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20190716 Late CorrespondenceDear City Council, Visitations and picnicking on the top of the Pacific Terrace tnausoleum increase in the summer days. See the picture below. I totally understand that Green Hills is perfectly OK with developing the cemetery the way they want because that brings the profit up for them. I think the public has to understand that Green Hills takes the position that it has unlimited right to develop the cemetery as it wishes, when it wishes, where it wishes. I would like to know what the Council's position on this is. Do we know? We don't. Why? Because the Council totally dodged the issue at the last compliance review hearing by failing to pass a formal Resolution containing factual "Findings" .. which the Council knows cannot possibly be made without undermining the entire unspoken "arrangement" between the City and Green Hills where Green Hills is given carte blanche to do what it wants while the City Council pretends to control the density and intensity of development. We all know that without numerical caps, there can be no control on the density and intensity of development. Now that those numerical caps have been removed, what is the substitute? The City Council will not tell the public. The City has (for the first time in August, 2018) that the Master Plan is simply "advisory" and not "mandatory" on the issue of where sub-area development is to occur; and the extent of the density and intensity of the sub-area development to be allowed or "permitted" .. I believe there has to be an adequate substitute to protect the surrounding homeowners. THERE IS NONE ... and the surrounding homeowners stand to be totally prejudiced and disadvantaged going forward unless the City Council does its job ... so far I don't see it and that's the reason I'm standing here when I have much better things to do , ...,.,.-~ Thank you for your time, Nadia, Vista Verde. 1 ·c t:; AGENDA ITEM:/:'i;/1 /t c 0 <"11 t?'V" RECEIVED FRO~; tV~:& c{t a '] ' AND MADE PART OF THE R~()R2 ~~THE COUNCIL MEETING OF: 7 /t...", I 1 QrFICe OF THE CITY CLERK AGENDA ITEM: t~J~O{ I c C:XY\V'-£'~·1') RECEIVED FR~ t<..a-t-1•--J ~~·'"",-j2b<:\\ AND MADE PART OF THi RECORD AT THE COUNCIL ME!TtNG 01'; · I ltw f, 3 • OFFtOI Ofl THE CITY CLERK TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JULY 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. 3. 4. 5. Description of Material Updated Staff Report pages 1 and 2 ; Updated Staff Report Attachments A, B, C, and D (formerly named as E); Email exchange between O'Neill and Sunshine Email from Jim Knight Email from Virginia Derossi ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, July 15, 2019**. Respectfully submitted, ~ L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190716 additions revisions to agenda.docx RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/16/2019 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to receive and file a presentation on expanded wildfire prevention efforts within City-owned properties, and authorization of additional funding related to those additional efforts RECOMMENDED COUNCIL ACTION: (1) Receive and file a presentation on a Fuel Modification Plan for City-owned properties in order to expand wildfire prevention efforts on a regular basis; (2) Approve an additional appropriation of $50,000 to fund monitoring of protected flora and fauna by the Palos Verdes Peninsula Land Conservancy and/or a City- approved biologist related to fuel modification; (3) Approve an amendment to the Professional Services Agreement with Stay Green Inc. in a form approved by the City Attorney's office; (4) Approve an amendment to the Professional Services Agreement with Hardy and Harper to scarify and compact the Burma Road Trail; (5) Approve an additional appropriation of $24,700 to fund the additional services to be performed by Hardy & Harper, Inc. for the related Burma Road Trail repairs; and (6) No action on a budget appropriation of $200,000 to expand the removal of non- native vegetation to further reduce fuel load within the Palos Verdes Nature Preserve. FISCALIMPACT: $74,000 Amount Budgeted: Additional Appropriation: Account Number(s): $310,000 $74 ,000$7 4, 700 101-400-3150-5201111L Public Works-Trails and Open Space Maintenance Services (Fuel Modification) ORIGINATED BY: James O'Neill, Engineering Assistant? REVIEWED BY: Elias Sassoon, Director of Public Works c!II.A i Ara Mihranian, Director of Community Development4tA APPROVED BY: Doug Willmore, City Managerif\A.r-Y ATTACHED SUPPORTING DOCUMENTS: A. Fuel Modification Plan Map for City-owned Properties (page A-1 forthcoming) B. Fuel Modification Plan Table (page B-1 forthcoming) 3. C. Amendment No. 3 to the Professional Services Agreement with Stay Green Inc. (page C-1 forthcoming) D. Amendment to the Professional Services Agreement with Hardy & Harper, Inc. (page ~D-1 forthcoming) E. Los Angeles County "Ready! Set! Go!" program booklet (f.-.-1-E-1) BACKGROUND AND DISCUSSION: On June 18, 2019, the City Council received a presentation from the Los Angeles County Fire Department and Los Angeles County Sheriff's Department on emergency protocols, and discussed lessons learned from the Woolsey Fire in Malibu. That same evening, Staff provided the council with a presentation on proposed expanded fuel modification efforts within City-owned properties. In response, the City Council directed Staff to develop a more specific plan that identifies how and when fuel modification will be performed at City- owned properties. Since the June 18 meeting, Staff has prepared a Fuel Modification Plan (Plan) and this staff report summarizes its various components. Staff is also requesting additional appropriation to allow necessary work to promptly commence on Burma Road and for fuel modification at an area in the Palos Verdes Nature Preserve (PVNP) adjacent to apartment buildings near Hawthorne Boulevard and Crest Road. Fuel Modification Plan for City-owned Properties According to Staff's research of various documents, there are 118 City-owned parcels that total 1,604 acres, of which 1,424 acres are within the City-designated PVNP. Staff has prepared the Plan in the spirit of wildfire prevention that is intended to guide the City and its contracted vendors on fuel modification efforts on a regular basis in consultation with the following agencies and interested parties: • The local stations and Forestry Division of the Los Angeles County Fire Department (LA County Fire) • Los Angeles County Department of Agricultural Commissioner/Weights and Measures (LADAC) • California Department of Fish and Wildlife (CDFW) • United States Fish and Wildlife Service (USFWS) • Palos Verdes Peninsula Land Conservancy (PVPLC) The Plan reflects the following factors and considerations: • City-·owned property within the PVNP • PVPLC-owned property and other property within the PVNP • LADAC fuel modification notices Lunada CanyonReserveVicente BluffsReserveSan Ramon ReservePortugueseBendReserveFilorium ReserveForrestal ReserveThreeSistersReserveOcean Trails ReserveAbalone Cove ReserveAlta VicenteReserveAgua Amarga ReserveMalagaCanyonReserveVista Del NorteReserve4067925321833383042352213102433912271128116421729193514364144212420313734263815454647PVIC Open SpaceSunnyside Open SpaceFilorium Open SpaceVanderlip Rd/Narcissa DrOpen SpaceSwitchback Teardrops²μ²μ²μ²μPoint Vicente School Access PathCrest RdWestern AveHawthorne B lvdPalos Verdes Dr ECrenshaw BlvdPalos Verdes Dr SPalos Verdes Dr NW 25th StPalosVerdesDrWPacific Coast HwySilver Spur RdMirales t e D r 25th StTrump National Golf ClubLos VerdesGolf CourseMarymountCollegeMiraleste Recreation & Park DistrictCherryhillPropertiesTarragonIsland View(adjacent to Windport Canyon)Silver Spur/ McKay propertyWallace RadioRancho Museum