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20190507 Late Correspondence
i CONSTRUCTION INDUSTRY FORCE ACCOUNT COUNCIL i BOARD OF DIRECTORS MEMBER ORGANIZATIONS t President: Dave Thomas Northern Ca lifornia District Council of Laborers Vice Pres i dent: Michael Hester Un ited Contractors Secretary: Rob Carrion Operating Engineers Local 3 Treasurer : Bill Koponen Associated Genera l Contractors of California Steve Blois AGC Southern California Hector Cortez Operative Plasterers' and Cement Masons' International Association Lee Howard North Coast Builders Exchange Larry Nodland Southern California Contractors Associati on Gary Sharette Laborers Local 185 Eli zabeth Steelman Northern California Carpenters Regional Council Michelle Tucker Exe cutive Director, CIFAC Associated General Contractors of California* Associated Roofing Contractors of the Bay Area Counties Inc. Ca lifornia Field Ironworkers Labor/Management- -Cooperative Trust CALSMACNA California State Council of Laborers Carpenters 46-NCCCB Construction & General Laborers Local185 District Council of Plasterers and Cement Masons Engineering Contractors Association North Coast Builders Exchange Northern California District Council of Laborers* Operating Engineers, Local Union No. 3* Southern Californ ia Contractors Association Southern California District Council of Laborers* State Build i ng & Construction Trades Council (BCTC) Trench Shoring Company United Contractors* Valley Contractors Exchange, Inc. Wall and Ceiling Alliance *Major Contributors Large Contributors CIAF/FC IA Trust Funds Carpenters 46-NCCCB Plasterers and Cement Masons of Northern California Associate Members Humboldt-Del Norte Counties BCTC Supporters Sonoma, Mendocino & Lake Counties BCTC Main Office 1-800-755-3354 2420 Martin Road , Suit e 250 Fa irfield, CA. 94534 ... ~--® · .. :i !;(~ a .. ~\"":¥:: hl a: 0:: w w ....,. .. t.> YOUR RESOURCE F R I · ~ ~t: PUBLIC WORKS tr;~-~ ~ ~ CONSTRUCTION AN -~ ~ 'j ~ ffi ~ CALIFORNIA PUBLI t: o w :E tL0. ·. o:t:W :d CONTRACT CODE ~ ~ ~ ~ COMPLIANCE ~ frl ~ 5 tt ; <(0:: !<Co r CIFAC: WORKING FOR YOU Since 1977, CIFAC has been the Force Account and Competitive Bidding Compliance Authority in California. CIFAC is a successfu l non-profit coa li tion of concerned construction industry associations, contractor and labor unions that works to ensure State and local governments' compliance with the California Public Contract Code (PCC). CIFAC MISSION :I To create and increase job opportunities for the public works construction industry To ensure public agencies' compliance with the California PCC REGIONAL COMPLIANCE M NAGER TERRITORY MAP Maghan Hunt Northern Region 530-531-7028 SMJIII!IIURIIINO RIVERSIDE SAN DIEGO I IMPERIAL TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MAY 7, 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 F Email from Vic Nol H Signature pages for Contract **PLEASE NOTE: Materials attached after the color page{s) were submitted through Monday, May 6, 2019**. Respectfully submitted, L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190507 additions revisions to agenda.docx To: Teresa Takaoka Subject: RE: Statewide Wildfire Preparedness Ad Campaign From: Jerry Duhovic <Jerry.Duhovic@rpvca.gov> Sent: Monday, May 6, 2019 6:44 PM To: CC <CC@rpvca.gov> Subject: Fw: Statewide Wildfire Preparedness Ad Campaign FYI-CC please do not reply or reply all. Regards, Jerry Jerry V. Duhovic MAYOR-City of Rancho Palos Verdes jerry.duhovic@rpvca.gov City Hall:(310)544-5207 Cell :(310)502-8036 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 WW\''UJlY,t;£.,9Q.V. The view(s), opinion(s) and content expressed/contained in this email do not necessarily reflect the view(s), opinion(s), official positions or policies of the Rancho Palos Verdes City Council, the City of Rancho Palos Verdes or any of its employees, agents, contractors, Commissions or Committees (the "City"). It should be interpreted solely as the view(s), opinion(s) and/or work product of the individual author and should not be relied upon as the official position, direction or decision of the City. 1 t. From: Vic Nol <vic.nol@sce.com> Sent: Monday, May 6, 2019 5:34 PM To: Jerry Duhovic Subject: Statewide Wildfire Preparedness Ad Campaign Dear Honorable Jerry V. Duhovic, As I mentioned to you in an e-mail on Friday, a statewide education campaign that will be called The Power of Being Prepared is launching today in conjunction with Wildfire Preparedness Week. This campaign is a joint effort among the state's investor-owned utilities, in coordination with the California Governor's Office of Emergency Services (Cal OES), California Department of Forestry and Fire Protection (Cal Fire), and the California Public Utilities Commission (CPUC). The campaign is meant to increase awareness of the importance of preparing for power outages during times of extreme weather and increased wildfire danger. The multimedia and multilingual campaign includes radio ads, preparedness resources, and a new website, www.prepareforpowerdown.com. It is a call to action for all Californians to take important steps to get ready before the 2019 wildfire season, such as creating a thorough emergency plan and updating their contact information with their energy company. The campaign is part of SCE's overarching commitment to the safety of the public, as we help our customers and our communities to better prepare for wildfires. The campaign specifically references Public Safety Power Shutoffs, which is a program that calls for the proactive de- energization of power lines in High Fire Risk Areas when certain conditions warrant. The decision and action to turn off power is made by each energy company and is based on a combination of factors, such as high winds, low humidity, dry vegetation, public safety risk and more. We wanted to let you know about the campaign in case you receive any inquiries from the public. As always, we appreciate your partnership on these important public safety matters. For more information about