CC SR 20200901 H - Status of Acacia Removal
CITY COUNCIL MEETING DATE: 09/01/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to receive a status report on the City’s acacia
removal efforts.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a status report on the City’s acacia removal efforts.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: James S. O’Neill, Project Manager
REVIEWED BY: Ron Dragoo, Principal Engineer
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. May 19, 2020 staff report (page A-1)
B. February 18, 2020 staff report (page B-1)
C. September 17, 2019 staff report (page C-1)
BACKGROUND AND DISCUSSION:
In the past year, the City has spent approximately $107,835 on tree trimming, “up-
limbing” and tree removal for the purpose of wildfire prevention, including the removal of
approximately 30.6 acres of acacia from City-owned fuel modification areas, park sites,
and areas of the public right-of-way. This equates to approximately 54% of the
$200,000 appropriated by the City Council in September 2019, with an average cost of
approximately $3,524 per acre (Attachment A). This funding is separate from the
$507,300 in grants approved by the City Council to the Palos Verdes Peninsula Land
Conservancy (PVPLC) for its work toward removal of acacia from areas of the Palos
Verdes Nature Preserve (a status report on PVPLC’s efforts was provided at the June 2,
2020 City Council meeting).
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To date, staff identified the following areas with significant acacia growth and proceeded
its removal, as described below.
Burma Road Trail and Civic Center
Finley’s Tree & Landcare, Inc., was awarded a contract for $24,990 for work along the
Burma Road Trail and at the Civic Center. That work was completed in January 2020
and consisted of approximately 4 acres of acacia removal in a fuel modification area at
the top of the Burma Road Trail and an area adjacent to the City Hall building at the
Civic Center.
Civic Center, Point Vicente Interpretive Center (PVIC), Abalone Cove and areas in the
public right-of-way
On February 18, 2020, the City Council awarded a contract to Stay Green, Inc. for
acacia and other non-native tree removal for $39,970. Approximately 90% of that work
was completed in mid-May 2020. The remaining work could not be completed at that
time due to active bird nesting activity. The remaining work is expected to be completed
in September, which is after the bird nesting season concludes. Once that work is
completed, it is estimated that approximately 14.6 acres of acacia removal will have
been performed under the contract.
Palos Verdes Drive South, PVIC, Ladera Linda and Tarragon
On May 19, 2020, the City Council awarded a contract in the amount of $42,875 to
Traver’s Tree Service for acacia and other non-native tree trimming and removal in
designated areas. That work is now completed, with the exception of a small section of
acacia at PVIC, where an active bird nest was identified. Similar to the work described
above, the remaining work is expected to be completed in September, after the
conclusion of the bird nesting season. Upon completion, it is estimated that
approximately 12 acres of acacia removal will have been performed under the contract.
ADDITIONAL INFORMATION:
Staff is preparing to remove acacia from areas in the public right-of-way along Palos
Verdes Drive South and Palos Verdes Drive West, and is working to identify other areas
of the City. Per the City Council’s direction on August 4, Staff has asked Stay Green, as
the vendor providing landscaping services in the public right-of-way areas, to help
identify any acacia in such areas. Staff is making a similar request of West Coast
Arborists, the City’s arborist tasked with maintaining City trees (it is important to note
that large acacia is often mistaken as trees, when in fact acacia consists of shrubs.)
CONCLUSION:
Staff is pleased with the amount of acacia removed to date with just over 50% of the
budget appropriated by the City Council, and will continue to identify additional areas
throughout the City for acacia and other non-native tree trimming and removal.
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Staff also expects to reach out to the United States Coast Guard to discuss options for
addressing acacia along Palos Verdes Drive West on the Coast Guard property that
houses the Point Vicente Lighthouse and other Coast Guard facilities.
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CITY COUNCIL MEETING DATE: 05/19/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive a status report on the City’s acacia
eradication efforts.
RECOMMENDED COUNCIL ACTION:
1. Receive and file a status report on the City’s efforts to eradicate acacia; and,
2. Authorize the Mayor to execute a Contract Services Agreement, in a form
approved by the City Attorney, with Travers Tree Service, Inc. in the amount not
to exceed $42,875, for acacia and other non-native tree trimming and removal in
designated areas.
FISCAL IMPACT: $42,875
Amount Budgeted: $200,000
Additional Appropriation: None
Account Number(s): 101-400-3230-5201
(General Fund - Fuel Modification, Repair & Maintenance Services)
ORIGINATED BY: James S. O’Neill, Project Manager
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Aerial photos of areas of acacia to be removed (page A-1)
B. Contract Services Agreement with Travers Tree Service, Inc. (page B-1)
BACKGROUND AND DISCUSSION:
On September 17, 2019, the City Council appropriated $200,000 in additional funding in
support of the City’s new objective to eradicate acacia. This funding is separate from
$507,300 in grants to the Palos Verdes Peninsula Land Conservancy (PVPLC) for their
work toward that same goal. This report provides only a status update of the City’s
efforts, and a status report on PVPLC’s efforts will be provided at the June 2, 2020 City
Council meeting to allow additional time to gather more information.
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Since the September 17, 2019 meeting, the City has awarded contracts to Finley’s Tree
& Landcare, Inc. for $24,990 and Stay Green for $39,970 to perform acacia eradication.
The work performed by Finley’s Tree & Landcare was completed in January 2020
consisting of approximately 4 acres of acacia removal. Stay Green has completed
approximately 90% of their work, but the remaining work could not be completed
because of its proximity to active bird nests. Those nests were identified by the
PVPLC’s biologist during required bird nesting surveys prior to work being performed.
Stay Green is scheduled to complete remaining work after bird nesting season
concludes at the end of August (bird nesting season is typically February through
August). Once the work is completed, it is estimated that approximately 14.6 acres of
acacia removal will have occurred. Although a considerable amount of acacia was
removed by these projects, there are considerable amounts of acacia, both inside and
outside of the Palos Verdes Nature Preserve, that remain .
In order to continue to pursue the City Council’s objective of acacia eradication, Staff
targeted acacia at the following additional locations, as shown on the attached aerial
photographs (Attachment B):
Palos Verdes Drive South (Areas 1A and 1B)
Point Vicente (Area 2)
Point Vicente (Area 3)
Ladera Linda (Area 4A)
Ladera Linda (Area 4B)
Ladera Linda (Area 4C)
Tarragon Property (Area 5)
With the available remaining budget of $135,040, Staff solicited price quotes from
qualified tree arborist firms for additional acacia removal, and received the following four
quotes (listed from lowest to highest proposed bids):
Travers Tree Service $42,875
West Coast Arborists $95,000
Stay Green Inc. $96,263
Bennett Landscape $257,370
Based on the above bids, Staff prepared an agreement with Travers Tree Service, Inc.
(lowest bidder), in consultation with the City Attorney’s Office, for an amount not to
exceed $42,875. This will result in the removal of an approximately 12 acres of
additional acacia removal.