ParkIsland View (end of East Crest Road)CivicCenter53835610610653835683BurmaR dLOS ANGELESROLLING HILLSLOMITAROLLING HILLS ESTATESPALOS VERDES ESTATESTORRANCE²Fuel Modification1MilesLegend²μRPV_FireStationsFuel Mod StreetsMajor RoadsCity Owned BuildingsOther City PropertiesAdditonal Parcels Identified by LACDOAC for Fuel ModPVPLC Proposed AreasFuel Mod AreasCity Owned ParcelsOther Landscape Maintenance AreasParksOther Points Of ReferenceProperties Expected to be Acquired by the CityRancho Palos Verdes City BoundaryParcelsGolfCoursesPreserve PropertiesFire Station BoundariesFire Station Number535683106A-1 Fuel Mod Zone #Site/AreaPalos Verdes Nature PreservePart of Assessor Parcel NumberNotified by LADOAC for Fuel ModDistance from parcel boundary AcreageSlope (min/avg/max) in degreesAnticipated Approach1Lunada Canyon (Not owned by the City, owned by PVPLC)140' 0.542749---2Lunada Canyon (Not owned by the City, owned by PVPLC)140' 0.956513---3Lunada Canyon (Not owned by the City, owned by PVPLC)140' 1.526348---4Lunada Canyon (Not owned by the City, owned by PVPLC)140' 1.154572---5Agua Armaga CanyonAgua Armaga Reserve 7583-022-912No 200' 1.11424515.3o/16o/16.7oFire Grazers (a.k.a. "Goats")6 Agua Armaga Canyon Agua Armaga Reserve 7588-001-901Yes200' 4.69456410.2o/13.2o/16.7oFire Grazers (a.k.a. "Goats")7 Agua Armaga Canyon Agua Armaga Reserve 7583-024-901Yes200' 3.3228646.5o/9.7o/12.6oStay Green8Agua Armaga Canyon Agua Armaga Reserve 7583-022-912No 200' 1.36247610.9o/12.8o/14.6oFire Grazers (a.k.a. "Goats")9 Point Vicente Interpretive Center N/A 7573-002-904 No 140' 2.4876132.9o/3.5o/4.1oFire Grazers (a.k.a. "Goats")10Alta Vicente Reserve (Upper Point Vicente Park)Alta Vicente Reserve 7573-002-909No 140' 1.7506284.8o/7.7o/11.2oFire Grazers (a.k.a. "Goats")11Alta Vicente Reserve (Upper Point Vicente Park)Alta Vicente Reserve 7573-002-909No 140' 1.0718358.1o/9.8o/11.3oFire Grazers (a.k.a. "Goats")12Alta Vicente Reserve (Upper Point Vicente Park)Alta Vicente Reserve 7573-002-909No 15' 1.5702817.9o/14.7o/21.5oStay Green13Vicente Bluffs Reserve (Ocean Front Estates - cliff line)Vicente Bluffs Reserve 7582-024-900Yes15' 1.7517735.6o/10.6o/14.2oStay Green14Vicente Bluffs Reserve (Ocean Front Estates - strip adjacent to Palos Verdes Drive West)Vicente Bluffs Reserve 7582-003-900 No 15' 0.5897625.8o/5.8o/5.8oStay Green15Vista del Norte Reserve (a.k.a. Indian Peak or Crestridge - Slope on south side, near Crenshaw)Vista del Norte Reserve 7589-013-907Yes140' 0.080294._o/_._o/_._oFire Grazers (a.k.a. "Goats")16Vista del Norte Reserve (a.k.a. Indian Peak or Crestridge - Slope on south side, near Crenshaw)Vista del Norte Reserve 7589-013-907Yes200' 0.82839810.0o/10.0o/10.0oFire Grazers (a.k.a. "Goats")17Vista del Norte Reserve (a.k.a. Indian Peak or Crestridge - Slope on south side, near Crenshaw)Vista del Norte Reserve 7589-013-907Yes15' 0.67937317.1o/17.7o/18.2oStay Green18Ocean Trails Reserve (formerly Shoreline Park)Ocean Trails Reserve 7564-019-900Yes140' 3.0001552.5o/6.8o/12.3oFire Grazers (a.k.a. "Goats")19San Ramon Reserve (Palos Verdes Drive East Switchbacks)San Ramone Reserve 7564-024-901Yes140' 0.6290499.2o/9.2o/9.2oFire Grazers (a.k.a. "Goats")20San Ramon Reserve (Palos Verdes Drive East Switchbacks)San Ramone Reserve 7564-024-901 No140' 0.32767310.6o/10.6o/10.6oFire Grazers (a.k.a. "Goats")21San Ramon Reserve (Palos Verdes Drive East Switchbacks)San Ramone Reserve 7564-024-901 No200' 0.35683413.7o/14.2o/14.6oFire Grazers (a.k.a. "Goats")22San Ramon Reserve (Palos Verdes Drive East Switchbacks)San Ramone Reserve 7564-024-900Yes15' 1.9300818.6o/13.4o/15.9oStay Green23San Ramon Reserve (Palos Verdes Drive East Switchbacks)San Ramone Reserve 7564-024-901 No15' 1.97230410.2o/13.5o/18.7oStay Green24Part of Trump National Golf Club (to be received by City in future)7564-021-025 140' 0.33158 ---25Forrestal Nature Preserve Forrestal Reserve 7558-001-904Yes200' 4.064828.7o/13.0o/16.6oFire Grazers (a.k.a. "Goats")26Forrestal Nature Preserve Forrestal Reserve 7558-001-904Yes100' 0.201732._o/_._o/_._oFire Grazers (a.k.a. "Goats")27 Forrestal Nature PreserveForrestal Reserve7558-001-902Yes200' 1.48238421.1o/22.0o/22.8oFire Grazers (a.k.a. "Goats")28 Forrestal Nature PreserveForrestal Reserve7564-001-914Yes100' 0.99189412.4o/13.6o/15.1oStay Green29 Forrestal Nature PreserveForrestal Reserve7564-001-915Yes140' 0.6433187.7o/7.7o/7.8oStay Green30Portuguese Bend Reserve Portuguese Bend Reserve 7572-001-901Yes200' 2.37484112.8o/13.8o/14.5oStay Green31Portuguese Bend Reserve Portuguese Bend Reserve 7572-001-901Yes200' 0.29612716.7o/16.7o/16.7oStay Green32 Portuguese Bend ReservePortuguese Bend Reserve7581-023-901Yes200' 3.5095664.0o/14.9o/21.1oStay Green33Filiorum Reserve (Del Cerro Park - Open space slope surround)Filiorum Reserve 7581-032-902Yes200' 2.75291917.2o/20.5o/23.2oFire Grazers (a.k.a. "Goats")34Filiorum Reserve (Upper Filiorum)Filiorum Reserve 7581-023-902Yes140' 0.20239311.3o/11.3o/11.3oFire Grazers (a.k.a. "Goats")35Filiorum Reserve (Upper Filiorum)Filiorum Reserve 7581-023-902Yes140' 0.5947610.2o/10.5o/11.0oFire Grazers (a.k.a. "Goats")36Portuguese Bend Reserve Portuguese Bend Reserve 7572-001-903Yes140' 0.5205189.8o/9.8o/9.8oFire Grazers (a.k.a. "Goats")37Portuguese Bend Reserve Portuguese Bend Reserve 7572-001-903Yes15' 0.2825817.9o/8.9o/10.0oStay GreenB-1 Fuel Mod Zone #Site/AreaPalos Verdes Nature PreservePart of Assessor Parcel NumberNotified by LADOAC for Fuel ModDistance from parcel boundary AcreageSlope (min/avg/max) in degreesAnticipated ApproachFuel Mod Zone #Site/AreaPalos Verdes Nature PreservePart of Assessor Parcel NumberNotified by LADOAC for Fuel ModDistance from parcel boundary AcreageSlope (min/avg/max) in degreesAnticipated Approach38Three Sisters Reserve (formerly the Barkentine Nature Preserve)Three Sisters Reserve 7573-003-900Yes100' 0.175977._o/_._o/_._oFire Grazers (a.k.a. "Goats")39Three Sisters Reserve (formerly the Barkentine Nature Preserve)Three Sisters Reserve 7573-003-900Yes140' 1.5939069.1o/10.4o/11.6oFire Grazers (a.k.a. "Goats")40Filiorum Reserve (Upper Filiorum)Filiorum Reserve7581-023-903Yes200' 13.251789.3o/17.9o/22.6oFire Grazers (a.k.a. "Goats")41Abalone Cove Shoreline Park (SE Corner of Seacove & PVDS)Abalone Cove Reserve 7573-007-900Yes140' 0.46214712.2o/12.2o/12.2oFire Grazers (a.k.a. "Goats")42 Forrestal Nature Preserve Forrestal Nature Preserve 7558-001-901Yes200' 0.79864418.3o/19.2o/20.1oStay Green43Filiorum Reserve (Del Cerro Park - Open space slope surround)Filiorum Reserve 7581-032-902Yes200' 1.62960416.8o/20.6o/23.4oFire Grazers (a.k.a. "Goats")4445 Silver Spur Road46 Sparta Drive47Ganado Drive (from Hawksmoor Dr to Palos Verdes Drive East)Other "Landscape Maintenance" Areas of City-owned propertyPoint Vicente Interpretive Center (PVIC) No 7573-002-904._o/_._o/_._oFire Grazers (a.k.a. "Goats")"Teardrops" at Palos Verdes Drive South "Switchbacks" San Ramone Reserve._o/_._o/_._oArea at the intersection of Narcissa Drive & Vanderlip RoadPortuguese Bend Reserve._o/_._o/_._oArea close to Sunnyside Ridge RoadNo._o/_._o/_._oFuel Mod Zone #Site/AreaPalos Verdes Nature PreservePart of Assessor Parcel NumberNotified by LADOAC for Fuel ModDistance from parcel boundary AcreageSlope (min/avg/max) in degreesAnticipated ApproachB-2 Fuel Mod Zone #Site/AreaPalos Verdes Nature PreservePart of Assessor Parcel NumberNotified by LADOAC for Fuel ModDistance from parcel boundary AcreageSlope (min/avg/max) in degreesAnticipated ApproachAbalone Cove Shoreline Park (Sacred Cove Slope)Abalone Cove Reserve 7572-019-901YesTBD TBD TBD TBDAgua Armaga Canyon Agua Armaga Reserve 7583-024-900YesTBD TBD TBD TBDAgua Armaga Canyon Agua Armaga Reserve 7588-001-900YesTBD TBD TBD TBD10 Cherryhill Lane No 7572-004-900YesTBD TBD TBD TBD12 Cherryhill Lane No 7572-004-901YesTBD TBD TBD TBD14 Cherryhill Lane No 