The Power of Being Prepared campaign, and additional steps you can take to prepare for wildfire season and Public Safety Power Shutoffs, visit www.prepareforpowerdown.com. Sincerely, 2 Vic Nol Government Relations Manager Southern California Edison 3 To: Teresa Takaoka Subject: RE: Abalone and Ryan Park Contract Information from Thomson Ac From: Natalie Chan <nataliec@rpvca.gov> Sent: Tuesday, May 7, 2019 3:24PM To: CityCierk <CityCierk@rpvca.gov> Cc: Ron Dragoo <RonD@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov> Subject: FW: Abalone and Ryan Park Contract Information from Thomson Ac Hello, Please see the signed contract for the Ab Cove and Ryan Park AC Improvements Construction Contract. Thanks! Natalie Chan, PE, QSD mt!J~!iec(alrpvca.gov ( 31 0) 544-5289 From: Tim Johnson <tim@thomsonac.com> Sent: Tuesday, May 7, 2019 3:19 PM To: Natalie Chan <nataliec@rpvca.gov> Subject: Abalone and Ryan Park Contract Information from Thomson Ac Hi Natalie, I sincerely apologize for the time that it has taken on getting this back to you. We have had some difficulty getting insurance and bond docs back from outside agencies. We have the following contract attached below with some of our insurance endorsements that you were looking for. I will keep you posted in the earliest fashion that we receive more information and documents back and send them your way as soon as possible. I can also have the hard copies of these contracts delivered to you as soon as we receive the remainder of the incoming bond and insurance documents. Please let me know if you have any questions and I would be happy to answer them. Thanks so much. Tim Johnson Thomson A/C tim@thomsonac.com 562-650-7279 Lie.# 959811 1 \-\. AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND THOMSON, INC. THIS AGREEME~T FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into this r day of M p. ..( ' 2019 by and between the City of Rancho Palos Verdes, a California municipal corporation ("City") and Thomson, Inc., a California corporation ("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or "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. Contractor, 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 Contractor for performance of those services defmed 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. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Work" 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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 -1- 01203.0006/535462.5 H. 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. 1.2 Bid Documents. The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid documents for the project entitled AlbA tJ~ Co tt!i. 1 lt..fut J?A# Auz Cdo/1tr~flf.it.Ju lmellaft"'eAffJ fitff?<fin'ding any documents or exhibits "4 referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor 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 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy ofthe Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions ofLabor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. -2- 01203.0006/535462.5 (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verifY such records in writing under penalty of pe~jury, as specified in Section 1776; certify ~md make such payroll records available for inspection as provided by Section 1776; and inform the City ofthe location ofthe records. (e) Apprentices. Contractor shall comply with and be bound by the provtstons of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations 'fitle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible t<.w compliance with these at()rementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall 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 of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (t) Eight-llour Work Dav. 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, ibrfeit twenty-five dollars ($25) for each worker employed in the perfom1ance 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 vjolation 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 fotty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1 Y:z) 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 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor's Authorized Initials~ (i) Contractor's Responsibility f(n· Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible tor -3- 01203.0006/535462.5 exceeding one ( 1) year H·om the date hereof, except as othmwisc provided in the Schedule of Performance (Exhibit "D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Josh Thomson .::::::.~f2..._;2~J!J (Name) . \... Tim Johnson -r--'r'r--'r--- (Name) (Name) Owner ---------------- (Title) Estimator ------- (fitle) ('fitle) 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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable eff011 to maintain the stability and continuity of Contractor's stafi and subcontractors, if any, assigned to perfonn the services required under this Agreement. Contractor shall notify City of any changes in Contractor'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 Contractor. Contractor 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 confened under this Agreement or is otherwise expressly confened in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner ofticials, onicers, employees or agents of City. Neither Contractor, nor any of Contractor'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. Contractor expressly waives any claim Contractor may have to any such rights. -10- 01203.00061535462.5 9.3 Counterparts. This Agreement may be executed in counterpruts, 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 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 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 cany 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 ru1y 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 detem1ination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Govemment 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 watrants 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 inc] uding, 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. /~ /J Contractor's Authorized Initials~ -24- 01203.0006/535462.5 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: 1'HOMSON, INC., a California corporation By:~ )fume: fi s tl 1?1~{)1"1 Title: &C:r!J Address: ·1.1 U) $' .:(1) A IV lj j/ \7 • t)tJ f"\ f3 . 