CONCLUSION:
Staff recommends the City Council award a Contract Services Agreement to Travers
Tree Service, Inc. to perform the requested services. Staff will return with
recommendations for additional contract services with the remaining budget as bids are
received for other areas.
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ALTERNATIVES:
In addition to the Staff recommendations, the following action is available for the City
Council’s consideration:
1. Take other action as deemed appropriate by the City Council.
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REMOVE ALL ACACIA AND NON‐NATIVES FROM AREAS 1A & 1B Palos Verdes Drive South 1A) North Side of Palos Verdes Dr. South 1B) South Side of Palos Verdes Dr. South EXHIBIT A‐1 A-4
Palos Verdes Drive West at Point Vicente InterpreƟve Center entrance. EXHIBIT A‐2 AREA 2 N REMOVE ALL ACACIA AND NON‐NATIVE (PALM, YUCCA, PEPPERTREE) FROM AREA 2. A-5
West of Palos Verdes Drive West; South of Oceanfront Estates. EXHIBIT A‐3 AREA 3 N REMOVE ALL ACACIA AND NON‐NATIVE (PALM, YUCCA, PEPPERTREE) FROM AREA 3. A-6
AREA 4 EXHIBIT A‐4 Ladera Linda Park; 4A) Slope North of Dauntless Drive; South Side of Fence Line. 4B) Area Extending Through Park Inside of Fence. 4C) North Side of Park Extending South Down Forrestal Drive. N REMOVE ALL ACACIA AND NON‐NATIVE (PALM, YUCCA, PEPPERTREE) FROM AREA 4. A-7
Area 5 is approximately: 56,577 Square Feet (1.3 Acres) Tarragon Property ; West of Tarragon Rd ; North of Palos Verdes Drive South EXHIBIT A‐5 AREA 5 REMOVE ALL ACACIA AND NON NATIVES IN AREA 5. A-8
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
TRAVERS TREE SERVICE INC.
For
ACACIA & TREE REMOVAL, UPLIMBING, AND MAINTENANCE
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
TRAVERS TREE SERVICE INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on May 19, 2020 by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and TRAVERS TREE SERVICE INC., a
California corporation (“Consultant”). City and Consultant 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. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or
“work” hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
purposes of this Agreement, the phrase “highest professional standards” shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant 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. Consultant shall comply with
and be bound by the provisions of Labor 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
Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
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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 Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant 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, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) 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, Consultant 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.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Consultant shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services to amend the
Agreement to add, deduct, or alter the services beyond those specified in the Scope of Services.
In the case of additional services, no such services may be undertaken unless an amendment to
the Agreement is first executed between the City and the Consultant, incorporating therein any
adjustment in (i) the Contract Sum for the actual costs of the additional services, and/or (ii) the
time to perform this Agreement. Any amendment for additional services must be approved by the
City Manager or by the City Council, in accordance with Chapter 2.14 of the Rancho Palos
Verdes Municipal Code. It is expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services: Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Consultant anticipates and that
Consultant shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Consultants. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $42,875 (Forty Two Thousand Eight Hundred Seventy Five
Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.9.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City’s Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall contain all information
specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its sole discretion, extend the Term for three additional one-year term(s).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Dustin Sanza Contract Coordinator/Supervisor
Name Title
Brad Travers Owner/Project Manager
Name Title
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Juan Hernandez City Superintendent, or such person as may
be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
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and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
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(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
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entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
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records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City’s sole risk
and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
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information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
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invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of
the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
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provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the
sum of $0 (Zero Dollars) as liquidated damages for each working day of delay in the performance
of any service required hereunder. The City may withhold from any monies payable on account
of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
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action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
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8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of
the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
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In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
A-29
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank
Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
TRAVERS TREE SERVICE INC.,
a California Corporation
By:
Name: Brad Travers
Title: Owner
By:
Name: Dustin Sanza
Title: Supervisor
Address:
904 Silver Spur Road #434
Rolling Hills Estates, CA 90274
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
A-31
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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 va lidity of that document.
A-32
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following fuel modification and tree removal services (the
Services):
A. Remove and dispose of acacia and other non-native trees/vegetation along Palos
Verdes Drive South. Area is more accurately depicted in Exhibit A-1. Tree
removals shall be made with flush cut to the ground.
B. Remove and dispose of all acacia and other non-native trees/vegetation at Point
Vicente Interpretive Center (PVIC). Areas are more accurately depicted in Exhibit
A-2. Tree removals shall be made with flush cut to the ground.
C. Remove and dispose of all acacia and other non-native trees at PVIC, area more
accurately depicted in Exhibit A-3. Tree removals shall be made with flush cut to
the ground.
D. Remove and dispose of all acacia and other non-native trees/vegetation at Ladera
Linda Park. Areas are more accurately depicted in exhibit A-4. Tree removals
shall be made with flush cut to the ground.
E. Remove and dispose of all acacia and other non-native trees/vegetation at
Tarragon Property. Area is more accurately depicted in exhibit A-5. Tree removals
shall be made with flush cut to the ground.
F. Traffic control shall be provided in the City Right of Way, specifically for
services provided for Exhibit A-1. All traffic control plans must be presented and
approved by the City’s Department of Public Works a minimum (5) business days
before start of work.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Provide digital photos and/or video of work areas both prior to initiating work,
during work upon request by the City, and after work is completed.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
Not Applicable.
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IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
1. Dustin Sanza, Supervisor.
2. Brad Travers, Owner
3. Salvador Jimenez, Foreman
4. Rosemary Martinez. Dispatcher
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N
A-35
A-36
A-37
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 5.1(c) is hereby amended to read as follows: (deletions noted in
strikethrough, additions noted in bold italics)
Arborist and Landscape Services Workmanship Errors insurance Professional
liability (errors & omissions) insurance. Consultant shall maintain arborist and
landscape services workmanship errors professional liability insurance that
covers the Services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective
date of this Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three (3) years after completion of the services
required by this Agreement.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
DESCRIPTION RATE SUB-BUDGET
Palos Verdes Drive South
Area 1A and 1B
Lump Sum $950
Point Vicente
Area 2
Lump Sum $7,500
Point Vicente
Area 3
Lump Sum $2,500
Ladera Linda Park
Area 4A
Lump Sum $15,600
Ladera Linda Park
Area 4B
Lump Sum $ 6,275
Ladera Linda Park
Area 4C
Lump Sum $ 7,100
Tarragon Property Lump Sum $2,600
Traffic Control Lump Sum $360
TOTAL BUDGET $ 42,875
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II. 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 the Contract
Officer, funds may be shifted from one Task sub-budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
Not Applicable
A-42
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Location Days to
Perform
Deadline Date
Palos Verdes Drive
South
As-Needed July 1, 2020
Point Vicente
Interpretive Center
As- Needed July 1, 2020
Ladera Linda Park As-Needed July 1, 2020
Tarragon Property As-Needed July 1, 2020
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Notice to City, delivered electronically, of work scheduled seven (7) in advance of
performing work.