7572-004-902YesTBD TBD TBD TBD16 Cherryhill Lane No 7572-004-903YesTBD TBD TBD TBDCherry HillNo 7572-004-904YesTBD TBD TBD TBDCherry HillNo 7572-004-905YesTBD TBD TBD TBDCherry HillNo 7572-004-906YesTBD TBD TBD TBD43 Cherryhill Lane No 7572-004-907YesTBD TBD TBD TBDCherry HillNo 7572-004-908YesTBD TBD TBD TBDCherry HillNo 7572-004-909YesTBD TBD TBD TBD37 Cherryhill Lane No 7572-004-911YesTBD TBD TBD TBDCherry HillNo 7572-007-900YesTBD TBD TBD TBDCherry HillNo 7572-007-901YesTBD TBD TBD TBDCherry HillNo 7572-007-902YesTBD TBD TBD TBDForrestal Nature PreserveForrestal Reserve7564-001-918YesTBD TBD TBD TBDGrandview ParkNo 7546-026-901YesTBD TBD TBD TBDGrandview ParkNo 7546-026-902YesTBD TBD TBD TBDGrandview ParkNo 7546-026-903YesTBD TBD TBD TBDHesse Park (Fred Hesse Jr. Park)No7583-022-909YesTBD TBD TBDTBDIsland View (end of East Crest Road)No7566-016-900YesTBD TBD TBDTBDIsland View (adjacent to Windport Canyon)No7583-039-900YesTBD TBD TBDTBDMalaga Canyon Reserve (North)Malaga Canyon Reserve 7546-022-900YesTBD TBD TBD TBDMalaga Canyon Reserve (North)Malaga Canyon Reserve 7578-002-900YesTBD TBD TBD TBDMalaga Canyon Reserve (North)Malaga Canyon Reserve 7578-002-901YesTBD TBD TBD TBDMalaga Canyon Reserve (North)Malaga Canyon Reserve 7578-003-900YesTBD TBD TBD TBDMalaga Canyon Reserve (North)Malaga Canyon Reserve 7578-003-901YesTBD TBD TBD TBDMalaga Canyon Reserve (South)Malaga Canyon Reserve 7578-003-902YesTBD TBD TBD TBDMalaga Canyon Reserve (South)Malaga Canyon Reserve 7578-003-903YesTBD TBD TBD TBDMartingale Trailhead Park No 7568-007-900YesTBD TBD TBD TBDOcean Trails Reserve (Trump Shoreline West)Ocean Trails Reserve 7564-021-912YesTBD TBD TBD TBDPortuguese Bend Reserve Portuguese Bend Reserve 7564-005-900YesTBD TBD TBD TBDPortuguese Bend Reserve Portuguese Bend Reserve 7572-001-900YesTBD TBD TBD TBDPortuguese Bend Reserve Portuguese Bend Reserve 7572-001-902YesTBD TBD TBD TBDPortuguese Bend Reserve Portuguese Bend Reserve 7572-001-905YesTBD TBD TBD TBDSan Ramon Reserve (35 foot strip adjacent to San Ramon Canyon)San Ramone Reserve 7561-039-900YesTBD TBD TBDTBDTarragon PropertyNo7573-004-900YesTBD TBD TBDTBDVicente Bluffs Reserve (Ocean Front Estates - central area north of Hawthorne Boulevard)Vicente Bluffs Reserve 7582-022-900YesTBD TBD TBD TBDB-3 Site/AreaFuel Mod Zone #Site/AreaFuel Mod Zone #Site/AreaFuel Mod Zone #Sun 3/29/2020"Meet the Goats Day" NoMon 3/30/2020Tue 3/31/2020Wed 4/1/2020Vicente Bluffs Reserve 14Thu 4/2/2020Alta Vicente Reserve 12Fri 4/3/2020Portuguese Bend Reserve374/4/20204/5/2020Mon 4/6/2020Portuguese Bend Reserve37 cont.Tue 4/7/2020Forrestal Nature Preserve 28Wed 4/8/2020Three Sisters Reserve38 Forrestal Nature Preserve 29Thu 4/9/2020Fri 4/10/20204/11/2020 Abalone Cove Shoreline Park 414/12/2020Filiorum Reserve34Mon 4/13/2020Filiorum Reserve35Tue 4/14/2020Portuguese Bend Reserve36Wed 4/15/2020Thu 4/16/2020Fri 4/17/2020Portuguese Bend Reserve 314/18/2020San Ramone Reserve194/19/2020Forrestal Nature Preserve26San Ramone Reserve20Mon 4/20/2020San Ramone Reserve21 Forrestal Nature Preserve 42Tue 4/21/2020Vista del Norte Reserve 17Wed 4/22/2020Thu 4/23/2020Fri 4/24/2020Vista del Norte Reserve15Agua Armaga Canyon5San Ramon Reserve 234/25/2020Vista del Norte Reserve16 Agua Armaga Canyon 64/26/2020Agua Armaga Canyon8Mon 4/27/2020San Ramon Reserve 23 cont.Tue 4/28/2020Wed 4/29/2020Thu 4/30/2020Fri 5/1/20205/2/20205/3/20207Agua Armaga CanyonPoint Vicente Interpretive CenterNo (but by #9)32 cont.Portuguese Bend Reserve32Portuguese Bend Reserve11 San Ramon Reserve 22Portuguese Bend Reserve 3043Forrestal Nature Preserve 27Ocean Trails Reserve(formerly Shoreline Park18Point Vicente Interpretive Center 9Three Sisters Reserve 39Forrestal Nature PreserveFiliorum Reserve 40Filiorum Reserve 33Filiorum Reserve(Del Cerro Park - Open space 25Alta Vicente Reserve 10Alta Vicente ReserveVicente Bluffs Reserve 13Goats (Fire Grazers, Herd #1) Goats (Fire Grazers, Herd #2) Stay GreenB-4 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment No. 2") by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and STAY GREEN, INC., a California corporation ("Contractor") is effective as of the 16 111 day of July, 2019. RECITALS A. City and Contractor entered into an Agreement for Contractual Services dated February 1, 201 7 ("Agreement") whereby Contractor agreed to provide all work, labor, materials, equipment, and services as set forth in the bid documents for the project entitled Labor and Equipment for City Landscaping, General Maintenance, and Litter & Trash Services (the "Services"). B. The term of the Agreement is from February 1, 2017 to January 31,2020. The Agreement also provides for three one-year options to renew, based on Contractor performance and mutual written consent. The Contract Sum for the Agreement is $3,224,909.52, with an ammal not-to-exceed amount of$1,074,969.84. C. On October 17, 2017, the City and Contractor entered into Amendment No. 1 to the Agreement to increase the volume of Contractor's Services by increasing the size of the landscaping crew and supplying all necessary materials and funding for the crews. Amendment No. 1 increased Contractor crews by four full-time employees; increased the authorized equipment level to include two trucks, two trailers, and various landscaping tools; and increased the authorized material levels for decomposed granite and communications devices. D. Amendment No. 1 also increased the Contract Sum to $3,739,234.52 and established a not-to-exceed ammal amount of$1,332,132.84. E. The City and Contractor now desire to amend the Agreement a second time to further expand the Contractor's Services to include brush clearance for fuel management services for FY 2019-20, for an additional amount of $99,715, thereby increasing the Contract Sum to $3,838,949.52, and the mmualnot-to-exceed amount for FY 2019-20 to $1,431,846.84. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through). (a) Section 2.1, Contract Sum, is hereby amended to read as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed +hree Million Seven Hundred and Thirty Nine Thousand Two Hundred and Thirty Four C-1 Dollars ($3,739,234) $3,838,949.52 (Three Million Eight Hundred and Thirty- Eight Thousand Nine Hundred and Forty-Nine Dollars and Fifty Two Cents) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8." (b) Exhibit "A", Scope of Services, is hereby replaced in its entirety with Exhibit "A", (Second Amended) Scope of Services, attached hereto. Exhibits "A-1", Schedule of Required Equipment, and "A-2", Contractor Provided Materials, shall remain unchanged from Amendment No. 1. (c) Exhibit "C", Schedule of Compensation, is hereby replaced in its entirety with Exhibit "C", (Second Amended) Schedule of Compensation, attached hereto. (d) Section II.C, Exhibit "D", Schedule of Performance, is hereby added to the Agreement to read as follows: "Brush Clearance services will be completed in each assigned area within two weeks of the location being assigned to Contractor. The City's Contract Officer may extend the time to complete each assigned area as he/she deems appropriate, in consultation with Contractor" 2. Continuing Effect of Agreement. Except as amended by Amendments No. 1 and 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean Agreement, as amended by Amendments No. 1 and 2. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising ·under Agreement, as amended. Each Party represents and warrants to the other that there have been no written or oral modifications to Agreement, as amended, other than as provided herein. Each Party represents and warrants to the other that Agreement, as amended, is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of Agreement, as amended, and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under Agreement, as amended. City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of Agreement, as amended, and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under Agreement, as amended. 