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, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Finnncial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BVLA WS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -26- 01203.0006/535462.5 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 On 0'-1/1 ~ , 2019 before me, L.E::,Co.:~e~ , personally appeared"]'''""' "Tllo""so"', proved to me on the basis of satisfactory evidence to be the persons) 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.F ~· ·'co"tcoo&'""'·~~" i'. Commission# 2105406 t. WITNESS my hand and official seal. ~ ;.,a • Notary Public -California ~ t z " Los Angeles County ~ Signature: . ~ {; "-'i~ ~ ·~ } UY 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 CAP A CITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) 0 LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES D D D D D OTHER~--------------------DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01203.0006/S35462.S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notal)' 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 On 01.\/\ 'is , 2019 before me, LE" C.O...SQ ~ , personally appeared .j.,,.'-' -n,g.._r....., proved to me on the basis of satisfactory evidence to be the persol(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. ~ ~ · .s., ·~ L. E. CASEY _ • -·· Commission # 2105406 WI1NESS my hand and official seal. ~ . -Notary Public -California ~ "-~ /.] ~ ~ , Los Angeles County ?:: Signature: l\-, ? . ~b. '7t.., )= ~~~J 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 CAP A CITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PAR1NER(S) D LIMITED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER~-------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/535462.5 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to 2Ht>.t"?Ub# /Nt! , as Contractor ("Principal"), a Contract for the work entitled and described as follows: A&At.MJt C.al/t ~ ~'1-t\rJ f'~:lJALfu!Z-~..11 .. !l1JJ.ll!.\a. IMP@v;;tv~u;tJrS Pi'l..dJ'!5<>"\ WHEREAS, the Contractor is required under the terms of said Contract to ibrnish a bond for the faithful performance of the Contract; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of~ ue1'1 'l j::rftHlV~AI\lQ ~if<> ~ivNi',¥-e'(2 ft r:rGG-rJ ubftvo ($ -:;to1 S'l t{. 00 ), this amount being not less than one hundred percent (1 00%) of the total Contract price, lawful money of the United States of America, tor payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or .its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full terce and e1Ject. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way aftect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. Executed on _________________________ 20 PRINCIPAL (Seal if Corporation) By~~ Title c!.ez; (Attach Acknowledgment of Authorized Representative of Principal) 01203,0006/535462.5 D-1 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to -:J'homsa.v ),..!£. , as Contractor ("Principal"), a Contract for the work entitled and described as follows: AblkkO~ Cdvf; ~ ~~"' rAe. I'. Atr? CaAJQl1\1rJlNb \lbPP.tJvel)\eiV'1t 'f~Je(.,'j WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of/f'Uut.T'f ~'*iH«\Il!.AIIIO f'1 \If HvtJ~~ 0 ftf1!EN ($ ~ lo 1 S \ S". ()}) ), this amount being not less than one hundred percent ( 1 00%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: ( 1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby 0/203.00061535462.5 ACORD® CERTIFICATE OF LIABILITY INSURANCE 3/22/2020 I DATE (MM/DD/YYYY) ~-4/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Fl. rlJgN~. Extl: I FAX (AIC No): CA License #OFI5767 E·MAIL Los Angeles CA 900 I 7 ADDRESS: (213) 689-0065 INSURER($) AFFORDING COVERAGE NAIC# INSURER A: United Specialty Insurance Company 12537 INSURED Thomson Incorporated INSURER B: National Union Fire Ins Co Pitts. PA 19445 1461320 21205 Juan Ave. Unit A INSURERC: Hawaiian Gardens CA 90716 INSURER D: INSURERE: INSURER F: COVERAGES THOAIOI CERTIFICATE NUMBER· 16048095 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNsR TYPE OF INSURANCE ~~~~~ SJi~~ ~W5%~~ (~~r6%~ LIMITS LTR POLICY NUMBER A lL COMMERCIAL GENERAL LIABILITY y N DBRUS00103400 3/22/2019 3/22/2020 EACH OCCURRENCE $ 1 000 000 ---~ CLAIMS-MADE [i] OCCUR ~~~~~~~9E~~~~~r~encel $ 50 000 lL Ded: $5 000 MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ I 000 000 ~- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 F~ POLICY CXJ rJ<d'i o LOC PRODUCTS -COMPIOP AGG $ 2 000 000 OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE ~~~~~~~~t?INGLE LIMIT $ xxxxxxx 1---ANY AUTO BODILY INJURY (Per person) $ xxxxxxx 1---OWNED r-SCHEDULED I BODILY INJURY (Per accidenl) $ xxxxxxx 1-AUTOS ONLY 1---AUTOS I HIRED NON-OWNED I iP~?~;c~~8AMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY 1---1--- $ xxxxxxx B UMBRELLA LIAB 14 OCCUR y N BE028179816 3/22/2019 3/22/2020 EACH OCCURRENCE $ 1 000 000 1--- rK-EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 000 000 OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE ~1 -~H-AND EMPLOYERS' LIABILITY YIN T.