside, again The minutes of your direction to bring this item back are not yet available for your approval. Here is the City Clerk's rough draft. DRAFT Motion (Short Excerpt) Councilman Duhovic moved, seconded by Councilwoman Brooks, to remove this item from the agenda, with input received from residents to be addressed, and place it on the December 15, 2015 Council Agenda. City Attorney Aleshire noted that there is not yet a finalized License Agreement for this item. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None *** Given the "input" i.e. number of suggestions/options, I am delighted that Staff decided to pursue the one to put the new, easterly wall on the City's easement. That sure simplifies the Agreement with Mr. DeGirolamo. I am disappointed that they added the PROVISION OF PRIVACY FENCE to the Agreement. That should be a totally separate deal. And, the City has no business paying for any portion of it. I have confirmed with the neighbor just north of 2443 Sunnyside Ridge Road that no one has contacted her about how restoring the trail 1 across Greenwood Canyon might make a privacy fence advisable. How about the other adjacent neighbors? There are three of them on the west side of the 100 foot wide portion of the easement. It is my understanding and the construction drawings confirm that the City has no intension of demolishing the wall which is owned by the Grantor. However, that language is still in the proposed Agreement. The way I read it, since the Contractor may not use Johnny's driveway, "the Work" could possibly dribble a little dirt onto Johnny's pavers. That should not require a four page agreement to be sure it gets cleaned up. For that matter, a condition of the construction of the house at 2477 precluded that contractor from doing any work on the easement. That is when the physical trail should have been relocated/restored. I don't want to cause any further delays. The RPV General Plan simply calls for preserving this equestrian trail connection in an equestrian overlay district. It is up to Staff, with some oversight from the Council, to right the past wrongs in a timely and cost effective manner. So sorry the public still has no way to comment on Consent Calendar items except late correspondence. 2 From: Sent: To: Cc: Subject: Hi Lauren, Two questions: SunshineRPV@aol.com Monday, December 14, 2015 12:05 PM Lauren Ramezani CC; Doug Willmore; ckmeisterheim@gmail.com; alg9605@yahoo.com; Amcdougalll @yahoo.com; robert.laman@dslextreme.com; CMOneil@aol.com; ckotowski@sbcglobal.net; winton4jesus@juno.com; jlOOO@cox.net; jeanlongacre@aol.com; Bojay@dslextreme.com; jdegirolamo@me.com; lrne@sbcglobal.net; PVpasofino@yahoo.com; patpoddatoori@yahoo.com; briggsrod@gmail.com; pvpra.president@gmail.com; sharigraner@aol.com; momofyago@gmail.com; beachjake@sbcglobal.net; smhvaleri@cox.net Request for clarification. Sunnyside Item E You wrote: The subject of the staff report is regarding design revisions for a small portion of the project from Sunnyside Ridge for the length of the 10 feet easement between the two homes. EXHIBIT A, WORK AREA has not been revised. It indicates less than half of the length of the 10 foot easement. The construction drawings do not locate the "60 feet" that the draft agreement states. Which takes precedence in a court of law? Someone wrote in the Staff Report: pending final approval as to form by the City Attorney. I inquired but was never told who wrote the 1211/2015 draft of the Agreement. I have been told that the City Attorney drafted the 12115/2015 version. If this is the case, why would he need to approve the form? I truly hope you are correct in stating... This item should not impact or change any other parts of the project. SUNSHINE 310-377-8761 Subject: Sunnyside Ridge Trail Project Date: 12/14/2015 8:56:24 AM. Pacific Standard Time From: LaurenR@rpvcagov To:ckmeisterheim@gmail.com, al g9605@yahoo. cot)}, Amcdougall l@yahoo.com, robert. laman@dslextreme.com, CMOnei l@aol.com, ckotowski@sbcglobal.ne!, winton4jesus@juno.com, j 1 OOO@cox.net, jeanlongacre@aol.com, Bojay@dslextreme.com, jdegirolamo@me.co111 lrne@sbcglobal.ne!, PVpasofino@yahoo.co111 patpoddatoori@yahoo.com, briggsrod@gmail.com, pvpra.president@gmail.com, sharigraner@aol.com, momofyago@gmail.com, beachjake@sbcglobal.net, sunshinerpv@aol.com Good morning, A link to a staff report is provided below. The subject of the staff report is regarding design revisions for a small portion of the project from Sunnyside Ridge for the length of the 10 feet easement between the two homes. This item should not impact or change any other parts of the project. Title: 1 E Approve Design Changes and Temporary