4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.2. 01203.0006/559585.2 -2-C-2 5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES OF FOLLOWING PAGE} 01203.0006/559585.2 -3-C-3 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.2 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: STAY GREEN, INC., a California corporation By: Name: Title: By: Name: Title: Address: 26415 Summit Circle, Santa Clarita, CA 91350 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01203.0006/559585.2 -4-C-4 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 , 2019 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ________________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) D D ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL D D D D D GUARDIAN/CONSERVATOR OTHER~---------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/559585.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT --------------------NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2019 before me, , personally appeared _, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ________________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) D D ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL D D D D D GUARDIAN/CONSERVATOR OTHER _____________________ __ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) OJ 203.0006/559585.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" (SECOND AMENDED) SCOPE OF SERVICES I. Contractor shaH perform the following services for City in accordance with the requirements set forth in the "General Provisions", "Special Provisions", "Performance Work Statement", and "Annexes A through E" in the bid documents for the project entitled LABOR AND EQUIPMENT FOR CITY LANDSCAPING, GENERAL MAINTENANCE, AND LITTER & TRASH SERVICES: A. Contractor shall provide onsite service labor for Landscape Services, General Maintenance Services, Trash, Litter & Debris Services, and offsite Administrative Services for the amounts listed in Exhibit "C", Section LA. 01203.0006/559585.2 1. Lease of City Property 1. Contractor and City shall enter into the Lease Agreement attached hereto as Exhibit "E" through which Contractor will lease property at City Hall from which to conduct the services described herein. 11. Administration Services 1. Contractor shall establish and manage a maintenance service request reception desk offsite; utilizing CityWorks and transparent to DPW and all City Departments. (Reference: Performance Work Statement, Section P.2.) 111. Landscape Services 1. Contractor shall establish and operate a Landscape Services Section to maintain parks, trails, open spaces, rights of way, medians, infrastructure, assets, and utilities in the City through inspections, scheduled maintenance, preventive maintenance, and customer- generated work orders, received through the maintenance service request reception desk. Landscape Services capabilities will include, but not be limited to: Landscaping services, fuel modification services, inigation system maintenance, pest control, and trails and open space maintenance. (Reference: Performance Work Statement, Section P.3.) The specific details of the Landscape Services Section are described in Performance Work Statement, Section P.3. IV. General Maintenance Services 1. "Contractor shall establish and operate a General Maintenance Section to maintain buildings, infrastructure, assets, and utilities in City, through inspections, scheduled maintenance, preventive maintenance, and customer-generated work orders, received thxough the maintenance service request reception desk. General Maintenance Service's capabilities will include, but not be limited to: Plumbing, carpentry, masonry, painting, inspecting, welding, fencing, material handling, cleaning, and general labor." (Reference: Perfom1ance Work Statement, Section P.4.) v. Trash, Litter, and Debris Services 1. "Trash: Contractor shall be remove all trash, recyclables and debris from City trash cans daily (7 days/week) lAW [in accordance with] the TE [Teclmical Exhibits, or Annexes A-E]." (Reference: Performance Work Statement, Section P.5.) 2. "Litter and Debris: Contractor shall remove litter and debris found within the contract areas daily (7 days/week) IA W the TE. Liter and debris includes, but is not limited to: mattresses, fumiture, cartons, bottles, paper, plastic, metal, tires, stones, soil, organic materials, flyers, decorations, and advertisements. Contract areas shall include, but not be limited to: utility poles, sign posts, trash cans, buildings, and other improvements within the City right of way and on other City owned parcels to include Parks, trails, and open spaces." (Reference: Performance Work Statement, Section P.5.) B. Contractor shall provide all vehicles and equipment listed in Exhibit "A-1" for the amounts listed in Exhibit "C", Section LB. C. Contractor shall provide materials listed in Exhibit "A-2" for the amounts listed in Exhibit "C", Section I.C. D. Contractor shall perform on-call services not covered in Section A above, as requested in writing by City's Contract Officer, in accordance with the rates quoted in Contractor's proposal in Bid Category 4 Bid Altemates, for an aggregate annual not-to-exceed amount of $25,000 and with a three-year not-to-exceed amount of $75,000 and such labor to be compensated for pursuant to Section D of Exhibit "C," Schedule of Compensation. On-call services are for emergency responses to incidents which occur outside of nom1al business hours. This is limited to incidents which pose a significant risk to the life, safety, health or enviromnent. 1. On-call services rendered shall be itemized on monthly invoices and be accompanied by City's Contract Officer's letter of authorization. E. Contractor shall provide and complete brush clearance on regular time for the rates and up to the total amount listed in Exhibit "C" Section (I)(F). The locations in need of brush clearance services will be identified by the Contract Officer. The location of brush clearance services will be described as either Category 1 or Category 2, detailed below: 01203.0006/559585.2 1. Category 1 -Category 1 areas are those areas that have been maintained year over year and are accessible for the use of standard equipment such as but not limited to string trimmers and flail mowers. Removal of debris is not warranted. This category includes areas that do not exceed a 15% grade incline or decline. Example -Lower City Hall u. Category 2 -Category 2 areas are more complex to perform the brush clearance and will need more time due to access, equipment, steep terrain, thick overgrown brush/branches, and other factors. Debris created from the brush clearance may need to be removed due to the excessive litter created. These areas may have the potential to be deemed unsafe to perfonn brush clearance. If the Contractor determines that the area is unsafe, they will contact the Contract Officer to detem1ine an adjusted plan. This category would have areas that exceed 15% grade incline or decline but would not exceed 35%. If an area exceeds 35%, Contractor shall contact the Contract Officer to determine an adjusted plan .. Example-Silver Spur and Crenshaw; BennaRd. II. As part of the Services, Contractor shall prepare and deliver the following tangible work products to the City: A. Landscape Services Standard Operating Procedure (Reference: Performance Work Statement, Section P.3.4.) B. Maintenance Services Standard Operating Procedure (Reference: Performance Work Statement, Section P.4.4.) III. In addition to the requirements of Section 6.2, during performance of the Services, Contractor shall keep City's Contract Officer appraised of the status of performance by delivering the following status reports: A. Weekly Work Order Repmi (Reference: Performance Work Statement, Section P.2.3.) B. Monthly Work Order Report (Reference: Performance Work Statement, Section P.2.4.) C. Monthly liTigation Report (Reference: Performance Work Statement, Section P.3.15.1.1.) D. Monthly Pesticide Use Report (Reference: Performance Work Statement, Section P.3.33.2.2.) E. Monthly Lighting System Report (Reference: Performance Work Statement, Section P.4.14.9.3.) F. Monthly Playground Safety Inspection Sheets (Reference: Performance Work Statement, Section P.4.14.14.) 