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20190416 Late Correspondence
TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK APRIL 16, 2019 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. Description of Material Email from Joan Davidson M Updated information from Staff and signature pages for contract N Updated information from Staff and signature pages for contract 1 Additional option to Staff recommendation **PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, April15, 2019**. Respectfully submitted, L:\LA TE CORRESPONDENCE\2019 Cover Sheets\20190416 additions revisions to agenda thru Tuesday.docx From: Joan Davidson <j135cooper@yahoo.com> Sent: Monday, April 15, 2019 1:42 PM To: CC <CC@rpvca.gov>; Doug Willmore <DWillmore@rpvca.gov> Subject: Regarding the Ban of the SG Network in Belgium Dear Councilmembers, I am well aware of the limitations of cities to ban the construction and installation of cell antennas, but wanted to make all of you aware of the fact that Belgium has banned the 5G Network in their country. Here are two sites that are a quick read or view. It might be good to send to the 9th Circuit even though the FCC has banned us from considering the decision making on health issues. Thank you for your consideration. And Thank You for taking a lead of the loss of local control on all of our cities. I personally appreciate each and every one of you! Joan Davidson The Brussels Times -Radiation concerns halt Brussels 5G development, for now The Brussels Times -Radiation concerns halt Brussels SG development, fo ... UN Staff Member: 5G Is War on Humanity UN Staff Member: SG Is War on Humanity Ui·lit€;d f\J,;ltion::, rh!~, From: Sent: To: Cc: Subject: Attachments: James O'Neill Tuesday, April 16, 2019 9:18 AM CityCierk Elias Sassoon Late Correspondence for 4/16 City Council meeting RanchoPalosVerdes Shade_ Corporate Signatures.pdf; Revised Exhibit B from (PiayCore) Public Works Agreement (Hesse Park Shade).pdf; Revised Pages 5 and 6 from 2019-04-16 City Council agenda item (Deadman's Curve) (Late Correspondence).pdf; Contract with KASA Construction (with KASA signatures).pdf; Signature Page (and notarization pages) from Contract with Sunbeam.pdf Please see the attached for late correspondence for tomorrow night's City Council meeting. (Affecting two items) Item M -Conestoga Trail at Deadman's Curve: • Replace the last page of the staff report (before attachments) with the attached two pages-adding the "Contract Form" section • Add Attachment K (Contract with KASA Construction) • Replace signature page and notarization pages of Attachment L (Contract with Sunbeam) lteA'l ~d S19aele Strt~eture tor Hi§&e Pai"l<: • Replace page B 32 (Exhibit B of eentraet) vvitll the attached twe pages (revised Exlribit B of co11t1 aetr • Roe place sigRat~Fe page and r'lotalizaliOII pages of coutr ael! .James S. O'Neill, MPM Engineering Assistant, Department of Public Works (3 I 0) 544-524 7 (Office) iongJ!!J@Jp_vca.gov L. 'CJ.!~yg[Rfmch_Q .. falos· .J:j;rdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 1 Bid Alternative As part of the solicitation for proposals, the City requested each bidder to provide pricing for two "Alternative Bid Items." 1.) Removing and replacing the entire length of metal beam guardrail per CaiTrans Standard Plan A77L 1, and 2.) The installation of new double chevron (W1-8) alignment signs. Pricing from KASA for these items was $51,590, In addition to the base bid, staff is recommending including both bid alternatives 1 & 2 (replacement of the guardrail and installation of the chevron signs) with this award. Inspection and Outreach Given the constraints of the work area along Palos Verdes Drive East, Staff is recommending Sunbeam Consulting, Inc. performs inspection & community outreach services for this project. This work area is adjacent to a very tight curve which will require traffic control from time to time, closing the traffic during construction and ongoing interaction with the public. Sunbeam's proposal for services is $19,200. Contract Form The City Council's attention is called to the fact that the proposed contract has altered language compared to other standard City contracts. 1. Section 1.1 Scope of Work. The Contractor covenants that it will follow the 2015 edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook" (compared to "the highest professional standards") in lieu of the "highest professional standards" language, which is a part of the standard form contract for Public Works Agreements. 