Construction Easement related to Construction of the Sunnyside Ridge Trail Segment Project (Supports 2014 City Council Goal, Infrastructure) (Winje) Recommendation: 1) Approve revisions to the project design relocating the easterly retaining wall off private property and onto the public trail easement; 2) Approve a temporary construction easement with the property owner at 2443 Sunnyside Ridge Road to provide access to construct a portion of the project from his property and to make provision for a privacy fence to protect his backyard; and, 3) Authorize execution of the easement by the City Manager pending final approval as to form by the City Attorney. http://rpv.granicus.com/Meta Viewer.php?view id=5&event id=23&meta id=20895 Staff is looking forward to commencing this project. Thank you. Lauren Ramezani Sr. Administrative Analyst-Public Works December 11, 2015 Subject: Date: 12/15/2015 Council Consent Calendar Item E. Sunnyside, again 12/12/2015 10:53:55 A.M. Pacific Standard Time Frnm: SunshineRPV@aol.com To: cc@rpvca.gov, dwillmore@rpvca.gov, michaelt@rpvca.gov, andyw@rpvca.gov, laurenr@rpvca.gov BCC:pvpasofino@yahoo.com, momofyago@gmail.com, amcdougall l@yahoo.rom, pvpra.president@gmail.com, ken.delong@verison.rct, robert.laman@dslextreme.com, raymadelin@gmail.com, beachjake@sbcglobal.net, smhvaleri@cox.net leneebilski@hotmail.com, radlsmith@cox.ne!, cprotem73@verizon.net, jduhovic@hotmail.com, vdogregg@aol.co111 pfunky@dslextreme.com, jeanlongacre@aol.com MEMO from SUNSHINE TO: RPV City Council, RPV City Manager and interested parties RE: 12/15/2015 Council Consent Calendar Item E. Sunnyside, again The minutes of your direction to bring this item back are not yet available for your approval. Here is the City Clerk's rough draft. DRAFT Motion (Short Excerpt) 2 Councilman Duhovic moved, seconded by Councilwoman Brooks, to remove this item from the agenda, with input received from residents to be addressed, and place it on the December 15, 2015 Council Agenda. City Attorney Aleshire noted that there is not yet a finalized License Agreement for this item. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None *** Given the "input" i.e. number of suggestions/options, I am delighted that Staff decided to pursue the one to put the new, easterly wall on the City's easement. That sure simplifies the Agreement with Mr. DeGirolamo. I am disappointed that they added the PROVISION OF PRIVACY FENCE to the Agreement. That should be a totally separate deal. And, the City has no business paying for any portion of it. I have confirmed with the neighbor just north of 2443 Sunnyside Ridge Road that no one has contacted her about how restoring the trail across Greenwood Canyon might make a privacy fence advisable. How about the other adjacent neighbors? There are three of them on the west side of the 100 foot wide portion of the easement. It is my understanding and the construction drawings confirm that the City has no intension of demolishing the wall which is owned by the Grantor. However, that language is still in the proposed Agreement. The way I read it, since the Contractor may not use Johnny's driveway, "the Work" could possibly dribble a little dirt onto Johnny's pavers. That should not require a four page agreement to be sure it gets cleaned up. For that matter, a condition of the construction of the house at 2477 precluded that contractor from doing any work on the easement. I don't want to cause any further delays. The RPV General Plan simply calls for preserving this equestrian trail connection in an equestrian overlay district. It is up to Staff, with some oversight from the Council, to right the past wrongs in a timely and cost effective manner. 3 From: Sent: To: Cc: Subject: Late Correspondence Leza Mikhail Monday, December 14, 2015 7:19 AM Carla Morreale Teresa Takaoka Fw: Western Avenue Plan Sent using OWA for iPhone From: Leslie Galvan <lesliegalvan@sbcglobal.net> Sent: Monday, December 14, 2015 1:36:19 AM To: Leza Mikhail Subject: Western Avenue Plan Leza Mikhail, Senior Planner, I am writing to you to let you know that I support the traffic improvements that are planned for Western A venue, but I want to see the traffic improvements done first before any bike lanes are considered. It is most important that the flow of traffic be maintained for the safety of the public and then make very sure that if any bike lanes are added that they don't impact that. As I'm sure you know there has been lane reductions on Westmont Avenue just across Western Avenue and that has impacted traffic at peak times and added to pollution. I travel that street very often and in the years since this has happened I have