0 I 203.0006/559585.2 IV. AU work product is subject to review and acceptance by City's Contract Officer, and must be revised or corrected by Contractor without additional charge to City until found satisfactory and accepted City's Contract Officer. V. Contractor shall utilize the following personnel to accomplish the Services: A. 1 Each-Service Request Technician B. 2 Each-Lead Landscape Teclmician c. 2 Each -Senior Landscape Technician D. 1 Each-Irrigation Technician E. 6 Each -Landscape Laborer F. 1 Each -Lead Maintenance Worker G. 1 Each -Senior Maintenance Worker H. 2 Each -Maintenance Laborer I. 3 Each-Litter Laborer 01203.0006/559585.2 EXHIBIT "C" (SECOND AMENDED) SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: A. Labor: ITEM DESCRIPTION, ESTIMATED COST ANNUAL NO. UNIT ANNUAL PER COST QUANTITY HOUR BID CATEGORY 1: LABOR COST Service Request 2080 HRS $22.50 $46,800 1. Technician, One FTE Lead Landscape 4160 HRS $32.00 $133,120 2. Teclmician, Two FTEs Senior Landscaper, 4160 HRS $24.50 $101,920 3. Two FTEs Irrigation Technician, 2080 HRS $33.00 $68,640 4. One FTE Landscape Laborer, 12,480 HRS $19.50 $243,360 5. Six FTEs Lead Maintenance 2080 HRS $24.50 $50,960 6. Worker, One FTE Senior Maintenance 2080 HRS $22.50 $46,800 7. Worker, One FTE Maintenance Laborer, 4160 HRS $19.50 $81,120 8. Two FTEs Litter Laborer, Three 6240 HRS $19.50 $121,680 9. FTEs SUB TOTAL BID CATEGORY 1: XX $894,400 ANNUAL LABOR COST (Items 1-9) SUB TOTAL BID CATEGORY 1: 3 YEAR BASE TERM LABOR COST XX XX (Items 1-9) 01203.0006/559585.2 3 YEAR BASE TERM COST $140,400 $332,800 $254,800 $205,920 $648,960 $152,880 $140,400 $243,360 $365,040 XX $2,484,560 B. Vehicles and Equipment: Description Monthly Annual ·3 Year Base Cost Cost Term Cost SUB TOTAL BID CATEGORY 2 -$19,480 $233,760 XX ANNUAL VEHICLES AND EQUIPMENT SUB TOTAL BID CATEGORY 2-3 YEAR BASE TERM VEHICLES AND XX XX $659,960 EQUIPMENT C. Contractor Provided Materials: Description Monthly Annual 3 Year Base 1 Cost Cost · Term Cost SUB TOTAL BID CATEGORY 3 - MONTHLY CONTRACTOR PROVIDED $6,339 XX XX MATERIAL COSTS SUB TOTAL BID CATEGORY 3 - ANNUAL CONTRACTOR PROVIDED XX $76,068 XX MATERIAL COSTS SUB TOTAL BID CATEGORY 3-3 YEAR BASE TERM CONTRACTOR PROVIDED XX XX $211,002 MATERIAL COSTS D. On-call services not covered in Section A: Item No. Description Cost Per Hour BID CATEGORY 4 BID ALTERNATES XX 1. Service Request Technician Overtime $33.75 2. Lead Landscape Technician Ovetiime $48.00 3. Senior Landscaper Overtime $36.75 4. Irrigation Technician Overtime $49.50 5. Landscape Laborer Overtime $29.25 6. Lead Maintenance Worker Overtime $36.75 7. Senior Maintenance Worker Overtime $33.75 8. Maintenance Laborer Overtime $29.25 9. Litter Laborer Overtime $29.25 BID CATEGORY 4-ANNUAL NOT-TO-EXCEED TOTAL COST $25,000 BID CATEGORY 4-3 YEAR NOT-TO-EXCEED TOTAL COST $75,000 E. Lease of City Property (further described in Exhibit "E"): 1. Lease. $80,265/year ($240,795 over three years) for Lease. 0 I 203.0006/559585.2 2. Administrative Costs. Approximately $22,639 /year ($67,917 over three years) for administrative costs, including but not limited to administration of the Lease, security fencing, taxes, and utilities associated with the Lease. The City will pay these costs upon submission ofvalid invoices itemizing such costs. F. Brush Clearance Services: Item No. Description Cost Per Hour 1. Category 1 * Brush Clearance $1295 2. Category 2 * Brush Clearance $4250 TOTAL COST-$99,715 II. Retention: A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE. III. Within the budgeted amounts for each Task, and with the approval of City's Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, Contractor's employee name who performed the work, the number of hours worked, applicable City account charge codes, the hourly rate, and supporting documentation to include copies of City verified timesheets. B. Line items for all equipment shall be prorated monthly based on total annual cost (ammal cost /12 =monthly rate). C. Line items for all materials shall be prorated monthly based on total annual cost (aruma] cost /12 =monthly rate). D. Line items for all approved on-call services for all personnel describing the work performed, contractor's employee name who performed the work, the number of hours worked, applicable City account charge codes, the hourly rate, and supporting documentation to include copies of City verified timesheets and a copy of written on- call services authorization(s) from Contracting Officer, or his designee. V. The total compensation for the Services shaH not exceed the Contract Sum as provided in Section 2.1 of this Agreement. 0 !203.0006/559585.2 VI. Contractors billing rates for all personnel are detailed in Exhibit C, Section I, A and D. 01203.0006/559585.2 AMENDMENT NO. l TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO. l TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment No. 1 ")by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and HARDY & HARPER, INC., a California corporation ("Contractor") is effective as of the __ day of , 2019. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated June 19, 2018 ("Agreement") whereby Contractor agreed to provide support for City special events and right of way maintenance services (the "Services") until June 19, 2023, for a Contract Sum of$1,497,600. B. City and Contractor now desire to amend the Agreement pursuant to Section 1.9 to increase the Contract Sum by $25,000 in order to fund additional work scarifying a specific road in the City. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1, Contract Sum, is hereby amended to read: "2.1. Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,522,600 (One Million Five Hundred Twenty-Two Thousand Six Hundred Dollars) One Million FeuF HundFed Ninety Se•;en Thousand Six Hundred Dellat's ($1,497,600) over the Term of the Agreement (the "Contract Sum"), and shall not exceed $324,250 (Three Hundred Twenty-Four Thousand Two Hundred Fifty Dollars) i11 FY2019-2020 and shalluot exceed Two Hundred Ninety Thousand Five Hundred Twenty Dollars ($299,250) annually for all other fiScal years, unless additional compensation is approved pursuant to Section 1.9." b. Section I of Exhibit "A", Scope ofSen'ices, is hereby amended to read: "1. Contractor will perform the following Services: A. Contractor shall furnish all labor, vehicles, equipment, tools, services and special skills required for one maintenance crew which shall consist of one lead worker who is able to read, write, and speak English, and one laborer and a fully equipped stake bed truck having an attached arrow board or the ability to tow an arrow board trailer. The crew may at times be read: split into two one-person crews and manage multiple assignments throughout the work day. Contractor duties are to render and provide all-inclusive labor, vehicles, tools, and equipment, services for city programmed events and right of way landscape maintenance, including, but not limited to: Special event setup, moving furniture, stacking copy paper, moving boxes, janitorial work, placing a speed trailer on designated streets, filling and placing sand bags, litter pick up, weed abatement, sweeping or blowing down, vehicle porter service, clear right of way during storms, minor tree lifting to clear traffic signs and traffic signals, remove illegally dumped debris from right of way, remove graffiti, bus stop shelter maintenance, city council and planning commission meeting set up, opening and closing gates, placing temporary barricades, cones, and delineators, as well as other assignments at the discretion of the maintenance superintendent. B. Contractor shall provide all labor, vehicles, equipment, tools, services, aud special skills required to scarify Burma Rd. from near intersection with Fire Station Trail to the emry into Rolling Hills above Bam Owl Trail. ,. c. Section I ofExhibit "D", Schedule of Performance, is hereby amended to "I. Cmttractor shall perform tile Services according to tile following schedule A. Contract shall be at the City three days out of every week, as determined by the Contract Officer. Contractor will perform all Services timely ffi as requested by the Contract Officer. B. Contractor will commence work 011the scarification of Burma Road before August 1, 2019, a11d complete the scarification within five weeks of tlte commencement of work.,. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment No. I, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 01203.0006/563927.1 -2- City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term ofthe Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. I. 5. Authority. The persons executing this Amendment No. l 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1 , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE) 01203.()006/563927.1 -3- lN WITNESS \VHEREOF, the parties hereto have executed this Agreement on the date nnd year Jirst-ubovc written. AI'TEST: Emily Colbnrn. City Clerk AJ>PH.OV!i:J) AS TO FOHM: .i\LESIIIRE & \V'I'NDE::R, LLP William \V. Wyndcr. City Attorney CI'I'Y: Cl'fY OF RANCHO PALOS VERI)ES. a municipal corporation ............................. _ .... ____ ,,.............. . ................ ., •... ~""" Doug \\lillmore, City Manager CONTRACTOR: liARD'{ & HARPER. INC.. a Cllifornia ~l<:<poruti~ -~~-- Name: Steven Kirschner Ti.tlc: vice Prcsr~~ !l; ,_(_{} J By: W~/b}±:lt}~::'.~-··· Name: Kristen S. Jlnulmo Title: Secretary Address: 1 312 East Worner .Ave. Santa Ana, C;\ 92075 Two rorporate oflicer signatures rcquin:d wh()fl Contractor is a eorponnion, with ont· signatnn· required from each of the following groups: J) Chairman nf !ht· Hm1rd. President or any Vice Prcsidt•nt; nud 2) Sccn•t:Jry, :wy Assistaut Secretary, Chief Financial Ofl1ccr or any Assistaut Treasurer. CONTRACTOR'S S!<.;NATURES SHALL BE DULY NOTARIZED, AND Al'l'ROI'HIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS. AHTICLES OF JNCOHPORATION, OH OTHEH IHJLES OH REGULATIONS APPLICABLE TO CONTnACTOn'S IHISINESS ENTITY. Ol2.0.l.0006/56.l'J27.! -4- 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 or that ..J,.. ____ ... _"' STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2019 before me, _, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:--------------- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER D 0 0 0 0 TITLE(S) PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER~-------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 0 ( 203.0006/563927.1 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 CIVIL CODE§ 1 i89 A notary public .:;.r other officer completing this certificate verifies oni)' the identity of the individual document to which this certificnle is attached, and noi the tr,uthfulness, accuracy, or validity of !hat State of Cnlifomin County of , ,,,,,.,.,,,, ,,,,,,,,,,,,,,,,, . .Q,t:§.f.'!U~ ............. , ...... . On ....... _ ... J!.ljy .... l5 • .2D.HL. __ before me, Date Ashlie Blanchard, Notary Public Here Insert Name and Title of the Officer person ally appeared J?J.QY:.\1 I< I r schrH.2L.nn~U\Ill;!1{'!Jl.E' .. {i~JliLLO ----·---~.~ ...... ~--~--·---.. ---· Name(s) of Signer(s) vvho proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) h">/are subscribed to the within instrument and acl<nowledged to me that ~/s~e/they executed the same in tlis/l~r/their authorized capacity(ies), and that by h){;/tmr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of H1e State of California that the foregoing paragraph is true and correct. WITNESS my h:;:::lic~~. Signalure 4. . _ . Signature of Nott:uy Public ----------------------·-------OPTIONAL---------------------------- Though this section is optional, completing lhis 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 Docurnen!: --~------·--------............. """"--·-·-~--Document Date: Number of Pages: ·----.. Signer(s) Other Tl1an Named Above: --~-.. ., .......... , ...... ., Capacity(ies) Claimed by Signer{s) Signer's Name: ....... , ... , .. ,, ... []Corporate Officer -Title(s): _ fJ Partner -[] Limited [] General CJ Individual []Attorney In Fact [:.!Trustee LJ Guardian or Conservator []Other: ·-----·---· Si~]tmr Is Representing:-·~· .... ~ __ ...... ~-... -... -..... ~-- Sinner's Name: ____ . __ ,_, __ , ..... .,.,., . .,, .... __ , ______ _ C Corporate Officer -Title(s): -------c: Partner -[} Limited [:' General [; Individual 0 Attorney in Fact r.:: Trustee [l Guardian or Conservator C Other: ---------------- Signer Is Representing: --~~·-·--~- ,<;<;1'::~<.>G~"'~A;~;<:,'-{:R:t~{.'ti(':'~O·<,;z:<i<X':~t''~.:<.:<..~t,.."t:<)',:7-X~~·:.:t(G~:~:"\:rG<X:~XX.:X;{;<:,.·:~;;;.z,.."tJ·Z:~~(X;J.;~:z.~v::,.'J.:iX,-''t;;cr.xx;;.<;~,l(.:~~;;-.z~X~j<.,.~;7Z.'tt!.;~:<.:{i(.."(,~Ct.X.~;t;C<,.'<J<.,"'{, ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-8/'6-6827) Item 115907 From: Sent: To: Cc: Subject: Good evening SUNSHINE, James O'Neill Monday, July 15, 2019 9:32 PM SUNSHINE CityCierk; Elias Sassoon RE: RPV City Council July 16, 2019 New Business Agenda Item 3. Extra fire fuel abatement. Thank you for your email regarding the agenda item for tomorrow night's City Council meeting. I am providing a copy to the City Clerk's office by copying them on this response. This information will be included in the late correspondence for this item . . Jame§ S. O'Neill, MPM Engineering Assistant, Department (~/Public IForks (3 I 0) 544-5247 (Oftlce) jonei!!@rQvca.gov ~ CIIT.i>{RQIZCh..Q Palos_ V~rde_l 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 From: SUNSHINE <sunshinerpv@aol.com> Sent: Monday, July 15, 2019 11:47 AM To: James O'Neill <joneill@rpvca.gov> Subject: Fwd: RPV City Council July 16, 2019 New Business Agenda Item 3. Extra fire fuel abatement. Oops on the incorrect email address .... S From: sunshinerpv@aol.cQJJJ To: joneil@rpvca.gov Cc: cc@rpvca.gov, esassoon@rpvca.gov, katiel@rpvca.gov, davidp@rpvca.QQY, gardner4@earthlink.net, theyorkproperties@gmail.com, ksnell0001 @aol.com, s:j)urton@acwm.lacounty.gov, EZStevens@cox.net, idsloan@aol.com Sent: 7/15/2019 11 :37:53 AM Pacific Standard Time Subject: RPV City Council July 16, 2019 New Business Agenda Item 3. Extra fire fuel abatement. Hi James, 3. Even without seeing the "forthcoming" documents, I can see that this Agenda Item is too narrowly focused for Council to be able to discuss and address Staffs interpretations and "only where appropriate" decisions. (1) It is good to have such a Plan which causes action on a regular basis. One would think that this sort of community property maintenance would come under the category of "appropriate" and funded "day to day" business. But then, implementing the Coastal Specific Plan and the Trails Network Plan as "infrastructure maintenance" are not funded as "day to day" business. At this point, the issue before the Council is not the quality of the recommended Plan, it is a matter of what Council can direct which will produce some cost- effective action which accomplishes the tasks at hand. (2) We, the citizens of RPV have a Contract with PVPLC for them to take care of the flora, fauna, both