B. Notice to City, delivered electronically, that work has been completed and is ready
for inspection.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
A-43
CITY COUNCIL MEETING DATE: 02/18/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a contract services agreement to Stay
Green Inc. for acacia and other non-native tree removal
RECOMMENDED COUNCIL ACTION:
(1) Authorize a contract award to Stay Green Inc. in the of $39,970 for acacia and
other non-native tree removal, up-limbing and tree trimming in designated areas;
and,
(2) Authorize the Mayor to execute the contract services agreement in a form
approved by the City Attorney.
FISCAL IMPACT: $39,970
Amount Budgeted: $200,000
Additional Appropriation: None
Account Number(s): 101-400-3230-5201
(General Fund - Fuel Modification, Repair & Maintenance Services)
ORIGINATED BY: James S. O’Neill, Project Manager
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, Interim City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Contract Services Agreement with Stay Green, Inc. (page A-1)
BACKGROUND AND DISCUSSION:
On September 17, 2019, the City Council authorized Staff to negotiate contracts up to
$200,000 for tree trimming, “up-limbing” and tree removal related to fuel modification, as
well as removal of acacia shrubs. Since that meeting, the City approved a $24,990
contract with Finley’s Tree & Landcare, Inc. for acacia and other non-native tree
removal in a fuel modification area at the top of Burma Road Trail and an area near City
Hall. That work was completed on January 13, 2020.
Continuing to pursue the City Council’s objective of acacia eradication, Staff solicited
price quotes from qualified tree arborist firms and received the following five quotes:
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Stay Green Inc. $39,970
Finley’s Tree & Landcare, Inc. $90,360
Travers Tree Service $94,190
Bennett Landscape $115,950
West Coast Arborists $249,000
As authorized by the City Council, Staff negotiated and prepared a contract, in
consultation with the City Attorney’s Office, for an amount not to exceed $39,970 with
Stay Green Inc. (lowest bidder) for acacia removal at the following locations:
Civic Center – The work includes the large area that runs along the north side and
within 200 feet of City Hall (and is therefore a fuel modification area). This area also
has power lines running through tall acacia. A second area at the Civic Center will
be cleared of acacia along the main entrance road from Hawthorne Boulevard.
Point Vicente Interpretive Center – This fuel modification area is primarily in a ravine
and within 200 feet of homes in the Oceanfront Estates neighborhood.
Abalone Cove – There is an abandoned tennis court area (with original asphalt
remaining) in Abalone Cove which is overgrown with large acacia and non-native
trees (the original court is barely visible due to the extensive overgrowth). This area
of the Palos Verdes Nature Preserve (Abalone Cove Reserve) is designated for
revegetation by the Palos Verdes Peninsula Land Conservancy (PVPLC), but that
work cannot be performed without the removal of the old asphalt. Clearing of the
acacia and non-native trees needs to be performed before that clearing can be
performed. A second area with large acacia will be cleared adjacent to Seacove
Drive and Palos Verdes Drive South.
Various Public Rights-of-Way – This work includes the removal of 100 acacia shrubs
from areas to be identified by Staff
CONCLUSION:
With the available budget of $175,010, Staff recommends the City Council award a
contract services agreement to Stay Green Inc. to perform the requested services. Staff
will return with recommendations for additional contract services for the remaining
budget balance at a future meeting.
ALTERNATIVES:
In addition to the Staff recommendations, the following action is available for the City
Council’s consideration:
1. Take other action as deemed appropriate by the City Council.
B-2
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
STAY GREEN INC.
for
Acacia & Tree Removal, Uplimbing, and Maintenance
B-3
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
STAY GREEN INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on February , 2020 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and STAY GREEN 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 defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or
“work” hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. 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
purposes of this Agreement, the phrase “highest professional standards” shall mean those
B-4
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
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 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Contractor shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of 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 of the 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 of Labor 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
B-5
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.
(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 perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the 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.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) times the basic rate of pay.
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(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 for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Contractor’s performance of the services required by this Agreement, and shall indemnify,
defend and hold harmless City, its officers, employees or agents of City, against any such fees,
assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Contractor shall immediately inform
the City of such fact and shall not proceed except at Contractor’s risk until written instructions
are received from the Contract Officer.
B-7
1.7 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services to amend the
Agreement to add, deduct, or alter the services beyond those specified in the Scope of Services.
In the case of additional services, no such services may be undertaken unless an amendment to
the Agreement is first executed between the City and the Contractor, incorporating therein any
adjustment in (i) the Contract Sum for the actual costs of the additional services, and/or (ii) the
time to perform this Agreement. Any amendment for additional services must be approved by the
City Manager or by the City Council, in accordance with Chapter 2.14 of the Rancho Palos
Verdes Municipal Code. It is expressly understood by Contractor that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services: Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Contractor anticipates and that
Contractor shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Contractors. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
B-8
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
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 $39,970 (Thirty Nine Thousand Nine Hundred Seventy
Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Contractor’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City’s Director of
Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying
compliance with all provisions of the Agreement. The invoice shall contain all information
specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed
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invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to
Contractor for correction and resubmission. Review and payment by City for any invoice
provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein
or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its sole discretion, extend the Term for three additional one-year term(s).
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:
Chris Angelo President
Steve Seely Branch Manager
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of 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
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Contractor without the express written approval of City. Additionally, Contractor shall utilize
only competent personnel to perform services pursuant to this Agreement. Contractor shall make
every reasonable effort to maintain the stability and continuity of Contractor’s staff and
subcontractors, if any, assigned to perform 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 conferred under this Agreement or is otherwise expressly conferred 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 officials, officers,
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.
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4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, City Engineer, or such person as may be
designated by the City Manager. It shall be the Contractor’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise
with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contractor, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or
any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of
any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Contractor, its agents, representatives, employees or subContractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subContractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
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reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellati on (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subContractors,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Contractor agrees that upon request, all agreements with Contractors,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
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under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or
indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
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except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Contractor’s business,
custody of the books and records may be given to City, and access shall be provided by
Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
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rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Contractor or be
present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Contractor. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Contractor for any work performed
after the date of default. Instead, the City may give notice to Contractor of the default and the
reasons for the default. The notice shall include the timeframe in which Contractor may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Contractor is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Contractor does not cure the default, the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of
the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of $0 (Zero Dollars) as liquidated damages for each working day of delay in the performance
of any service required hereunder. The City may withhold from any monies payable on account
of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Contractor may determine. Upon receipt of any
notice of termination, Contractor shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
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thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Contractor’s performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times
B-21
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of
the Contractor, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
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 carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
B-24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES,
a municipal corporation
Ara Michael Mihranian, AICP,
City Manager
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
STAY GREEN INC.,
a California Corporation
By:
Chris Angelo, President
By:
Steve Seely, Branch Manager
Address: 26415 Summit Circle
Santa Clarita, California 91350
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 Financial Officer or any Assistant Treasurer. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.