2. Section 3.4 Inspection and Final Acceptance. The phrase "as soon as practical but" is added before "within 45 days" for the timeframe for the City to accept or reject work, and the word "rejected" is replaced with "accepted" in the phrase "otherwise work shall be deemed to have been rejected" (as the default for lack of action by the City within those 45 days). The first two sentences of Section 3.4, Inspection and Final Acceptance, now read as follows: "City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor's work as soon as practicable but within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected accepted." 3. Section 5.1 Insurance Coverages. General Liability insurance minimums are revised to be $1,000,000 (compared to $2,000,000) per occurrence, and $2,000,000 (compared to $4,000,000) general aggregate, for bodily injury, personal injury, and property damage. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council's consideration: 1. Award a contract to KASA Construction, Inc. for only the Base Bid amount of $294,825; 2. Reject all Bids and direct staff to re-advertise for new Bids; 3. Take any other action deemed appropriate Section 1776~ certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions ofLabor Code Sections I 777.5, I 777.6, and 1777.7 and California Code ofRegulations Title 8, Section 200 et seq. concenung the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the inforn1ation submitted to any applicable apprenticeshlp program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the perfbrn1ance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty ( 40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of8 hours per day at not less than one and one-half(l Y2) times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: "I am aware of the provisions of Section 3 700 of the Labor Code which require every emp1oyer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of thls contract." Contractor's Authorized Initials -'"""':)_,_( __ (i) Contractor's Responsibility for Subcontractors. For every subcontractor who wiJI perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter l (commencing with Section 1720) of the California Labor Code, and shaH make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including ~3- Ol203.0006/54493R.6 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 aftecting this Agreement and this Agreement supersedes and cancels 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 Contractor and by the City Council. The parties agree that this requirement for written modifications catmot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more ofthe 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 ofthis Agreement which are hereby declared as severable and shall be interpreted to carry out the intent ofthe 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. Contractor 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. Contractor 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. Contractor 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. Contractor's Authorized Initials \:Y" ---"-'--- 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 -23- 0 [203.0006/544938.6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Jerry V. Duhovic, Mayor CONTRACTOR: Address: 15148 Sierra Bonita Lane Chino, California 91710 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, }'resident or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROl'RIATE ATTESTATIONS SHALL BE INCLUUEI> AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -25- 01203.0U06/54493R6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. State of California County of San Bernardino On 4;·1 s;1 g beforeme, Hector Zavala, Notary Public Date Here Insert Name and Title of the Officer personally appeared __ D_ia_" r_la_K_· a_. ~_,l_)a_. r_a_n_d_S_a_m_, _K_a_.s_b_a_r _______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. HECTOR ZAVALA Notary Public-California San Bernardino County Commission# 2217476 My Comm. Expir~:s Oct 28. 