only seen a handful of bikers using the bike lanes, so I greatly question the wisdom of that decision. I don't want to see that happen on Western A venue, especially with the planned development of more housing. Thank you, Leslie Galvan Leslie Galvan 1910 Galerita Drive Rancho Palos Verdes, Ca. 90275 FREE Animations for your email 1 /. From: Sent: To: Subject: Lacombe < chateau4us@att.net> Monday, December 14, 2015 10:43 AM cc Western Avenue Strategy Dear Mayor Dyda, Mayor Pro-Tern Campbell and Councilmembers Duhovic, Brooks and Misetich, I would first like to thank RPV City Manager Doug Willmore for the outreach he has made to the Rolling Hills Riviera HOA and addressing the concerns we had about the previous Western Avenue Guidelines. I would also like to thank planner Leza Mikhail of the Planning Department for all her hard work and prompt responses to my emails. I would suggest any wording about business entrances being on the street front be removed from this new Strategy. I would suggest that traffic mitigation efforts, and not just studies, be completed before the addition of bike lanes. If these recommendations be included then I would recommend the City Council approve this new Western Avenue Strategy. This will allow staff to move forward to obtain funding and begin working with Cal-Trans to move forward to improve Western Avenue. Jeanne Lacombe Rolling Hills Riviera HOA 1 I From: Sent: To: Cc: Subject: Lacombe < chateau4us@att.net> Monday, December 14, 2015 10:18 AM cc Doug Willmore; Leza Mikhail Western Avenue Corridor Street Enhancement Strategy City Council Members, City Manager Willmore, and Planner Leza Mikhail, Regarding the Strategy to be discussed at the City Council meeting on December 15th: Traffic Mitigation During an April RPV Planning Commission meeting residents asked for wording regarding traffic mitigation since Western is first and foremost a thoroughfare for automobiles. The previous document discussed traffic calming (slowing down traffic) and had literally no wording on traffic mitigation. This update discusses traffic mitigation in Section 4.1.G by referring to an unrelated traffic effort. I would have preferred the wording in 4.1.G tie directly to the installation of bike lanes to ensure bike lanes aren't added prior to traffic mitigation efforts. I would like wording added to this section acknowledging that Western Avenue is first and foremost a major thoroughfare for automobiles. There are 3 intersections in the Southern Segment that could be greatly improved with turn signals, improved timing, and longer turn lanes. Bike Lanes In my opinion, any meaningful objections to bike lanes were negated in the updated Strategy by: 1) Addition of wording in Section 4.1.G that (finally) mentions traffic mitigation efforts 2) Removing previous insistence on traffic "calming" measures (4.1. B states these efforts are "not proposed") 3) Removal of street parking 4) Minimizing/reducing curb cuts 5) Keeping current traffic lanes widths unchanged In the future, should bike lanes be drawn on the pavement with no other mitigation efforts implemented to offset the impact, residents will undoubtedly be very upset. Removal of Street Parking Currently street parking on Western is minimal. There are only four locations on the entire stretch of Western that typically have street parking. Two of the locations are in RPV -in front of Think Prime on Friday/Saturday nights and in front of Denny's/Broiler Express on weekend mornings. A blanket statement in the "Strategy" removing street parking should be carefully implemented to reduce impacts to those local businesses. Parking on the LA side can be easily accommodated as well. Buildings on the Street The original Guideline document was overwhelmingly draconian on its insistence that buildings fronts be relocated to the sidewalks with parking to the rear. The updated document softens that concept (new buildings versus remodels, for example) but the concept is still there in Section 5. Sections 5.1.B (1,2,3) and 5.2. B.1 should be removed entirely or clearly stated that they apply only to Los Angeles building owners. 