\,JJL ER_ ··-~--~----· ··- ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT _ $ XXXX]I:XX _ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE -~_xxxxxxx __ --~·····~---~~~-If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Rancho Palos Verdes is an Additional Insured(s) as per the attached endorsement or policy language. Umbrella is follow fonn. CERTIFICATE HOLDER 16048095 City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes CA 90275 ACORD 25 (2016/03) CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY Nj.J Mt3J;Ri,PF;i,RUS001 03400 Att3fW'il~~fJ(?tf~~~~~2l2'o'i'9rficate ID: 16048095 ADDITIONAL INSURED ---'OWNERS, LESSEES OR CONTRACTORS_, AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (PRIMARY & NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: This insurance does not apply to: 1. " Bodily injury" , " property damage" , " personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. " Bodily injury" , " property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured{s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage" which manifests after expiration of the Policy. If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 172 1011 Page 1 of 1 ACORi:J CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) \. ............. / Acct#: 2503822 4/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 888-828-8365 NAME: Lockton Companies, LLC Pt,gNrJo Ext : I FAX 5847 San Felipe, Suite 320 (A/C No): E-MAIL Houston, TX 77057 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Co. of North America 43575 INSURED INSURERB: lnsperity, Inc. L/C/F THOMSON INC. THOMSON AC INSURERC: 19001 Crescent Springs Drive INSURERD: Kingwood, TX 77339 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE ADDL SUBR POLICY EFF 1 fOL1CY EXP LTR I!NSD lwvo POLICY NUMBER MM/DDNYYY MM/DDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ C-------0 CLAIMS-MADE D OCCUR ~~~~~~J?E~~oJ~?.nrel -$ -MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -- =l'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ DPRO-D PRODUCTS-COMP/OP AGG POLICY JECT LOC $ OTHER: $ AUTOMOBILE LIABILilY fE~~~b~~~tfiNGLE LIMIT $ - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ f-----NON-OWNED rp~~~~c\'d~t~AMAGE $ HIRED AUTOS AUTOS f---- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ r-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ f--- OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILilY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A C65797720 10/1/2018 10/1/2019 (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Notire to Others Endorsement Included CERTIFICATE HOLDER CITY OF RANCHO PALOS VERDES 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MAY 6, 2019 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, May 7, 2019 City Council meeting: Item No. G K 0 3 Description of Material Email exchange between Community Development Director Mihranian and David Shirley; Email from Rod Jensen Email exchange between Deputy City Manager Yap and Sunshine Email from Cris Sarabia Emails from: Lowell Wedemeyer; Tony Morelli Respectfully submitted, L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190507 additions revisions to agenda thru Monday.docx To: Robert Nemeth Subject: RE: Mechanical Equipment Noise From: Beth Shirley [mailto:dbshirley3@cm~.net] Sent: Sunday, May 05, 2019 12:22 PM To: Ara Mihranian <AraM@rpvca.gov> Cc: Robert Nemeth <rnemeth@rpvca.gov> Subject: RE: Mechanical Equipment Noise Thanks Ara. To clarify, this is a short term fix to address complaints until a new noise ordinance {9.02) is adopted? This is good news as it provides short term relief and is simple in its approach, but I'm hopeful work on the noise ordinance keeps moving forward. RPV needs a comprehensive noise ordinance similar to cities studied during the investigative period for the proposed ordinance. My concern is a pool pump noise at 64 dBA that runs in the middle of the night. But, again this is good news and a move in the right direction. When you get a moment let me know what are next steps for the noise ordinance. Thanks again From: Ara Mihranian <AraM@rpvca.gov> Sent: Thursday, May 2, 2019 8:57AM To: 'Beth Shirley' <dbshir!ey3@cox.net> Cc: Robert Nemeth <rnemeth@rpvca.gqy> Subject: Mechanical Equipment Noise Hi David, I hope this message finds you well. I want to let you know that the City Council on May 7th will consider amending the City's public nuisance ordinance to include mechanical equipment exceeding 65dBA at the property line. Attached is the staff report explaining this ordinance. I think this is the best and most efficient way to immediately address concerns related to noisy mechanical equipment. Let me know if you have any questions. Best, Ara Ara Michael Mihranian Community Development Director 1 G. To: Subject: -----Origina I Message----- Robert Nemeth RE: Aircraft noise From: John R. (Rod) Jensen [mailto:jrodjensen@me.com] Sent: Saturday, May 04, 2019 9:09AM To: Robert Nemeth <rnemeth@rpvca.gov> Subject: Aircraft noise Robert, Please forward to me any information the City Council comes up with from the new consultant on jet noise and please put in a comment regarding the tremendous increase of helicopter, ultralight, and vintage aircraft noise along with the turboprop noise. Thanks, Rod Jensen Sent from my iPhone 1 To: SUNSHINE Subject: RE: Spring cleaning at City Hall. See May 7, 2009 Council Agenda Item K Dear Ms. Yap, You are new to the City of Rancho Palos Verdes. I am not. Once again, I credit Susan Brooks. This time for publicly pointing out that RPV Staff "has no corporate memory". What I am pointing out is that each Department has a little bit of their own memory which other Departments are not privy to. For example, the Rec.& Parks Department created the document which divides the City into five sections in order for the Planning Department and the Public Works Department to more easily locate specific trail maintenance responsibilities and trail enhancement opportunities. At that time, Rec.& Parks was thinking beyond the borders of specific park sites. Nobody has ever shared that document, as a City Council Directive, with the Public Works Department. Paper v.s. digital is not the issue. Either way, "decision makers" need to read, understand and act upon what has been directed. My suggestion is that while the City is busy "going digitized", why not get everybody onto the same page when it comes to locating opportunities and work which involve more than one Department's "specialty"? I acknowledge the fact that making something easier for an individual Staff Decision Maker will not get him/her to think about overlapping issues however, it might. The map I have is the one which is referenced in Council's Consent Calendar Item K as Area 8. Simply because the Public Works Department people don't know to look at the Trails Network Plan's Section 5 is no excuse for them not to consider roadside trails in the same time frame they consider sidewalks and residential street rehabilitation. Don't just imagine that subsequent City Councils have had "different opinions". The Planning Department/Community Development Department and the Rec.