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. -----------------------------OPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: -------- Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ [J Corporate Officer -Title(s): ---·---- : .J Partner -C Limited C General Individual LJ Attorney in Fact I! Trustee iJ Guardian or Conservator !1 Other:--------------- Signer Is Representing: ---------- Signer's Name:------------- 0 Corporate Officer -Title(s): -------- !1 Partner -LJ Limited 0 General [J Individual CJ Attorney in Fact [:/Trustee [] Guardian or Conservator 0 Other: ------------- Signer Is Representing: ~)<;<..~;;.<)<.:<)<:x:c;c'G<.'CiOG?.;;"'-:';(;,'(.l<>~:-<:::<:;:c;z.1!::<;,~-.;r:<;":;;e;;~x;-p(;c<::-'CV~'+;X.'<X>'K-'<X.~~.zyx,~;;.;v'<x,~'CV't'Z'O~~"'X;.'+:.K-'<,X.""';f.:;<..'< ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Jerry V. Duhovic, Mayor CONSULT ANT: SUNBEAM SOLAR TECHNOLOGIES INC. DBA SUNBEAM CONSULTING, a California corporation ~' """-!--'' ~ By: Ur ~ tM Name: !S~· VJ>C. Title:!<:''' •L.). By: /.(- Tf'~~~tt;y Address: I 817 Josie Avenue Long Beach, CA 908 I 5 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: l) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULT ANT'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. 12 01203.0006/545590.3 ~· 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ~/KrY Ft~u. c A On !2!l:::f:J_, 2019 before me v ~ peh;onally appeared.J3rrJA.f-vtdf-, proved to me on the basis of satisfactory evidence to be th 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:4~~· 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 0 INDIVIDUAL 0 CORPORATE OFFICER 0 D D D D TITLE{S) PARTNER(S) D 0 LlMITED GENERAL ATTORNEY· IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ______________________ __ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/5455903 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 ofthat document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On a¥ -13 ' 2019 before meK/_mher/q,/C/nre~~,t·hf..ot~<,p~rtb'~ally appeared c' 13tepll(UJ ' 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. WfTNESS my hand and official seaL Sign•ru" dfw«tt~~ .. 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 0 fNDIVIDUAL 0 CORPORATE OFFfCER TITLE(S) PARTNER(S) 0 0 ATTORNEY-IN-FACT LIMITED GENERAL 0 0 0 0 0 TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER~--------~------------ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203 0006/5455903 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE From: Sent: To: Cc: Subject: Attachments: James O'Neill Tuesday, April16, 2019 9:18 AM CityCierk Elias Sassoon Late Correspondence for 4/16 City Council meeting RanchoPalosVerdes Shade_Corporate Signatures.pdf; Revised Exhibit B from (PiayCore) Public Works Agreement (Hesse Park Shade).pdf; Revised Pages 5 and 6 from 2019-04-16 City Council agenda item (Deadman's Curve) (Late Correspondence).pdf; Contract with KASA Construction (with KASA signatures).pdf; Signature Page (and notarization pages) from Contract with Sunbeam.pdf Please see the attached for late correspondence for tomorrow night's City Council meeting. (Affecting two items) tteffl M GeAesto~a Treil at E>eadfflan's Curve. • R-eoplace..t.Re last pag~ Of tire staff r·epo~chmet:~ts) with the attacbe.d-twe pa~es-addffig tlzle '~ct Farm" sectiel'l • • AQcJ Attachmel'lt I~ (Cor'ltract o'o'itlli~ASA Cons~F~:>Jctio~ • ~place sigl'lature page and t:~otari~atiGt:~ page5i of ~ttacbment b (Co11ll act vvitl'l Sun bee fAt Item N-Shade Structure for Hesse Park: • Replace page B-32 (Exhibit B of contract) with the attached two pages (revised Exhibit B of contract) • Replace signature page and notarization pages of contract James S. O'Neill, MPM Engineering Assistant, Department of Public Works (3 1 0) 544-524 7 (Office) jQne.m@.rpvc~.gov Cif.Lo(Rall(b.!~Palos Ve1~d.!!Ji 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 1 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text is indicated in bold italics, deleted text is indicated in strikethrough. I. Section 1.2, Bid Documents, is deleted in its entirety. II. Subsection (a), Proof oflnsurance, of Section 5.2, General Insurance Requirements, is amended to read: "(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor's insurance carrier will only provide copies of applicable policies in response to a bonafide claim." III. Subsection (i), Notice of cancellation, of Section 5.2, General Insurance Requirements, is amended to read: "(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten ( 1 0) day notice is required) or nonrenewal of coverage for each required coverage." IV. Subsection (j), Additional insured status, of Section 5.2, General Insurance Requirements, is amended to read: "(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Additional insured status for both ongoing and completed operations will be extended to City by subcontractor performing on-site installation." V. Subsection (c) of Section 5.3, Indemnification, is amended to read: "(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor 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 Contractor hereunder, Contractor 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, for which Contractor is ruled responsible. 