B-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 do cument and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
B-26
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
B-27
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following fuel modification and tree removal services (the
Services):
A. Remove all Acacia and other non-native trees, including Pepper and Yucca trees,
with flush cut, and remove dead Palm fronds from remaining Palm Trees at the
two City Center Complex areas more accurately depicted in Exhibit A-1.
B. Remove all Acacia with flush cut at the identified areas at the Point Vicente
Interpretive Center (“PVIC”) area more accurately depicted in Exhibit A-2.
C. Remove all Acacia with flush cut at the identified areas at the Abalone Cove area
more accurately depicted in Exhibit A-3.
D. Remove up to 100 Acacia trees along street medians and parkway areas Citywide,
as directed by the Public Works Department.
II. As part of the Services, Contractor will prepare and deliver the following tangible work
products to the City:
Not Applicable.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Contractor will keep the City appraised of the status of performance by delivering the
following status reports:
Not Applicable.
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Contractor without additional charge to the City until found satisfactory and accepted
by City.
V. Contractor will utilize the following personnel to accomplish the Services:
1. Steve Seely, Branch Manager
2. Adrian Elizarraras, Account Manager
3. Zachariah Lavenant, Production Manager
4. Dave Evans, Account Manager
B-28
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 5.1(c) is hereby amended to read as follows: (deletions noted in
strikethrough, additions noted in bold italics)
“Arborist and Landscape Services Workmanship Errors insurance Professional
liability (errors & omissions) insurance. Contractor shall maintain arborist and
landscape services workmanship errors professional liability insurance that
covers the Services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective
date of this Agreement and Contractor agrees to maintain continuous coverage
through a period no less than three (3) years after completion of the services
required by this Agreement.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates:
DESCRIPTION RATE SUB-BUDGET
OF WORK
1. Civic Center Complex Lump Sum $ 9,985
Area 1
2. Civic Center Complex Lump Sum $ 5,535
Area 2
3. Point Vicente Lump Sum $ 5,835
Interpretive Center
4. Abalone Cove Lump Sum $ 6,615
5. Removal of Acacia in $ 120/Tree $12,000
PROW (Roadsides)
TOTAL BUDGET $ 39,970
II. 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 the 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 1.9.
IV. The 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, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
B-30
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Contractor’s billing rates for all personnel are attached as Exhibit C-1.
Not Applicable
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all services timely in accordance with the following
schedule:
Location Days to Perform Deadline Date
A. Civic Center
Complex
As- Needed March 31, 2020
B. PVIC & Abalone
Cove
As-Needed March 31, 2020
C. PROW
(Roadsides)
As-Needed April 30, 2020
II. Contractor shall deliver the following tangible work products to the City by the
following dates.
A. Notice to City, delivered electronically, of work scheduled seven (7) in advance of
performing work.
B. Notice to City, delivered electronically, that work has been completed and is ready
for inspection.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
B-32
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to appropriate additional funding in support of the City’s
fuel modification efforts and to support the City’s new goal to eradicate acacia ; award a
three-year contract to Fire Grazers; award a contract amendment to Hardy & Harper;
authorize Staff to negotiate contracts for tree trimming and removal; and authorize Staff
to negotiate a contract with Interwest Consulting Group to oversee and manage the City’s
efforts, and coordinate with associated agencies and manage associated contracts.
RECOMMENDED COUNCIL ACTION:
(1) Authorize an additional appropriation of $399,800 in support of the City’s Fuel
Modification efforts;
(2) Award a three-year contract amendment to Fire Grazers for two goat herds to be
utilized for Fuel Modification in the amount of $450,000 (with an annual
expenditure of $150,000, of which $140,000 is already included in the adopted
budget);
(3) Authorize staff to negotiate contracts up to $200,000 for tree trimming, “up -limbing”
and tree removal related to Fuel Modification, as well as removal of Acacia shrubs;
(4) Authorize staff to negotiate an agreement with a geologist for tree trimming, “up-
limbing” and tree removal related to Fuel Modification, as well as removal of Acacia
shrubs, not to exceed $25,000;
(5) Award a contract amendment to the Hardy & Harper contract to make necessary
repairs to the Peppertree Trail and Water Tank trails in the amount of $39,800;
(6) Authorize staff to negotiate a contract up to $1 25,000 with Interwest Consulting
Group to oversee and manage the City’s Fuel Modification efforts and associated
contracts;
(7) Alternately discuss and take other action related to this item.
FISCAL IMPACT: $399,800
Amount Budgeted: $0
Additional Appropriation: $399,800
Account Number(s): 101-400-3230-5101 ($150,000)
(General Fund - Fuel Modification/Professional &Technical Services)
101-400-3230-5201 ($249,800)
(General Fund - Fuel Modification/Repair & Maintenance Services)
ORIGINATED BY: James O'Neill, Engineering Assistant
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Los Angeles County Fire Department’s “Ready! Set! Go!” brochure (page A-1)
C-1
B. “Trimming Requirements” graphic provided by County of Los Angeles
Department of Agricultural Commissioner / Weights and Measures (page B-1)
C. Check List of Brush Clearance Requirements provided by County of Los
Angeles Department of Agricultural Commissioner / Weights and Measures
(page C-1)
D. Agreement with Fire Grazers (page D-1) (forthcoming)
E. Amendment to the agreement with Hardy & Harper agreement (page E-1)
(forthcoming)
EXECUTIVE SUMMARY:
Staff is requesting the City Council to approve new contracts and contract amendments,
along with $399,800 in additional funding for this fiscal year, in support of the City’s Fuel
Modification efforts, including:
1. $150,000 for the first year of a new 3-year contract with Fire Grazers (a.k.a. the
goats) for two goat herds for weed and brush abatement in identified Fuel
Modification zones ($140,000 is already included in the adopted budget,
therefore and additional appropriation of $10,000 is requested for this service)
2. $200,000 for tree trimming, “up-limbing” and tree removal related to Fuel
Modification, as well as removal of Acacia shrubs
3. $25,000 for geologic assessments of sloped areas where Fuel Modification is
prescribed
4. $39,800 for necessary repairs to two trails that accommodate vehicular access
for proper Fire Department accessibility
5. $125,000 for consultant services to oversee and manage the City’s Fuel
Modification efforts and associated vendor contracts
BACKGROUND AND DISCUSSION:
At the City Council meeting on July 16, 2019, staff presented an initial Fuel modification
Plan for City-owned properties to expand the City’s efforts on a n on-going basis. Staff
continues to evaluate City-owned parcels identified in that presentation to determine the
proper boundaries for Fuel Modification zones and appropriate Fuel Modification
requirements for those areas.
As part of this evaluation process, staff has digitally traced over 1,000 homes that are
located within 200 feet of City parcels and digitally mapped 30 feet and 200 feet buffers
around each of those homes within the past few months. Those zones (“Zone 1” and
“Zone 2” of defensible space, as defined by the Los Angeles County Fire Department’s
“Ready! Set! Go!” brochure, page A-1) define the Fuel Modification zones on City
property, along with brush clearance within 10 feet of roadways.