& Parks Department have presented our City Council with several recommendations which have never been addressed as amendments to the Trails Network Plan (TNP). Although the Public Works Department is responsible for implementing, enforcing and maintaining most of what is spelled out in the existing Trails Network Plan and more recent side projects, they are not a party to the update. 1 It was citizen input which created the Conceptual Trails Plan in 1990. It was citizen input which created the policy and formatting suggestions which the Council approved in 2012. The City Council has approved the recording of trail easements. The City Council has approved purchasing property for trail purposes. The City Council has approved signage for narrowly focused locations. None of this is reflected in a draft TNP update. I do need to update the individual "trail narratives" per Council's subsequent decisions because nobody else is going to do it. All I am asking of you is that you affect the coalescence of at least the Public Works and the TNP's subdivisions of the whole City into one reference document which everyone can use when appropriate. The current City Council has expressed the opinion that they don't like having each Department making proposals which do not consider the impacts beyond the surrounding neighborhood. Now is the time to start acting as though you heard that. Thanks for the reply. I'll keep searching for some RPV style life at City Hall. ... S In a message dated 5/3/2019 1:23:55 PM Pacific Standard Time, gy§Jl@j.ill}'.f_~gy writes: Dear Sunshine, Thank you for your email. I literally laughed out loud because you are right, that map you have has seen better days and definitely needs an update. The good news is our GIS staff is actively capturing our assets and boundaries, so we already have this map in GIS, and are moving away from the paper. With GIS, we have the ability to create specific maps and overlay these layers when needed for various projects, analysis, and information. Our various departments are able to meet using these GIS layers to address concerns and to plan accordingly. For instance, Rec & Parks may have a GIS map specifically discussing conservation easements which can be overlaid with where PW is planning to do work, allowing the whole staff to see the areas they can operate in. As for retitling and labelling the encroachment permit map, I'm going to leave the naming of the map up to the staff who use it every day. For the Trails Network Plan, our Community Development Department is working on that issue. I understand that you have a lot of views on what should be or is supposed to be in the plan, but need to ask ifthose views are consistent with what the Councils since then have approved? You reference the Trails Committee (since dissolved) and 1989, which was 30 years ago, and I can imagine that some Councils may have had different opinions along the way as to what should be in the TNP. CDD will ensure that the consultant is aware of the Council's direction, and also incorporate public input as appropriate. There's no need for you to do any word processing on the TNP narratives. However, we do want the public to review the TNP update and let us know if they find anything inconsistent with the CC's direction, typos, or missing information, etc. If you find something, please direct these points to Ara, and they can review and take appropriate action. Thank you. 2 Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (3 1 0) 544-5203 (office) (310) 544-5291 (fax) From: SUNSHINE [m{JiJ~p:§WJ$ltin~mYt:fY~tPl,s,:qm] Sent: Friday, May 03, 2019 10:43 AM To: Gabriella Yap <g):l!P(~;)rpvca.gov> Cc: Subject: Spring cleaning at City Hall. See May 7, 2009 Council Agenda Item K Dear Ms. Yap, I am stuck behind a wall of silence and need help. I have made one seemingly small suggestion which will increase the efficiency of the communications among all of the City's Departments and help a lot of volunteers, too. The City of Rancho Palos Verdes is rather unique in that it encompasses the "left- overs" in the planned development ofthe Peninsula. It was incorporated to "Save Our Coast". We ended up with a lot of different communities, each with different amenities and maintenance needs. There are too many ways in which the City is divided up in order to schedule what should be routine care and preplanning/budgeting. Now that the City is essentially "built out", the Public Works Department has the biggest job of holding together what we have. Attached is what they call their ENCROACHMENT PERMIT MAP. They clearly use it for a lot of other rotational work like the Sidewalk Repair Program and the Residential Streets Rehabilitation Program. See the May 7, 2009 City Council Agenda Item K for the nomenclature currently in use. My suggestion is that this map be given a more universal title over-all and a term selected for each of the subdivisions. The PV Nature Preserve is divided into "Reserves". The Coastal Specific Plan is divided into "Subregions". The Conceptual Trails Plan is divided into "Sections". Get my drift? And 3 then, the other Plans which cover the whole City should-use the same reference map for more focused work. That way, every Department knows what the other one is talking about. My path to this correspondence has it in a folder called Too Many Cooks which is in a folder called Exclusively RPV Issues. I am working my way up the City's new Organizational Chart in