01203.0006/543260.7 B-1 In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor 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 Contractor in the performance of professional services and work 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 passive negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out ofthe negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement." 01203.0006/543260.7 B-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colburn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Jerry V. Duhovic, Mayor CONTRACTOR: PlayCore Wisconsin, Inc. d/b/a GameTime C/0 Great Western Recreation By: __ -1- Name: ~o R. Posacki Title: Chai~; CEO, & President By: ... fe~u47/~·-_ ·---- Name: Rkhard E. Ruegger Title: CFO, Treasurer, & Secretary Address: 544 Chestnut Street Chattanooga, Tennessee 37402 ( 423) 265-7529 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chail·man of the BoaJ·d, President OJ' any Vice PJ·esident; and 2) Secret:H')', any Assistant Secretary, Chief Financial Officer OJ' any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLlJDED AS MAY HE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RlJLES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -25- 0 1203.0006/543260.7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this ce11ificate 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On April 15, 20 19 before me, Scott Hooker, personally appeared Roger R. Posacki, 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\tlllflftt I certify under PENALTY OF PERJURY under the laws of the State of Calif~l\t'I~~Wlffc true and correct. ........ CO ••••• ••• .:::-•• 0 WITNESS my hand !\Pdoflicjalsea1, _ .. Signature: ,>/'~~;?;';:::::::.~,,: ~:.:.~--· / ..... ~"'; .. -' :: l vtAr.& 2 ! Op .. . -. ~ :t:\ .. ,. "'•. ..· ' OPTIONAL /OAi'co\J ,., ......... Though the data below is not required by law, it may prove valuable to persons {i-1,S'imgH>l1lh~ document and could prevent fi·audulent reattachment of this form D D D D D CAPAClTY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER Chairman, CEO, & President TITLE(S) PARTNER(S) 0 LIMITED GENERAL D ATTORNEY-IN-FACT TRUSTEE(S) GUARDlAN/CONSERV ATOR OTHER _____ _ ----·--·"--- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTfTY(IES)) PlayCore Wisconsin, Inc .. d/b/a GameTime 01203.0006/543260.7 DESCRIPTION OF ATTACHED DOCUMENT Public Works Agreement 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 officet· 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On April 15,2019 before me, Scott Hooker, personally appeared Richard E. Ruegger, proved to me on the basis of 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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D D D D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER Chief Financial Officer & Secretary TITLE(S) PARTNER(S) 0 D LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ___ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) PlayCore Wisconsin, Inc .. d/b/a Game Time --------------------- 01203.0006/543260.7 DESCRIPTION OF ATTACHED DOClJMENT Public Works Agreement TITLE OR TYPE OF DOCUMENT NUMBER PAGES DATE OF DOCUMENT ---------·"""'""""""""""" __ _ SIGNER(S) OTHER THAN NAMED ABOVE From: Sent: To: Cc: Subject: Attachments: Elias Sassoon Tuesday, April 16, 2019 2:38 PM CityCierk Doug Willmore Late Correspondence for 4/16 CC Meeting Option 3.pdf Hi: Please include this as late correspondence for tonight's City Council meeting. Regular Business Item 1. • Add the following Option 3 to the current Options 1 and 2. Option 3 (please see attached drawings): This option includes partial removal of asphalt in center median and cemented pebbles over the asphalt on sides. This option proposes native and drought-tolerant plants, with low-watering needs beyond the initial two-year establishment period. A bioswale