The majority of those zones on City parcels are located in the Palos Verdes Nature
Preserve (the Nature Preserve), which covers over 1,400 acres and represents
C-2
approximately 17% of the entire City. Other zones are located on City parcels outside of
the Nature Preserve.
It is important to note that Fuel Modification and creating and maintaining defensible
space around homes is every property owner’s responsibility.
The City has historically addressed the requirement to remove, trim or thin out flammable
vegetation in Fuel Modification zones by contracting with Fire Grazers to provide a goat
herd that consumes vegetation, or with other vendors to manually cut vegetation, primarily
with line trimmers. These efforts do not address the need for tree trimming or tree
removal, nor address potential erosion concerns in sloped areas where vegetation is
being removed.
Governing Regulation with regards to Native Habitat
The City and all property owners are governed by federal and state requirements, such
as the Endangered Species Act, and therefore required to protect certain species and
their native habitat. Although this requirement does not prevent property owners from
creating and maintaining defensible space around their homes, the removal of such
habitat is regulated.
As a property owner, the City complies with regulations for the removal, trimming or
thinning of native habitat on City property, including but not limited to the Nature P reserve,
through the City’s draft Natural Communities Conservation Plan/ Habitat Conservation
Plan (NCCP/HCP). This agreement, even in its current draft form, helps the City expedite
Fuel Modification efforts because Fuel Modification is a covered activity in the
NCCP/HCP. As part of the City’s Fuel Modification efforts, staff coordinates with
California Department of Fish and Game (CDFG) and the United States Fish and Wildlife
Service (USFG) in quantifying losses to native habitat. Without the NCCP/HCP, the City
would be subject to federal and state permitting requirements.
The City maintains its properties, including contracting with vendors to perform services
to create and maintain defensible space, and contracts with the Palos Verdes Peninsul a
Land Conservancy to manage the habitat in the Nature Preserve.
As a quick aside, the Nature Preserve serves as the City’s habitat “bank,” drastically
streamlining the City’s environmental permitting process and permitting costs for City
projects.
Expedited weed and brush abatement by goats
The initial Fuel Modification plan presented on July 16 reflected Fire Grazers providing
two goat herds, compared to the one herd historically provided. In order for Fire Grazers
to offer that option in a cost effective proposal, they are requesting a three-year contract.
Staff met with Fire Grazers’ management, and recommend awarding a three -year
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contract. Utilizing two herds simultaneously will substantially expedite fuel modification at
City properties and allow for site revisits through the summer as necessary.
The three-year contract reflects an anticipated expenditure of $150,000 annually, of which
$140,000 was already included in the adopted 2019/2020 Fiscal Year budget.
Staff is recommending that Fire Grazers be awarded a new three-year contract for those
services. (page D-1)
Tree trimming, “Up-limbing” and tree removal
As part of the Los Angeles County Fire Department’s (LA County Fire) and County of Los
Angeles Department of Agricultural Commissioner / Weights and Measures’ (LA County
Agricultural Commissioner) Fuel Modification requirements for creating defensible space
around structures, trees and brush to remain must be trimmed. Trimming up (or “limbing
up”) requires that lower limbs of trees and brush be removed to up to 1/3 their height or
to a maximum clearance of 6 feet from the ground. (See Attachments B-1 and C-1)
This work is not currently performed by other contracted vendors when working in Fuel
Modification zones.
Staff is requesting authorization to negotiate contracts totaling no more than $200,000 to
provide necessary tree trimming, including “limbing up,” and tree removal for the City to
comply with Fuel Modification requirements on City-owned properties and in the public
right-of-way. This amount also includes anticipated expenses to remove Acacia shrubs
from the public right-of-way along roadways.
Staff will direct contracted vendors to remove Acacia shrubs (commonly mistaken for
trees in many instances) found in Fuel Modification zones and the City’s right-of-way,
rather that trimming such “trees.”
Geotechnical assessment(s)
The City has a 2009 Geologic Assessment to assess potential impacts from Fuel
Modification, however staff recommends contracting for a new report due to the time
elapsed since that analysis was performed. Such an assessment will make
recommendations on fuel modification in sloped areas.
Staff anticipates the costs of such services to not exceed $25,000.
Peppertree Trail and Water Tank Trail
The Peppertree Trail and Water Tank trail are in need of repair, and the Los Angeles
County Fire Department is requesting their repair for proper access to those areas of the
Portuguese Bend Reserve. Peppertree Trail sustained substantial erosion damage
during last winter’s storms, and is currently unpassable by vehicle. Water Tank Trail also
has damage from erosion.
C-4
Recent photos of the Peppertree Trail:
Recent photos of the Water Tank Trail:
Hardy & Harper has provided a proposal to make the necessary repairs by adding new
dirt and/or scarifying and compacting the damaged areas of the trails . All dirt brought to
the sites will be required to be certified as “clean.”
Staff is recommending awarding an amendment to Hardy & Harper’s current contract to
perform these necessary repairs at a cost not to exceed $39,800. (page E-1)
Management of Fuel Modification efforts
Managing Fuel Modification for City properties, both inside and outside of the Nature
Preserve, and associated coordination with property owners and various agencies
(including PVPLC, LA County Fire, LA County Agricultural Commissioner, and State and
Federal Wildlife Agencies), is an effort that requires a large and growing amount of
attention and staff time. With the peninsula’s designation as a Very High Fire Hazard
Severity Zone, staff believes that the City needs assistance to handle this rapidly growing
area. Rather than propose a new employee for work that should be focused on 4 -5
months, staff is proposing a contracted position that would focus exclusively on the City’s
efforts and associated coordination during the critical clearing months. A dedicated
consultant position might also identify opportunities to address concerns and further the
City’s preparation, including coordination with Southern California Edison and potential
training for staff and residents.
Staff is requesting authorization to negotiate a contract of no more than $1 25,000
annually to provide a contracted position for such management and coordination.
C-5
Eradication of Acacia in Rancho Palos Verdes
At its September 3, 2019, meeting, the City Council expressed its desire for staff to pursue
the eradication of Acacia within the City of Rancho Palos Verdes. This effort would build
upon an effort by the Palos Verdes Peninsula Land Conservancy (PVPLC) funded by a
City grant approved at that meeting.
Currently, staff estimates there are about 300 Acacia in the public right -of-way, with a to-
be-determined number in the Nature Preserve. Due to easier accessibility, and a clearer
understanding of the scope of work, this work in the right-of-way is recommended to be
started first while the locations and number of Acacia in the Nature Preserve is being
determined.
As reported by PVPLC in their presentation to City Council on September 3, they are in
the process of identifying and determining the number of Acacia shrubs in the Preserve.