search of the someone who can, and will, generate some "top down" decision making coordination since our City Manager does not. In Susan Brooks' Mayoral exit speech, she spoke of several accomplishments and mentioned that you are the one who knows all the details of who is doing what. There are so many Items on the Council's 2019 Goals and Tasks List which require one Department to do something before another Department can do their thing. The Zoning Map update isn't even on the list. My personal focus is on off-road circulation in the interest of preserving and enhancing access for civil defense, emergency evacuation, firefighting, avoiding isolated wildlife gene pools and recreation (both active and passive). It should not be surprising that this interest in the Peninsula's infrastructure involves all facets of each city's responsibilities in relation the citizenry's health, safety and welfare. I submit a lot of informed suggestions, opine on a lot of issues and I ask a lot of questions. I have found that I am not alone in my frustration with how requests for clarification are hidden behind interdepartmental referrals and convoluted links to documents. I was on the RPV Trails Committee which drafted Phase One of the Trails Network Plan (TNP) update. Our charge was to produce a way for Staff to easily figure out if there was an opportunity to improve a trail connection in relation with a development, Public Works or Parks proposal. We wrote what the current TNP update Scope of Work calls the "narrative" for each of the most essential trail connections. It is easy to use. Unfortunately, like everything with "some assembly required", somebody needs to read the directions. This "Conceptual Trails Plan" was supposed to replace the TRAIL STANDARDS section ofthe TNP for unpaved pathways and the "Conceptual Bikeways Plan" was to replace the STANDARDS for paved bicycle circulation. This has not happened and nobody on the City's Payroll seems to know the difference. In 1989, the Trails Committee was not permitted to draft updates for the SIGNAGE, INVENTORY and MAINTENANCE Sections. That requires "Professional Consultants". Going on thirty years later, this has not been done. Now that a Consultant has been hired to draft the TNP update, these line items in the TNP Table of Contents do not appear in the Scope of Work. I was not permitted to attend the Consultant's kick-off meeting. What's up with that? 4 If you can arrange to get the Public Works Department's ENCROACHMENT PERMIT MAP (or something similar) promulgated for everyone's use, I will be happy to tweak the "narratives" for all the trails so that they conform with the format changes which the City Council approved in 2012. (Hint, #3 is missing its southern red line and #7 is missing its northern red line and not produced by IT.) I can meet the latest TNP update deadline if I get back to work, soon. Word processing is a meticulous process. I can do nothing to help without an official decision about how the sub-areas of the City are to be referenced. The alpha-numeric locators in the TNP will be impacted. In my opinion, this is the most urgent of several things which need to be established before the specific Goals/Tasks/ Actions for 2019 can be pursued by the various "responsible parties". Please let me know, soonest, whether or not this suggestion is something you should, may and will pursue in a timely fashion. If not, please tell me who is supposed to be doing this level of coordination among the various Departments. Most sincerely, SUNSHINE 6 Limetree Lane RPV 310-377-8761 5 LA Flat Rock Pt. %!;,"il) - SHORELINE PARI< PALOS VERDEs NINSVlA ~ =~~ 0 I'AACIC H!N.. EUM i PI\ROC tlW. HKiH " I'AAI( '-'I Shoppin11 A to CI UGIND AAti.IIOM) toJSt AtiOREs:> ~ VN IMPftOYUI .R(I.OJ:I -----CITY IIOIJNDNIY -'"·- STATt _.. ~ COUNTY IOUNOARY -·- rEOERAl HWY INn RSl ATI HWY. CHtn!OIES • ' Insp i ration P t . LG and Aug 2007 Feb 2005 March 2005 July 2006 and June 2008 Oct 2007 LH ROYAL PALMS S TATE 93538691 ABBOTSWOOO OR ABRAZO Dfl ACACIA LN ACACIA RO ACADEMY DR ACA.DEMY DR ACANARD ADDISON RO ADMIRABLE DR AOYe LN AlAFLORA OR ALBERTO CT ALIDA Pl ALTAMIRA LN ALTA VISTA OR ALTO CIA ALVAREZ DR ALVESTA Pl AMBER GATE DR ~~lRb~~~ ~~ :. APSLEY AD AOUAVISTAOfl ARCO PL ARMA GA SPG AD ARNIE LN AROMITIAS CIA ARROWHEAD LN ARROWROOT LN ARROYO CIA ARTHURS CT ASHFORK PL ASPENW( AlFORD DR AURORA DR AVENGER Pl AVENIOA AL TISMA AVEN IOA ANILLO- AVEN IDA APRENOA AVO CELESTIAL AVO CLASSICA AVENIOA CORONA AVO DE AZALEA AVO DE CALMA AVO DE CAMEUA AVO DEL MESA AVO DE MAGNOLIA AVO DE NOGAL AVDDEOUVA AVENIDA DE OLMA AVENIDA DE ROSA AVO ELEGANTE AVO ESPLENDIDA AVO ESTUDIANTE AVO FELICIANO AVO MAGNIFICA Avt:NIDA MIROLA PALOS VERDES PENINSULA STREET INDEX EAGLEHAVEN CIA EASTFIELD DR EASTVALE RD EAU CLAIRE DR EDDINGHILL DR ELBERON ST El CONCHO LN ELDENA DR ELEVAOO LN ELEVADO ST ELKMONT DR ELKRIDGE DR EllA RO ELMBANK RD ELMBRIDGE DR ELMDALE OR ELPORTALRD El RODEO RD EL TESORO PL EMPTY SADDLE lN EMPlY SADDLE AD ENCANTO DR ENROSE AV EPPING RD ESPINOSA CIA ESTATES LN ESTRIBO DR EUCALYPTUS LN EXULTANT DR AVO RfFI~IDA AVENtDA SELEc'rA FAIRCOVE DR AVO TRANUUilA FAIRHI LL DR AVOCADO LN FALCONHEAO OR AVON AD FALCON ROCK Pl AVON SO FAWNSKIN OR ~AZ0~';";,;.;'';..,-_.~-1 ~~~~~~~stir ~----..:: ..... -~ ~:~~~~:ro DR FIATHRIOGE RD FLAMBEAU RD FLAMNG ARROW DR FLOWERIDGE DR FLYING MANE LN FLYING MANE RD FOND DULAC RD FORRESTAL DR FOXPOINT LN FOX RIDGE LN FREEPORT AD FRIARSTDNE CT FRUIT TREE RD To: James O'Neill Subject: RE: Letter of Support for council meeting on May 7th; Item 0 From: Elias Sassoon <esassoon@rpvca.gov> Sent: Friday, May 3, 2019 11:40 AM To: James O'Neill <joneill@rpvca.gov> Subject: FW: Letter of Support for council meeting on May 7th; Item 0 fyi Elias K. Sassoon, Director Department of Public Works (:;ilY:_Q.tRan~ro Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Tel: 310-544-5335 From: Cris Sarabia [mailto:csarabia@pvplc.org] Sent: Friday, May 03, 2019 11:38 AM To: CC <CC@rpvca.gov> Cc: Katie Lozano <KatieL@rpvca.gov>; Cory Linder <CoryL@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov> Subject: Letter of Support for council meeting on May 7th; Item 0 Dear Rancho Palos Verdes City Council, Please find a Letter of Support for Agenda Item 0 on May 7th. I am available ifthere are any questions. Respecfully, Cris Sarabia Conservation Director Palos Verdes Peninsula Land Conservancy csarabia@pvplc.org 310-541-7613 x207 "Preserving land and restoring habitat for the education and enjoyment of all." 1 o. PRESERVING LAND AND RESTORit"<fG HAt\!TAT FOR THE EDUCATION AND ENJOYMENT Of ALL May 3, 2019 Attn: Rancho Palos Verdes City Council IRE: May 1, 20! 