system will be installed to capture storm water though curb openings that allow water to flow into the median. Under this option, some landscaping areas are proposed to include gravel. Graveled areas will be grouted to prevent gravel from washing out during a storm event. The cost of including an irrigation system for Option 3 that is connected to a water source and electrical supply and controller, will be provided as an option to the City Council to consider. Operation and Maintenance (O&M) costs for watering will be higher for the first two years due to a higher watering frequency during the plant establishment period. The cost for O&M for the first two years and beyond will be provided as part of the presentation. Regards' E!ias K. Sassoon, Director Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Tel: 310-544-5335 Fax: 310-544-5292 1 \. OPTION 3 -NO IRRIGATION -LIMITED NATURALIZING VEGETATION -DEEP HAND WAT ERING BY TRUCK -MINIMUM OF 2 YEARS TO NATURALIZE -LIMITED ASPHALT REMOVAL -SANDBLAST AND APPLY COLOR TO REMAINING ASPHALT -BIOSWALE -IRRIGA TIO N ALTERNATIVE PRELIMINARY PLANTING KEYNOTES 0_] VERY LOW WATER USE DROUGHT TOLERANT SHRUBS. SUCCULENTS AND GROUND COVERS THAT NATURALIZE J] VERY LOW WATER USE DROUGHT TOLERANT SMALL NATIVE TREES THAT NATURALIZE J j 6 10-SWALE W ITH MIX OF BOULDERS . COBBLE AND PEBBLE ~ ROCK GARDEN W ITH MIX OF COBBLE AND PEBBLE S j EXISTING PAVING TO REMA IN-PROTECT IN PlACE ~ CURB CUTS FOR STORM WATER '1J SAWCUT PlANTERS INTO ASPHALT PRELIMINARY RENDERED BLOW-UP PLAN -OPTION 3 HAWTHORNE BOULEVARD M ED IAN LAND SCAPE -C ITY OF RANCHO PALOS VERDES DATE 02.118119 SCALE: 114"= 1'..()" ~)!2~ Pbnne1s JON DAVID CICCHETTI 140 LINDEN AVENUE. SUITE 2.1!6 LONG BEACH. CA 90802 562..989.1880 HETEROMELES ARBUTIFOUA • TOYON VERY LOW WATER USE WATER l'NICE PER MONTH IN SUMMER /sv' SALVIA APIANA -W'HITE SAGE-VERY LOW WATER USE NO SUMMER WATER EPILOB IUM CANUM -CALIFORNIA FUCHSIA VERY LOW WATER USE NO SUMMER WATER --~---- ~-- SALVIA LEUCOPHYLLA-PURPLE SAGE VERY LOW WATER USE NO SUMMER WATER ERIOGONUM PARVIFOLIUM ·DUNE BUCKWrlEAT VERY LOW WATER USE NO SUMMER WATER PRELIMINARY RENDERED LANDSCAPE PLAN -OPTION 3 SALVIA MELLIFERA· BLACK SAGE · VERY LOW WATER USE WATER TWICE PER MONTH IN SUMMER SACCHARIS STARN -STARNS COYOTE BRUSH VERY LOW WATER USE NO SUMMER WATER HAWTHORNE BOULEVARD MEDIAN LANDSCAPE-CITY OF RANCHO PALOS VERDES --------~ , ~ /_/ 1 VERY LOW WATER USE DROUGHT TOLERANT SHRUBS. -SUCCULENTS AND GROUND COVERS THAT NATURALIZE IT] Jj VERY LOW WATER USE DROUGHT TOLERANT SMALL NATIVE TREES THAT NATURALIZE I}J 810-SWALE WITH MIX OF BOULDERS. COBBLE AND PEBBLE ~ ROCK GARDEN WITH MIX OF COBBLE AND PEBBLE 5j EXISTING PAVING TO REMAIN· PROTECT IN PLACE ~ CU RB CUTS FOR STORM WATER ~ SAWCUT PLANTERS INTO ASPHALT PLANTING LEGEND -OPTION 3 SYMBOL BOT ANI CAL NAME C6MMQNNAME WATER USE REMARKS ---piffipoSEiJl'REES -HETEROMELES ARBUTIFOLIA TOY ON SALVIA APIANA WHITE SAGE PURPLE SAGE BLACK SAGE CALIFORNIA FUCHSIA DUNE BUCKWHEAT STARNS COYOTE BRUSH LANCELEAF LIVEFOREVER COASTAL PRICKLY PEAR ROCK GARDEN VERY LOW SMALL NATIVE FLOWERING TREE VERY LOW FLOWERING ACCENT 3'-5' H X 3'-8' W VERY LOW FLOWERING ACCENT 2'-5' H X 3'·10' W VERY LOW FLOWERING ACCENT 3'-6' H X 10'W VERY LOW FLOWERING SHRUB 3"-1B"HX2'-3'W VERY LOW EVERGREEN SHRUB 1'-4'HX2'.J'W VERY LOW EVERGREEN SHRUB 3'-5' H X 3'-5' W VERY LOW SUCCULENT 12"H X12"W VERY LOW SUCCULENT 5'HXS'-10'W -MIX OF COBBLE . PEBBLE AND BOULDERS OF VARYING SIZES AND SHAPES DUDLEY A PULVERULENT A· CHALK LIVE FOREVER VERY LOW WATER USE NO SUMMER WATER OATE 02118119 ~ rpe, NOR~ ,Jl;,ndsc'JDC Arcllllects Pl:lnners JON OAV10 CICCHETTI 140 LINDEN AVENUE. SUITE 286 SCALE : 1" = 20'-Q" LONG BEACH , CA 90802 562.989.1880 CITY OF RANCHO PALOS VERDES TO: FROM: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK DATE: APRIL 15, 2019 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, April16, 2019 City Council meeting: Item No. Description of Material Study Session Email from April Sandell L Fountainhead Consulting signature pages; Kasa Construction signatures pages G Email from Chris Warner Respectfully submitted, L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190401 additions revisions to agenda thru Monday.docx From: Sent: To: Cc: April Sandell <hvybags@cox.net> Sunday, April 14, 2019 7:56PM CityCierk SUNSHINE; Maria T Denue Subject: City Council Agenda I April 16, 2019/. RE: Study Session portion