good plants and bad. What protected flora and fauna needs to be monitored on City property which is not in a Reserve? $50,000.00 to be spent at who's discretion? (3) Which rate for work where? (4) Burma Road Trail is a term fraught with ambiguities. The Preserve Trails Plan (PTP) is a Trail User Guide for just the Reserves. The Trails Network Plan (TNP) is a directive for trail enhancement and maintenance all over the City. This is an opportunity for an enhancement. The specifications for the Burma Road Trail"repair" should address all of the Standards and Criteria in the "augmented" TNP. What is in the Repair Work Order which engineers a prevention of future erosion? Does what the Fire Department is requesting indicate that a TYPE 2 or a TYPE 3 criteria be assigned in the updated "narratives" of trails A 10 and A 11? Regardless, has Staff considered designating this a TYPE 2 because it is a critical evacuation route? (5) Is Staff requesting additional funding for just a "Band-Aid" on this chronic erosion problem or is this work to be a permanent solution so that the Status: of at least A 10 becomes Category I? (You may need to read the Introduction to the Conceptual Trails Plan for this to make sense.) (6) Has everyone forgotten my suggestion that Council consider creating a Policy (or even an Ordinance), which would eventually eradicate all acacias in the City of RPV? Whatever happened to that outfit that offers grants to eradicate a particular bad plant? PVPLC used one before to eradicate some "even worse than acacias" bad plant. PVPLC has means to meet their contractual obligations. Public Works needs a budget appropriation to remove acacias 2 from all City properties, Rights of Way and easements. Start with the funding for frequently trimming them. I look forward to seeing a request for postponement on this Item .... S 310-377-8761 3. Consideration and possible action to receive and file a presentation on expanded wildfire prevention efforts within City-owned properiies, and authorization of additional funding related to those additional efforts (O'Neil) (15 mins) Recommendation: (1) Receive and file a presentation on a Fuel Modification Plan for City-owned properties in order to expand wildfire prevention efforts on a regular basis; (2) Approve an additional appropriation of $50,000 to fund monitoring of protected flora and fauna by the Palos Verdes Peninsula Land Conservancy and/or a City-approved biologist related to fuel modification; (3) Approve an amendment to the Professional Services Agreement with Stay Green Inc. in a form approved by the City Attorney's office; ( 4) Approve an amendment to the Professional Services Agreement with Hardy and Harper to scarify and compact the Burma Road Trail; (5) Approve an additional appropriation of $24,700 to fund the additional services to be performed by Hardy & Harper, Inc. for the related Burma Road Trail repairs; and (6) No action on a budget appropriation of $200,000 to expand the removal of non-native vegetation to further reduce fuel load within the Palos Verdes Nature Preserve. 3 From: Sent: To: Subject: Late corr Teresa Takaoka Tuesday, July 16, 2019 2:32 PM Enyssa Momoli FW: Agenda item 4 environmental programs From: Jim Knight <knightjim33@gmail.com> Sent: Tuesday, July 16, 2019 2:31PM To: CC <CC@rpvca.gov> Subject: Agenda item 4 environmental programs Dear Mayor and Council members, Sorry for the late correspondence on this. but I was planning to attend the meeting tonight to comment on agenda item 4 but I am unable to attend now. I am in full support of the environmental programs proposed by staff. Over a decade ago when I was a Planning Commissioner I suggested the Build It Green program for the City to incorporate in their permitting process. I tried unsuccessfully to get our sister cities to join in so that we all could share in a simplified, coordinated green building code. But I did talk with Jackie Backarach who liked what I was trying to do and took the notion to start a Green Task force for the SBCCOG cities to share with each other their efforts, and challenges, with their own environmental programs. Although the Green Task force is no longer running, I think this forum of Cities sharing still has great value. As to the EV charging stations, I have done quite a lot of research on the topic (having an EV myself since 20 16) and I have forwarded a summary paper and recommendations for EV charging stations and solar for Hess Park to Ara Mihranian. If you are interested, I can forward that to those interested. I am proud to be part of a City wherein both the Council and staff are taking steps to improving our quality of life, especially with the green programs and sustainability. Jim Knight From: Katie Lozano Sent: To: Tuesday, July 16, 2019 11:02 AM CityCierk Cc: Matt Waters Subject: FW: Meet up groups using the preserve Follow Up Flag: Flag Status: Late correspondence. -----Original Message----- Follow up Flagged From: Virginia Derossi [mailto:vcderossi@yahoo.com] Sent: Sunday, July 14, 2019 7:33 PM To: Katie Lozano <KatieL@rpvca.gov> Subject: Meet up groups using the preserve For several years I have participated in preserve hike with various meet up groups. We are just groups of like minded hikers enjoying the outdoors. Jaques let me know that some restrictions may be placed on groups using the preserve. Please do you best to keep open space available to all. Virginia Derossi So bay walkers and hikers Thrive SoCal US hikers Sent from my iPhone 1 TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JULY 15, 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, July 16, 2019 City Council meeting: Item No. H 3 Description of Material Email exchange between Public Works Director Sassoon and Sunshine Email from Sunshine Respectfully submitted, L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190716 additions revisions to agenda thru Monday.docx From: Elias Sassoon Sent: Wednesday, July 10,2019 1:42PM To: 'SUNSHINE'; CC; Gabriella Yap; Ara Mihranian; hvybags@cox.net; momofyago@gmail.com; pvpasofino@yahoo.com; Mickey Radich <mickeyrodich@gmail.com>; ken.delong@verizon.net Subject: RE: Goals, policies and the Consent Calendar Re: Rancho Palos Verdes City Council Agenda for Tuesday, July 16, 2019 Hi Sunshine: Thanks for reaching out to us. Regarding your email, please note this project is scheduled CIP project. Further, the Area 9 is well defined in terms of Public Works maintenance and Permitting. Regarding your last comment, please note that a certified electrician is not needed for this project and the verbiage was added inadvertently to the Staff Report. The contract documents do NOT include this verbiage. This information will be included in late correspondence. Regards, Elias 1<. 