The removal of Acacia shrubs that their vendors will be performing at 22 acres of the
Nature Preserve is expected to be completed in 4-6 weeks, and is viewed as a “proof of
concept” project that Public Works will monitor. Staff will compare the success and
related costs of PVPLC’s vendors on that project and the success and related costs of
removing Acacia shrubs from the right-of-way along roadways to determine the
recommendation for continued eradication of Acacia shrub efforts.
The removal of Acacia shrubs in the public right-of-way will be performed under the
contract(s) negotiated for tree trimming, “limbing up” and tree removal.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Receive and file this report and take no further action at this time.
2. Direct staff to work with PVPLC for a quote to remove remaining Acacia in the
Nature Preserve as an alternative to WCA performing such services
C-6
YOUR PERSONALWILDFIRE ACTION PLAN
fire.lacounty.gov C-7
The Ready!Set!Go! program is supported by the following partner agencies:
MESSAGE FROM FIRE CHIEF DARYL L. OSBY
Dear Residents,
Los Angeles County is one of the most
beautiful places to live, but for those
living in “wildland urban interface
areas,” it does not come without risks.
Climate change has made fire season year-round and increased our
ever-growing number of wildfires. Firefighters and residents alike
are now constantly on heightened alert for the threat of wildfires.
The Los Angeles County Fire Department, along with our
partnering agencies, stand ready to quickly respond to contain
wildfires, utilizing our firefighting resources from the air and
ground to help protect you and your property from wildfire.
But, we can’t do this without your cooperation. Preparation and
prevention go hand-in-hand. This Ready! Set! Go! brochure was
designed to provide you with critical information on creating
defensible space around your home, retrofitting your home with
fire-resistant materials, and preparing you to safely evacuate well
ahead of a wildfire. Please protect yourself, your family, and your
property from a devastating wildfire by taking the time to learn
about Ready! Set! Go!
In Los Angeles County, wildfires will continue to be fueled by a
build-up of seasonal dry vegetation and driven by dry conditions
and locally strong winds, making them extremely dangerous and
challenging for firefighters to control. Yet, many homeowners
don’t consider how a wildfire could affect them, and very few
residents have properly prepared for evacuation until it is too late.
You play the most important role in protecting yourself, family,
and property. Through planning and preparation, we can all be
ready for the next wildfire. I hope you find the information in
this brochure helpful as you prepare your home and family for
a wildfire.
As always, if you need additional information about preparing
for a wildfire or any other natural disaster, please contact your
nearest fire station or visit us at fire.lacounty.gov.
Daryl L. Osby
Los Angeles County Fire Chief
INSIDE
READY!
Wildland Urban Interface
Create a Defensible Home
Fuel Modification 3
Defensible Space 4
Ornamental Vegetation 5
Hardening Your Home 6-7
Tour a Wildfire-Ready Home
SET!
Create Your Own Wildfire Action Plan 8-9
Emergency Supply Kit 10
Pre-Evacuation Preparation Steps 11
GO!
Take Action Immediately 13
When Wildfire Strikes
What to Do if You Become Trapped 14
Returning Home After a Wildfire
Additional Resources 15
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 3
Create a Defensible Home
A defensible home is a home that has the greatest potential
for surviving a wildfire. Defensible homes are those
that are in compliance with the Los Angeles County Fire
Department’s Defensible Space requirements or have been
through the Fire Department’s Fuel Modification Plan Review
Program, and have been constructed in accordance with the
latest building standards for the fire zones.
What Is Fuel Modification?
The Fuel Modification Plan Review Program affects new
structures and developments built in the fire hazard severity
zones. A Fuel Modification Plan, submitted by applicants,
reviews landscaping plans and identifies areas of defensible
space within all fuel modification zones around structures.
For further information please visit: bit.ly/fuelmod
Zone A
• Vines and climbing plants
shall not be allowed on any
combustible structure.
• Irrigated area consisting of low-
growing, small herbaceous plants
with high-moisture content
immediately around structures.
• Occasional accents of woody shrubs
or an occasional small patio tree
ten feet from structure, if widely
spaced and zone appropriate as well
as eliminating annual grasses and
leaf litter help prevent direct-flame
impingement on the structure.
Zone B
• Also irrigated with an approved
slightly dense planting avoiding
woody plant species larger than 3 feet
at maturity beneath any tree canopy.
• Introducing shade trees that are zone
appropriate with adequate spacing
by eliminating continuous canopy
coverage and continuous fuels to
minimize fire transmission.
• Screen plantings can be used;
however, continuous hedging is
discouraged as it promotes the
accumulation of dead litter inside the
live hedge.
Zone C
• Thinned to remove dead vegetation
and prevent overgrowth.
• Designed to slow the fire’s
progress and reduce its intensity
by decreasing the availability of
continuous fuels.
• Native vegetation thinned 30 to 50
percent in Zone C.
EXTENDS 20 FEET
FROM STRUCTURE
EXTENDS UP TO 100 FEET
FROM STRUCTURE
EXTENDS FROM ZONE B
OUTER EDGE UP TO 200 FEET
FROM STRUCTURE
Living in the Wildland Urban Interface
Ready! Set! Go! begins with a house that firefighters can defend.
Ideal Fuel Modification Landscape:
Limited woody plant material, high moisture content,
adequate spacing and inorganic mulch thoughout Zone A.
Fuel Modification Zones
FEET
WILDLAND/
OPEN SPACE
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4 LOS ANGELES COUNTY FIRE DEPARTMENT
Defensible Space
Creating and maintaining defensible space are essential for increasing your home’s chance of
surviving a wildfire. It’s the buffer that homeowners are required to create on their property
between a structure and the plants, brush, and trees or other items surrounding the structure that
could catch fire. This space is needed to slow the spread of wildfire and improves the safety of
firefighters defending your home. The defensible space for each structure varies, depending on the
type of vegetation and topography.
Two zones make up the required 100 feet of defensible space (and, in some cases, 200 feet due to
high fire hazard).
Zone 1
Extends 30 feet out from buildings,
structures, decks, etc.
• Remove all dead or dying vegetation.
• Remove dead or dry leaves and pine needles from your
yard, roof, and rain gutters.
• Trim trees regularly to keep branches a minimum of 10
feet from other trees.
• Remove dead branches that hang over your roof. And,
keep branches 10 feet away from your chimney.
• Relocate exposed woodpiles outside of Zone 1 unless they
are completely covered in a fire-resistant material.
• Remove vines and climbing plants from combustible
structures (e.g. bougainvillea, wisteria)
• Remove or prune vegetation near windows.
• Remove vegetation and items that could catch fire from
around and under decks.
• Create a separation between trees, shrubs, and items that
could catch fire, such as patio furniture, swing sets, etc.
Zone 2
Extends 30 to 100 feet from buildings
and other structures.
(Note: The inspecting officer may require an additional 100 feet of
thinning or removal, for a total of 200 feet due to high-fire hazard.)
• Cut or move annual grass down to a maximum height
of four inches.
• Create horizontal spacing between shrubs and trees.