of the Agenda/ Public Comment To the City Clerk: Re: Study Session/ 2019 CITY GOALS and ACTION PLAN Please submit my comments to the City Council and for the record. I am opposed to the following city goals numbers# 2, 3., 5., 7, 18., 19 and #33 (Western Avenue Re- development Strategy with the target date of completion as shown on the list '' 6930/20 19") absent broader public awareness as to what your are up to. Also, I think my local RHHOA board could benefit with some help informing their members on important/relevant property issues. FYI-Recently, I made a sincere offer to step in the now vacant president position and/or vacant secretary position on the HOA Board of Directors. I was advised they could otherwise use help with annual picnic or garage sales. And welcome to attend the meetings. (Note: I served on the Board for about 15 or 16 years at earlier times) Further, I would like to mention that I am concerned regarding #26 and #4 7. On a separate issue, I am concerned about the staffs pending zoning amendments regarding land use, in particular to redevelopment/ reinvestment /smart growth/ affordable housing mandates etc. Oh, and also development of LOT 2 I Trump property. Sorry, but I haven't the time to spell out all the details of my reasonable concerns at this time but just wanted to take the opportunity to comment on some matters within the April 16th agenda. Thank you for your attention. Sincerely, April Sandell 1 From: Emily Colborn Sent: To: Thursday, April 11, 2019 11:27 AM CityCierk Subject: FW: 2019 04 16_SR_Item L_Attachment B Attachments: Item L Fountainhead initials signature notary.pdf Attached is late correspondence for Item L for 4/16/19. Includes the initials and signature page. Emily Colborn, MMC, City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5208 direct (310) 544-5217 office Please consider the environment before printing this e-maiL From: James Flannigan <JamesF@rpvca.gov> Sent: Thursday, April11, 2019 11:15 AM To: Emily Colborn <ecolborn@rpvca.gov> Subject: 2019 04 16_SR_Item L_Attachment B Emily, We just spoke. See the attachment is a scanned copy of the contract that I just brought up for Attachment B. Thank you, James Flannigan, Assistant Engineer Ext. 277 1 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 fmancial 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 T\. 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) that 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. (SIGNATURES ON FOLLOWING PAGE) 01203.0006/545058.4 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Jerry V. Duhovic, Mayor CONSULTANT: FOUNTAINHEAD CONSULTING CORPORATION Address: 2400 E. Katella, Suite 800 Anaheim, CA 92806 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the foUowing 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 CONSULT ANT'S BUSINESS ENTITY. 01203.0006/545058.4 21 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA CIVIL CODE § 1189) 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. STATE OF CALIFORNIA COUNTYOF ______ ~(2~r~c~~-(~)e~---------- personallyappeared -r,~..rc . .AD--Trv~-\\or Tr. rv). 1~:.~\(,<-'-Lu:. Hcvv.:-~.J , who proved to me on the basis of satisrJctory evidence to be the person(s) whose name(s) ik.(are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~Ater/their authorized capacity(ies), and that by ~/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. (Notary Seal) CHRISTY Notary Publlp • California Orange County Commission# 2163006 Comrn, __________ ADDITIONAL OPTIONAL INFORMATION,·_--------- Description of Attached Document TitleorTypeofDocument: f}--y-.:(,v\~~''"i fo1 (\;"'•\-rc:c\:-DocumentDate: Af\'"1 \0 1 ,;/o\C) Number of Pages: dl I Signer(s) Other Than Named Above: __ ...;:....:..ow.;"'·::..:::A!:.;..·------ Additionallnformation: _....::S::;,;<:.f...::·,;:..:.:".::::!(.J!c:..::.