9 Com sent Calendar Item 0; i?I!Jlrchase of trash receptacles for Palos Verdes NatUJr-e Presenre Dear Rancho Palos Verdes City Council, ~ am writing on behalf of the Palos Verdes Peninsula land Conservancy (PVPLC), a nonprofit land Trust that works to protect and restore land on the Palos Verdes Peninsula. I am writing this fetter of support for the authorization of the purchase of trash receptacles for the Palos Verdes Nature Preserve. The new receptacles will have domed lids with flaps to prevent garbage from being blown out into the preserve and/or to prevent wildlife from accessing refuse. The new receptacles will also be more aesthetically pleasing and will match our new preserve signage, improving the look of the preserve. Section 9.2.2.1 of the Natural Community Conservation Plan (NCCP) states the guidelines that site-specific litter control measures, such as dosed garbage cans and recycle bins should be implemented. By implementing these trash receptacles, we will be meet these guidelines and avoid disruption of native vegetation, habitat and/or wildlife, consistent with the Plan. Thank you for your consideration to support the stated agenda item. Cris Sarabia Conservation Director 916 SILVER SPUR PJJAO 11 '/(ll ROlliNG H1Ll.S CSTA1TS. C.A. 90274-3Hn T 310.54i.76U WWW.PVPLC ORG To: Teresa Takaoka Subject: RE: City Council Agenda, May 7, 2019, Agenda Item 3 From: Gabriella Yap <gyap@rpvca.gov> Sent: Monday, May 6, 2019 1:39 PM To: 'Lowell R. Wedemeyer' <lowell@transtalk.com>; CC <CC@rpvca.gov> Cc: Carolynn Petru <carolynn.petru@gmail.com> Subject: RE: City Council Agenda, May 7, 2019, Agenda Item 3 Dear Lowell, Thank you for taking the time to comment. Your email will be part of late correspondence. ~Gabi Gabriella Yap Deputy City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5203 (office) (310) 544-5291 (fax) From: Lowell R. Wedemeyer [mailto:lowell@transtalk.com] Sent: Monday, May 06, 2019 8:54AM To: CC <CC@rpvca.gov> Cc: Carolynn Petru <carolynn.petru@gmail.com> Subject: City Council Agenda, May 7, 2019, Agenda Item 3 Honorable Mayor, Mayor ProTem and Council Members: I am appending a comment on the city charter issue. Lowell R. Wedemeyer 1 Unresolved Issues With Respect to Proposed Contents of a City Charter. City Council Meeting, May 7, 2019, Agenda Item 3 A committee of volunteers met multiple times to consider adoption of a city charter by the voters of the City of Rancho Palos Verdes. No consensus emerged. This comment is one volunteer's perspective. It is not a statement on behalf of any committee or group. One very broad, core issue surfaced: What limits should a new charter place upon City Council powers? There are three principal aspects of City Council power at issue. 1. Should the charter transfer power away from the city council into the hands of unelected employees, primarily the city manager and the city attorney? Existing city ordinances specify the duties and power of city manager, city attorney and other employees. Under existing general law, the city council can amend or revoke those existing city ordinances by ordinary act of the council. An intended effect of copying ordinances into a charter is to deprive the city council of authority to act on that subject matter without an election by voters to amend or revoke a charter provision. One predictable effect of fixing the authority of city employees within a charter will be to shift power away from the city council into the hands of the non-elected employees such as city manager and city attorney. City employees would be empowered to cite the city charter as justification to act or refuse to act, even though contrary to the expressed desires of a majority of the city council. One expressed concern is that locking ordinances into a city charter will confer obstructive, veto power on a city council minority. There also is concern that future political debate will be criminalized by extensive incorporation of city ordinances into a charter together with a charter provision that broadly defines any violation of the charter to be a crime, prosecutable by the city attorney. 2. Should a city charter restrict new powers that the California Constitution grants to chartered cities, but does not grant to general law cities? The California Constitution grants to charter cities certain additional powers, including some powers of taxation, that general law cities do not have. Of course, there are statewide laws that require voter approval of new taxes. However, some concerns remain. There are proposals to write provisions into a new city charter to restrict such new, constitutional powers of a chartered city council. 