• Create vertical spacing between grass, shrubs, and trees.
• Remove fallen leaves, needles, twigs, bark, cones, and small
branches. However, they may be permitted to a depth of 4
inches if erosion control is an issue.
Note: Special attention should be given to the use and
maintenance of ornamental plants known or thought to be
high-hazard plants when used in close proximity to structures.
Examples include Acacia, Cedar, Cypress, Eucalyptus, Italian
Cypress, Juniper, Palms (remove all dead fronds), Pine
(removal within 20’ of structures) and, pampas grass. These
plantings should be properly maintained and not allowed to
be in mass plantings that could transmit fire from the native
growth to any structure.
30 FEET
30 FEET
30 FEET
70 FEET
Zone 1
Zone 2
Zone 1
Defensible Space
(ZONE 1+ ZONE 2 = 100 FEET)
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 5
ORNAMENTAL LANDSCAPE
Preventing conditions where fire can travel from
adjacent fuels, through an ornamental landscape to your
structure, is the key to creating defensible space. Fire
spreads through convection, conduction, radiation, or
embers. Proper maintenance of ornamental vegetation
reduces ember production, fire propagation, intensity, and
duration of the approaching flames.
70 FEET
Zone 2
This home provides a good example of defensible space.Firefighters in defensible space during a wildfire.
Acacia (Shrub)Eucalyptus Juniper
Palm Pine Pampas Grass
HIGH-HAZARD PLANTS
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6 LOS ANGELES COUNTY FIRE DEPARTMENT
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2Safeguard or “Harden” Your Home
The ability of your home to survive a wildfire
depends on its construction materials and the
quality of the “defensible space” surrounding
it. Windblown embers from a wildfire will find
the weak link in your home’s fire protection
scheme and gain the upper hand because of a
small, overlooked or seemingly inconsequential
factor. However, there are measures you can take
to safeguard your home from wildfire. While you
may not be able to accomplish all of the measures
listed below, each will increase your home’s - and
possibly your family’s - safety and survival.
Address
• Make sure your address is clearly visible from the road.
Chimney
• Cover your chimney and stovepipe outlets with a non-
flammable screen of ¼-inch wire mesh or smaller to
prevent embers from escaping and igniting a fire.
• Make sure that your chimney is at least 10 feet away from
any tree branches.
Deck/Patio Cover
• Use heavy timber or non-flammable construction
material for decks and patio covers.
• Enclose the underside of balconies and decks with
fire-resistant materials to prevent embers from
blowing underneath.
• Keep your deck clear of combustible items, such as baskets,
dried flower arrangements, and other debris.
• The decking surface must be ignition-resistant if it’s within
10 feet of the home.
Driveways and
Access Roads
• Driveways should be designed to allow fire and emergency
vehicles and equipment to reach your home.
• Access roads should have a minimum 10-foot clearance on
either side of the traveled section of the roadway and should
allow for two-way traffic.
• Ensure that all gates open inward and are wide enough to
accommodate emergency equipment.
• Trim trees and shrubs overhanging the road to a minimum
of 13-½ (or 13.5) feet to allow emergency vehicles to pass.
Garage
• Have a fire extinguisher and tools, such as a shovel, rake,
bucket, and hoe, available for fire emergencies.
• Install a solid door with self-closing hinges between
living areas and the garage. Install weather stripping
around and under the doors to prevent ember intrusion.
• Store all combustibles and flammable liquids away from
ignition sources.
Home Site and Yard
• Ensure you have at least a 100-foot radius of defensible
space (cleared vegetation) around your home. This means
looking past what you own to determine the impact
a common slope or neighbor’s yard will have on your
property during a wildfire.
• Cut dry weeds and grass before noon when temperatures
are cooler to reduce the chance of sparking a fire.
• Landscape with fire-resistant plants that are low-growing
with high-moisture content.
• Keep woodpiles, propane tanks, and combustible materials
away from your home and other structures, such as
garages, barns, and sheds.
• Ensure trees are far away from power lines.
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3
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Tour a Wildfire-Ready Home
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 7
Inside
• Keep working fire extinguishers on hand and train
your family how to use them (check expiration
dates regularly).
• Install smoke alarms on each level of your home
and near bedrooms. Test them monthly and change
the batteries twice a year.
Non-Combustible
Boxed-In (Soffit)Eaves
• Box-in eaves with non-combustible
materials to prevent accumulation
of embers.
Non-Combustible Fencing
• Make sure to use non-combustible fencing to protect your
home during a wildfire.
Rain Gutters
• Screen or enclose rain gutters to prevent
accumulation of plant debris.
Roof
• Your roof is the most vulnerable part of your home
because it can easily catch fire from windblown embers.
• Homes with wood shake or shingle roofs are at a higher risk
of being destroyed during a wildfire.
• Build your roof or re-roof with fire-resistant materials that
include composition, metal, or tile.
• Block any spaces between roof decking and covering to
prevent ember intrusion.
• Clear pine needles, leaves, and other debris from your roof
and gutters.
• Cut any tree branches within 10 feet of your roof.
Vents
• Vents on homes are particularly vulnerable
to flying embers.
• All vent openings should be covered with
¼-inch or smaller metal mesh. Do not use
fiberglass or plastic mesh because they can
melt and burn.
• Attic vents in eaves or cornices should be
baffled or otherwise prevent ember intrusion (mesh is
not enough).
Walls
• Wood products, such as boards, panels, or shingles, are
common siding materials. However, they are combustible
and not good choices for fire-prone areas.
• Build or remodel with fire-resistant building materials, such
as brick, cement, masonry, or stucco.
• Be sure to extend materials from foundation to roof.
Water Supply
• Have multiple garden hoses that are long
enough to reach any area of your home and
other structures on your property.
• If you have a pool or well, consider a pump.
Windows
• Heat from a wildfire can cause windows to break even
before the home ignites. This allows burning embers
to enter and start internal fires. Single-paned and large
windows are particularly vulnerable.
• Install dual-paned windows with an exterior pane of
tempered glass to reduce the chance of breakage in a fire.
• Limit the size and number of windows in your home that
face large areas of vegetation.
Utilities
• Ensure that your family knows where your gas, electric,
and water main shut-off controls are and how to safely shut
them down in an emergency.
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8 LOS ANGELES COUNTY FIRE DEPARTMENT
Important Phone Numbers
A family communication plan that designates an out-of-area
friend or relative as a point-of-contact to act as a single source
of communication among family members in case of separation.
Maintain a list of emergency contact numbers posted near your
phone and in your Emergency Supply Kit.
What to Take
Assemble an Emergency Supply Kit (see page 10 in this guide).
Keep an extra Emergency Supply Kit in your car in case you
can’t get to your home because of fire.
Have a portable radio or scanner, so that you can stay updated
on the fire.
Prepare to Evacuate
Designate an emergency meeting location, outside the fire or
hazard area. It is critical to determine who has safely evacuated
from the affected area.