1 I I understand that this Strategy document must satisfy the City of LA's desire to retro every street back to the 1880's, but this concept is not appropriate in the City of RPV. Future City staff, while updating Planning documents, will refer to this Strategy document and insist they are only going along with the previously approved Strategy. There is no discernible public benefit to forcing this issue on business owners in RPV. Kudos to City Staff It is obvious that Planner Leza Mikhail worked very hard to modify the previous "Guidelines". This was much more than an update -it was a total redo. I would like to thank her for the effort she made to keep the Western Avenue improvement alive and moving forward. I would like to acknowledge the leadership shown by City Manager Willmore on this issue. I assumed turning this thing around in such a short period of time would be impossible. But Mr. Willmore may have accomplished the task. He reached out, listened to residents, and implemented many of their concerns into the updated Strategy. While being scrutinized by members of the public over the previous Guidelines, Mr. Willmore demonstrated patience and professionalism. Recommendation If some of the simple modifications above are made, I would encourage the City Council to support the updated Western Avenue Corridor Street Enhancement Strategy at the December 15th City Council meeting. Thank you, Pete Lacombe 2052 Galerita Drive, RPV (Rolling Hills Riviera Homeowners Association) 2 From: Sent: To: Subject: For Late Correspondence ... Leza Mikhail Senior Planner Leza Mikhail Monday, December 14, 2015 11:01 AM Carla Morreale FW: Western Avenue Project L. City of <J<si,nclio Pafos o/erdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov (310) 544-5228 -(310) 544-5293 f lezam@rpvca.gov *Please Note: Effective 02/20/15, the City's new email address is "@rpvca.gov" Please update your contact information for me to reflect lezam@rpvca.gov as my new email. From: theresawhbm [mailto:theresawhbm@gmail.com] Sent: Monday, December 14, 2015 10:23 AM To: Leza Mikhail <LezaM@rpvca.gov> Subject: Western Avenue Project I absolutely agree on removing parking on western ave.! However the traffic congestion in the AM and PM due to Dodson Middle School pick up n drop off is a total mess!! The turn lanes consistently creates traffic back ups on Western!! Suggestions: 1. School needs to have better flow I control of drop off I pick up. 2. Longer turn lanes so cars turning can be out of flow of traffic. 3. Traffic Police stationed to control the traffic. 4. No turns allowed from western ave into dodsons neighborhood during morning and afternoon hours Thank You Theresa Montoya 310-344-7454 1 I From: Leza Mikhail Sent: To: Monday, December 14, 2015 11:01 AM Carla Morreale Subject: FW: Traffic Concern in Crestwood Neighborhood For Late Correspondence ... Leza Mikhail Senior Planner l City of <J(ancfio PaCos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov (310) 544-5228 -(310) 544-5293 f lezam@rpvca.gov *Please Note: Effective 02/20/15, the City's new email address is "@rpvca.gov" Please update your contact information for me to reflect lezam@rpvca.gov as my new email. From: theresawhbm [mailto:theresawhbm@gmail.com] Sent: Monday, December 14, 2015 10:38 AM To: Leza Mikhail <LezaM@rpvca.gov> Subject: Traffic Concern in Crestwood Neighborhood Please forward to personal in charge to view below "safety concern". Parking on BayEnd between Trudi an MacArthur Streets. Bay End is extremely busy in the AM and PM with pick up and drop off for both Miraleste Intermediate and Crestwood Elementary. Neighborhood Owners are parking on both sides of the street making it unsafe for turning vehicles. Suggestion "Red Curb" at turns allowing visibility for turning cars.and fire trucks to pass through. ***Yellow Boat Owner has left his boat at corner ofBayEnd and MacArthur for months? ****Signs on entrances of Crestwood Neighborhood states no through traffic. NEEDS TO BE INFORCED! 1 I Miraleste Intermediate Parents consistently uses as pass through. Thank You Theresa Montoya 310 344 7454 Sent via the Samsung Galaxy S® 6, an AT&T 4G L TE smartphone 2 From: Sent: To: Subject: For Late Correspondence ... Leza Mikhail Senior Planner Leza Mikhail Monday, December 14, 2015 11:02 AM Carla Morreale FW: Bike Lanes City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov (310) 544-5228 -(310) 544-5293 f lezam@rpvca.gov *Please Note: Effective 02/20/15, the City's new email address is "@rpvca.gov" Please update your contact information for me to reflect lezam@rpvca.gov as my new email. -----Original Message----- From: Patti Laney [mailto:ivvwholly@aol.com] Sent: Monday, December 14, 2015 9:36 AM To: Leza Mikhail <LezaM@rpvca.gov> Subject: Bike Lanes NO!!! The traffic is s mess now when the schools start and end and when there is a funeral at Green Hills it is a mess AND the construction on east Western has not started. I RESENT putting in a recreational use lane at the expense of children and fire and police. The money is a complete waste of tax money and I am VERY unhappy with the vote of RPV to even consider such a hazard. Patti Laney. Homeowner since 1961. Sent from my iPhone 1 I