3. Should the charter restrict powers of the city council that currently exist under general law, and could exist under a charter, to incur large and long-term obligations? Under existing general law the city council has some powers to incur large and long-term obligations binding the city. A city council could retain those powers under a charter. Examples of such obligations include contractual indebtedness, long term leases, and public-private partnerships ("PPPs"). There is significant sentiment that existing state-wide laws are not sufficient protection against possible overreach by a city council. To some extent, issues 2 and 3 overlap. On each of the three issues there is a strong countervailing argument that a charter should preserve power of the local city council to deal promptly and effectively with issues as they arise. In this view, regular city council elections are the best method to keep the council, and city staff, responsive to local voters. Inflexible, charter restrictions upon council power are seen as contrary to the primary purpose of a charter which is to maximize local self-governance. This is a healthy debate about the future of the city. Perhaps a consensus can be reached. Lowell R. Wedemeyer To: Teresa Takaoka Subject: RE: Charter Proposal Considerations From: Teresa Takaoka <TeriT@rpvca.gov> Sent: Friday, May 03, 2019 1:45 PM To: Enyssa Memoli <EnyssaM@rpvca.gov> Subject: FW: Charter Proposal Considerations Late carr From: Anthony Morelli <amorelli@cifac.org> Sent: Friday, May 3, 2019 1:44 PM To: CC <CC@rpvca.g()v> Subject: Charter Proposal Considerations Mayor Duhovic and City Council Members City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Re: City of Rancho Palos Verdes proposal to become Charter. Honorable Mayor Duhovic and City Council Members: Please see the (Attached) letter concerning the City's proposal to become a Charter City. (An original copy was sent via mail) Thank you for your consideration! Tony Morelli Southwestern Regional Compliance Manager Construction Industry Force Account Council P.O. Box #2442, Camarillo, California 93011·2442 Mobile: 805.419.1543 Fax: 805.301.8002 Email: Amorelli@CIFAC.org Web: www.cifac.org "This message (including any attachments) contains business proprietary/confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message, and all attachments from your computer or email server. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, without the express permission of the originator, is strictly prohibited." 1 construction industry force account council Hustu; May 3, 2019 Mayor Duhovic and City Council Members City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Re: City of Rancho Palos Verdes proposal to become Charter. Honorable Mayor Duhovic and City Council Members: The Construction Industry Force Account Council (CIFAC) is a non-profit organization devoted to Public Contract Code compliance and education, which advocates on behalf of the construction industry. We are reaching out to the City Council to express the importance of the existing California Public Contract Code and why Cities should continue to follow these requirements. We offer the following facts for vou to consider during the J!!:Qposed Charter process: The City of Rancho Palos Verdes (RPV) elected to become signatory to the California Uniform Public Construction Cost Accounting Act (CUCCAA) on April 3, 2007 by City resolution and currently follows the CUCCAA and State of California legal process as it pertains to the contracting of construction projects. (FYI, Over 1,200 agencies are also signatory to the California Uniform Public Construction Cost Accountability Act) Reasons the City of Rancho Palos Verdes became signatory to CUCCAA Flexibility and Increased Contracting Threshold Limits: 1. $Sk previous limit as a General Law City, under CUCCAA, RPV may use City forces to self-perform work or can negotiate construction contracts for projects up to $60,000 2. The ability to informally and quickly bid projects tram $60,000 to $200,000. (All projects over $200,000 must be formally bid out) Points to consider: The California Public Contract Code (PCC) was created to protect the public from the misuse of public funds, to eliminate favoritism, fraud and/or corruption in the awarding of Public Works Contracts. Public agencies using formal bidding procedures traditionally get the best value for every public dollar spent. These cost savings are generally used to complete other projects. Ci\ Competitive bidding benefits the community and stimulates local economic growth. Fair competition means a lower price and a better value from licensed and skilled contractors. Wouldn't you want the best price afforded by competitive bidding? Charter Cities generally have more control over local affairs, including the creation of their own procurement requirements for public projects that may or may not include the requirement of a formal and fair competitive bidding process. Exemption from the Public Contract Code means that Rancho Palos Verdes could self-perform work at any level that would ordinarily be required to be bid per state law and performed by licensed, bonded and experienced contractors who must stand behind and guarantee their work to the City. Additionally, becoming Charter would exempt the City from the Public Contract Code provisions that were created to ensure a fair, open and a transparent government and will place this in the hands of City staff. Important decisions like: Oversight of appropriate licensing, bid advertising, submittal of bid bonds, listing of subcontractors and awarding to the lowest responsible bidder would be at the complete discretion of the Charter City staff and no longer governed by State Law. Many Charter cities have set their own standards, procedures, rules or regulations on all aspects of bidding, awarding and performance of public works contracts, regardless of staff experience or whether or not it's in the best interest of the City and for some agencies this has been costly! That being said, should the City of Rancho Palos Verdes elect to become Charter we would encourage that the City remain signatory to CUCCAA to govern all aspects of public contracting of construction projects for all of the right reasons mentioned above. Finally in Closing ... let me just say, for the sake of uniformity and proper oversight in Public Contracting, CIFAC always suggests that Cities follow the States General Laws when it comes to public contracting. Thank you for your consideration! -~··~··-:; ~ . /)() :.~·· .. ···''"" "!~:"'. . ·'tYt~~) ".:::_ ~~''"""""-,,,, f Tony Morelli, Regional Manager Construction Industry Force Account Council P.O. Box 2442/ Camarillo, CA 93011-2442 (805) 419··1543 www.CIFAC.org