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 From: SUNSHINE [mailto:sunshinerpv@aol.com] Sent: Wednesday, July 10, 2019 12:24 PM To: CC <CC@rpvca.gov>; Gabriella Yap <gyap@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; hvybags@cox.net; momofyago@gmail.com; pvpasofino@yahoo.com; Mickey Radich <mickeyrodich@gmail.com> <mickeyrodich@gmail.com>; ken.delong@verizon.net Subject: Goals, policies and the Consent Calendar Re: Rancho Palos Verdes City Council Agenda for Tuesday, July 16, 2019 MEMO 1 H. DATE: July 10, 2019 FROM: SUNSHINE TO: RPV City Council, Staff and interested parties RE: July 16, 2019 Consent Calendar Item H example of abuse I Have three different issues with this matter. First is how it came to be on the Consent Calendar without some sort of Citizen Committee/Commission review. Second is that it references "Area 9" which is not yet a clearly defined subdivision of the City. Third is a curiosity as to why we "particularly" need a Certified Electrician to inspect curb cut/ramp construction. Please take this opportunity to purse the process of getting discussions of these more macro policy decisions onto your Study Session Agenda. Staff is not answering my questions. Even if they did, I am not in a position to rule on their decisions. You need to be, before more damage is done. H.Consideration and possible action to award a contract for construction of the Access Improvements- Area 9 Project and a professional services agreement for inspection services (Eder) Recommendation: (1) Approve the construction plans and contract documents for the ADA Improvements -Crosswalks in Area 9 Project, which are on file in the Department of Public Works; (2) Award a construction contract to Hardy & Harper, Inc. in the amount of $103, 152; (3) Award a professional services contract for construction management and inspection to Sunbeam Consulting, Inc. in the amount of $10,240; (4) Authorize the City Manager or Director of Finance to execute an amendment for up to an additional 10% ($1 0,315) as a project contingency for potential unforeseen conditions; and (5) Authorize the Mayor and City Clerk to execute the Construction Agreement, subject to approval as to form by the City Attorney. II. Brief description of the work to be performed: The general items of work include construction of curb, sidewalk, curb ramps, AC pavement, landscape and irrigation restoration, and all other items that are required to complete the work. The work to be done shall include furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents, in the City of Rancho Palos Verdes, California. Construction Management and Inspection Contract. Staff separately requested a proposal from a qualified consulting firm to conduct inspection oversight for the project. From a total of 21 consultant firms that submitted Statements of Qualification (SOQ) for the FY 2018-19 through FY 2020-21 Capital Improvement Program Projects, Sunbeam Consulting exhibited the experience, performance and expertise, particularly a certified electrician, needed for the project. Its availability and qualified staff was also key in the selection. In a message dated 7/9/2019 6:56:26 PM Pacific Standard Time, listserv@civicplus.com writes: 2 View this in your browser The next City Council Regular meeting is scheduled for Tuesday, July 16, 2019 at 6:00p.m. (Closed Session and Study Session), and 7:00p.m. (Regular Meeting) at Fred Hesse Community Park, 29301 Hawthorne Blvd. Click on this link to access the agenda and staff reports on the city website. http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas If you have any questions, please contact the City Clerk's office at 310-544-5217 or at CityCierk@rpvca.gov ************************************************* This message is been sent by the City of Rancho Palos Verdes as part of a "Notify Me" Listserv category you are signed up for. Please do not press "reply" when responding to this message, it is an unmonitored email address. You can make changes to your subscription by visiting http://www.rpvca.gov/list.aspx. You are receiving this message because you are subscribed to City Council, Successor Agency and Improvement Authority Agendas on www.rpvca.gov. To unsubscribe, click the following link: Unsubscribe 3 From: Sent: To: Subject: Teresa Takaoka Monday, July 15, 2019 11:57 AM CityCierk FW: RPV City Council July 16, 2019 New Business Agenda Item 3. Extra fire fuel abatement. From: SUNSHINE <sunshinerpv@aol.com> Sent: Monday, July 15, 2019 11:38 AM To: joneil@rpvca.gov Cc: CC <CC@rpvca.gov>; Elias Sassoon <esassoon@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>; David Pearce <DavidP@rpvca.gov>; gardner4@earthlink.net; theyorkproperties@gmail.com; ksnell0001@aol.com; cburton@acwm.lacounty.gov; EZStevens@cox.net; idsloan@aol.com Subject: RPV City Council July 16, 2019 New Business Agenda Item 3. Extra fire fuel abatement. Hi James, Even without seeing the "forthcoming" documents, I can see that this Agenda Item is too narrowly focused for Council to be able to discuss and address Staff's interpretations and "only where appropriate" decisions. (1) It is good to have such a Plan which causes action on a regular basis. One would think that this sort of community property maintenance would come under the category of "appropriate" and funded "day to day" business. But then, implementing the Coastal Specific Plan and the Trails Network Plan as "infrastructure maintenance" are not funded as "day to day" business. At this point, the issue before the Council is not the quality of the recommended Plan, it is a matter of what Council can direct which will produce some cost- effective action which accomplishes the tasks at hand. (2) We, the citizens of RPV have a Contract with PVPLC for them to take care of the flora, fauna, both good plants and bad. What protected flora and fauna needs to be monitored on City property which is not in a Reserve? $50,000.00 to be spent at who's discretion? (3) Which rate for work where? (4) Burma Road Trail is a term fraught with ambiguities. The Preserve Trails Plan (PTP) is a Trail User Guide for just the Reserves. The Trails Network Plan (TNP) is a directive for trail enhancement and maintenance all over the City. This is an opportunity for an enhancement. The specifications for the Burma Road Trail "repair" should address all of the Standards and Criteria in the "augmented" TNP. What 1 3. is in the Repair Work Order which engineers a prevention of future erosion? Does what the Fire Department is requesting indicate that a TYPE 2 or a TYPE 3 criteria be assigned in the updated "narratives" of trails A 10 and A 11? Regardless, has Staff considered designating this a TYPE 2 because it is a critical evacuation route? (5) Is Staff requesting additional funding for just a "Band-Aid" on this chronic erosion problem or is this work to be a permanent solution so that the Status: of at least A1 0 becomes Category I? (You may need to read the Introduction to the Conceptual Trails Plan for this to make sense.) (6) Has everyone forgotten my suggestion that Council consider creating a Policy (or even an Ordinance), which would eventually eradicate all acacias in the City of RPV? Whatever happened to that outfit that offers grants to eradicate a particular bad plant? PVPLC used one before to eradicate some "even worse than acacias" bad plant. PVPLC has means to meet their contractual obligations. Public Works needs a budget appropriation to remove acacias from all City properties, Rights of Way and easements. Start with the funding for frequently trimming them. I look forward to seeing a request for postponement on this Item .... S 310-377-8761 3. Consideration and possible action to receive and file a presentation on expanded wildfire prevention efforts within City-owned properties, and authorization of additional funding related to those additional efforts (O'Neil) (15 mins) Recommendation: (1) Receive and file a presentation on a Fuel Modification Plan for City-owned properties in order to expand wildfire prevention efforts on a regular basis; (2) Approve an additional appropriation of$50,000 to fund monitoring of protected flora and fauna by the Palos Verdes Peninsula Land Conservancy and/or a City- approved biologist related to fuel modification; (3) Approve an amendment to the Professional Services Agreement with Stay Green Inc. in a form approved by the City Attorney's office; (4) Approve an amendment to the Professional Services Agreement with Hardy and Harper to scarify and compact the Burma Road Trail; (5) Approve an additional appropriation of $24,700 to fund the additional services to be performed by Hardy & Harper, Inc. for the related Burma Road Trail repairs; and (6) No action on a budget appropriation of $200,000 to expand the removal of non-native vegetation to further reduce fuel load within the Palos Verdes Nature Preserve. 2