-s ___________________ _ revision date 01/01/2015 Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, J 777.6, and 1777.7 and California Code ofRegulations Title 8, Section 200 el seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these afhrcmentioned Sections for all apprcnticcablc occupations. Prior to commencing work under this Agreement, Contractor shaH provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each ofits subcontractors shall submit to the City a verified staternent o.fthc journeyman and apprentice hours peri~wmed under this Agreement (f) Eight-Hour Work Dav. Conrntdor acknowledges that eight (8) lwurs labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 181 0. (g) Penalties for Excess f-lours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor ft)r each cak~ndar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter l, Article 3 of the Labor Code. Pursuant to Labor Code section J B 15, work perforrned by employees of Contractor in excess of eight (8) hours per day, and f(}lty ( 40) hours during any one week slmll be permitted upon pub! ic work upon compensation for all hours worked in excess of 8 hours per day at not less than one and OlH>half ( J times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 186() and 3700 provide that every employer will be required to secure the payment of cornpcnsation to its employees if it has ernployees. In accordance with the provisions of Cali fomia Labor Code Section 1861, Contractor certifies as f()Jlows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for \Vorkcrs' cmnpensation or to undertake sdf-insurance in accordance with the provisions oft hat code, and l \Vill comply with such provisions before commencing the performance of the work of this contract." Contractor's A uthorizcd r nitials ,_:_:. _ __:__ __ (i) Contractor's ResponsibilitY for Subcontractors. For every subcontractor \Vho will pclt(mn work under this Agreement, Contractor shan be responsible tor such subcontractor's compliance with Division 2, Part 7, Chapter l (commencing with Section 1720) of the Califomia Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shaH be required to take all actions nece.ssary to enforce such contractual provisions and ei1Sure subcontractor's compliance, including -3- 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 instmmcnt 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 arc no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangernents, 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 \Vriting and approved by the Contractor and by the City CounciL The parties agree that this requirement for written modifications cannot 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 shaH be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity ol' unenforceabi!ity shall no! a fleet 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 parry of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Repn~sentation of Non-Collusion. No official, oUiccr, 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" shaH be consistent with State law and shall not include interests found to be "remote" or "nonintercsts'' pursuant to Govemrnem Code Sections l091 or 1091.5. Contractor 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. Contractor 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 lirnited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor 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 will1·ender this Agreement void and of no force or effect. -23- lN WITNESS \\''HEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Emily Colborn, City· Clerk APPROVED AS TO FORM: ALESHIHJi~ & WYNDER, LLP William W. Wynder, City Attorney CITV: CITY OF RANCHO PALOS VERDES, a municipal corporation Jerry V. Duhovic, Mayor CONTRACTOR: KASA Constnwtion, Inc. By: ,,,,,;,,"',.,.". Name: Sarn Kasbar Title: Vice PrcsiUent I Secretary Address: 15!48 Sierra Bonita Lane Chino, Calilcm1ia 91710 Two corporate officer signatures required when Contractor is a cm·poration, with tme signature requited from vnch of the following groups: l) Chainnan of the Board, Presitltmt m· any Viet~ President; and 2) Secretary, any ;\ssistaut Secn~tary, Chief Financial Officer m· any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL HE DULY NOTARIZED. ANn AJ>r•HOPHIATE ATTESTATIONS SHALL BE INCLUDED AS !VIA Y BE REQUIRED BY THE BYLAWS, ARTlCLES OF lNCORPOHATION, OR OTHER RULES OR RI':GULATlONS APPLICABLE TO CONTIUCTOR'.S BlJ.SINESS ENTITY, -25- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIl CODE§ 1189 notary public or other officer completing this certificate verifies onty the identity of the to which this certificate is attached, and not the truthfulness, accur.:~cy, or State of California County of ... ~.:~.~1 ....... ::~:' .. :.:.:.~i::.~~.~ .. ~.~ .......... ·-.. ··-~··~-·-· On ..... .JLD5.,LU~" ----- Date Here Insert Name and Title of the Officer H d Dlana Ka..sbar ancJ sa~m I<asbar persona y appeare .. ~·~······-~····-·····--·-···-............. _. _____ , ... -... -......................................... .. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 HECTOR ZAVA(.A Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNES~ :y~Ad ,and official seaL Signature .fJ§ I / ----------------------------oPTIONAL---------------------------- Though this section fs optional, completing thfs information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document -------------Document Date: -------· Number of Pages: ·-"""'"'-"'"""'"" Signer(s) Other Than Capacity(ies) Claimed by Slgner(s) Signer's Name: -----------~· Corporate Officer -Title(s): ~~~. Partner -c; Limited General . Individual Attorney in Fact . Trustee i Guardian or Conservator Other; _ .......... ~ ............... "~-"""""""'"""'~"''"""""~'"""""'-"'"'"'·"'·"·•"'"""'" Signer Is Representing: ~, ______ .. ____ _ Named Above: ..... "" ................................................... . Signer's Name:--"'-·""-~---·· L.J Corporate Officer -Title(s): ............ . Partner -Limited General Individual Attorney in Fact Trustee r:.: Guardian or Conservator Other: .·:: ................................................................................ --............... ., . ., .. "" ........... ~ ... .. Signer !s Representing: ---------· ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (Hm0-876-6827) Item #5907 From: Sent: To: Subject: Emily Colborn Monday, April 15, 2019 1:47 PM CityCierk FW: WARNER-Tree Incident 1/25/19 Late Correspondence for Item G. Emily Colborn, MMC, City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5208 direct (310) 544-5217 office Please consider the environment before printing this e-mail. From: Christoph W <cdub74037@gmail.com> Sent: Monday, April15, 2019 1:10 PM To: Emily Colborn <ecolborn@rpvca.gov> Subject: WARNER-Tree Incident 1/25/19 Greetings Emily, Thank you for your time in your office today. I wanted to circle back around regarding my claim and offer additional insight into this matter with hopes the city council validates my claim and overrules the recommendation from the claims management company. 1) HISTORIC WEATHER: The weather reports I reviewed for the week leading up to the incident showed high winds (20-27mph) and 5" of rain already for the month. The rain was 3" more than the historic average and was followed by high winds during the week of 1/20119. Please note that there was no rain on the date of the incident. 2) TREE MAINTENANCE SCHEDULE: The tree in question was/is scheduled on a 3 year maintenance schedule. The last maintenance on the tree was back in MAY 2016. The incident occurred just 90 days before its 3 year scheduled maintenance. It seems this tree should be on a 1-2 year maintenance schedule due to its size and obvious overgrowth year over year. All the other similar style of trees on the same block on Montemalaga, as well as on the entire Montemalaga street from Silver Spur road all the way to Via Del Monte were fully sculpted, maintained and have a professional community appearance. The tree in question and the one next to it was/were the only trees that were overgrown, too tall/wide and a liability to the city. 3) RECENT TREE MAINTENANCE: Just 2 weeks after my incident and my claim to the city, the arborist was on site fully trimming and maintaining the tree in question. Please note that this was 3 months before the scheduled 3 year tree maintenance. I can assume this work was due to my filed claim and calls to the city council and report to the police department requesting the maintenance of the tree accordingly. 4) CARL WARREN AND COMPANY: 1 G. I have not received one call back from Carl Warren & Company since the claim was filed. Several voicemails were left to Monique Castruita (2/26/19, 3/1/19, 3/6119) and her manager Emily Gutierez (3/18/19, 4/8/19). My Mercury Insurance Subrogation Department rep also states she has not received a call back yet accordingly. I understand they have a protocol, but I found that very unprofessional. In conclusion, I will not be able to attend the city council meeting for the consent calendar agenda on 4/16/19 at 7pm as I have business obligations in San Diego. I hope the contents of this letter, as well as the evidence I have provided are taken into consideration when the city council makes a final decision on this matter. Thank you for your time and consideration. Regards, Chris Warner 858-337-5375 cdub74037@gmail.com 2