Several different escape routes from your home and
community. Practice these often so everyone in your family
is familiar in case of emergency.
Necessities and boarding options for your pets and large
animals, such as horse and other livestock.
Create Your Own Wildfire Action Plan
Now that you have done everything you can to protect
your home, it’s time to prepare your family. Your
Wildfire Action Plan must be prepared with all
members of your household well in advance of a
wildfire. Each family’s plan will be different, depending
on their situation. Once you finish your plan, practice
it regularly with your family, and post in a safe and
accessible place for quick implementation.
1
2
3
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 9
Your PersonalWILDFIRE ACTION PLAN
WHEN TO GO
WHERE TO GO
HOW TO GET THERE
WHAT TO TAKEIMPORTANTPHONE NUMBERS1
3
2
During High Fire Danger days in your area, monitor your local media for information on wildfires and be ready
to implement your plan. Hot, dry, and windy conditions create the perfect environment for a wildfire.
Insurance
Papers Photos
Prescriptions Important
Documents
EVACUATION
EMERGENCY CONTACTS
DESTINATION WHO TO TELL (BEFORE AND AFTER)
Name
Name
Phone
Phone
( )
ANIMAL SHELTER
Name
Phone
( )
( )
FAMILY & FRIENDS
Name
Name
Phone
Phone
( )
( )
SCHOOLS
Name
Name
Phone
Phone
( )
( )
LOS ANGELES COUNTY FIRE DEPARTMENT
IF YOU HAVE AN EMERGENCY, CALL 9-1-1
Public Information Office: (323) 881-2411
fire.lacounty.gov
Emergency
Supply Kit
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10 LOS ANGELES COUNTY FIRE DEPARTMENT
Assemble Your Emergency Supply Kit
Put together your emergency supply kit long before a wildfire
or other disaster occurs, and keep it easily accessible, so you
can take it with you when you have to evacuate. Plan to be
away from your home for an extended period of time. Each
person should have a readily accessible emergency supply kit.
Backpacks work great for storing these items (except for food and
water) and are easy to grab. Storing food and water in a tub or
chest on wheels will make it easier to transport. Keep it light to be
able to easily lift it into your car.
Essential Supplies
Three-day supply of non-perishable food and three gallons of water
per person.
Map marked with at least two evacuation routes
Prescriptions or special medications
Change of clothing
Closed-toe shoes
Extra eyeglasses or contact lenses
An extra set of car keys, credit cards, cash, or travelers checks
First aid kit
Flashlight
Battery-powered radio and extra batteries
Sanitation supplies
Copies of important documents (e.g., birth certificates, passports, etc.)
Don’t forget pet food and water!
If Time Allows
Easy-to-carry valuables
Family photos and other irreplaceable items
Personal computer information on hard drives and flash drives
Chargers for cell phones, laptops, etc.
EMERGENCYSUPPLY KIT
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 11
Pre-Evacuation Preparation Steps
When an evacuation is anticipated and if time permits, follow these checklists to give your home the
best chance of surviving a wildfire:
Animals
Locate your pets and keep them nearby.
Prepare farm animals for transport and think about
moving them to a safe location early.
Inside
Shut all windows and doors, leaving them unlocked.
Remove flammable window shades, lightweight
curtains, and close metal shutters.
Move flammable furniture to the center of the room,
away from windows and doors.
Leave your lights on so firefighters can see your home
under smoky conditions.
Shut off the air conditioning.
Shut off the gas meter. Turn off pilot lights.
Outside
Gather up flammable items from the exterior
of the house and bring them inside (e.g., patio
furniture, children’s toys, doormats, etc.) or place
them in your pool.
Turn off propane tanks. Move propane BBQ
appliances away from structures.
Connect garden hoses to outside water valves or
spigots for use by firefighters. Fill water buckets and
place them around the house.
Don’t leave sprinklers on or water running. They can
affect critical water pressure.
Leave exterior lights on.
Put your emergency supply kit in your vehicle.
Back your loaded vehicle into the driveway with
all doors and windows closed. Carry your car
keys with you.
Have a ladder available.
Seal attic and ground vents with pre-cut plywood or
commercial seals, if time permits.
Monitor your property and the wildfire situation.
Don’t wait for an evacuation order, if you feel
threatened and need to leave.
Check on neighbors and make sure they are
preparing to leave.
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12 LOS ANGELES COUNTY FIRE DEPARTMENT
Remember the Six P’s
People and pets
Papers, phone numbers, and important documents
Prescriptions, vitamins, and eyeglasses
Pictures and irreplaceable memorabilia
Personal computer hard drivesand flash drives
Plastic
(e.g., credit cards, ATM cards)and cash
12 LOS ANGELES COUNTY FIRE DEPARTMENT C-18
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 13
Go Early
By leaving early, you will give your family the best chance
of surviving a wildfire. You also help firefighters by keeping
roads clear of congestion, enabling them to move more
freely and do their job.
When to Evacuate
Leave as soon as evacuation is recommended by emergency
personnel to avoid being caught in fire, smoke, or road
congestion. Don’t wait to be ordered by authorities to
leave. In an intense wildfire, they may not have time to
knock on every door. If you are advised to leave, don’t
hesitate! Go!
• Emergency personnel will determine the areas to be
evacuated and escape routes to use, depending upon
the fire’s location, behavior, winds, terrain, etc.
• Emergency personnel make every effort to advise
you of potential evacuations as early as possible. You
must take the initiative to stay informed and aware.
Monitor social media and listen to your local radio/TV
for announcements from law enforcement and other
emergency personnel.
• You may be directed to temporary assembly areas to
await transfer to a safe location.
The terms “Voluntary” and “Mandatory” are used to
describe evacuation orders. However, local jurisdictions
may use other terminology such as “Precautionary” and
“Immediate Threat.” These terms are used to alert you to
the significance of the danger. All evacuation instructions
provided by emergency personnel should be followed
immediately for your safety.
Where to Go
Leave for a pre-determined location. It should be a low-
risk area, such as a well-prepared neighbor or relative’s
house, a Red Cross shelter or evacuation center, Motel, etc.
How to Get There
Have several travel routes in case one route is blocked by
the fire or by emergency vehicles and equipment. Choose
an escape route away from the fire.
TAKE ACTION IMMEDIATELY WHEN WILDFIRE STRIKES
Follow these steps as soon as possible to get ready to GO!
• Review your
Wildfire Action
Plan evacuation
checklist.
• Ensure your Emergency Supply Kit is in
your vehicle.
• Cover up to protect against heat and
flying embers. Wear long pants, a long-
sleeve shirt, heavy shoes/boots, a cap, dry
bandanna (for face cover), goggles, or
glasses. 100% cotton is preferable.
• Locate your pets and take them with you.
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 9
Your PersonalWILDFIRE ACTION PLAN
WHEN TO GO
WHERE TO GO
HOW TO GET THERE
WHAT TO TAKEIMPORTANTPHONE NUMBERS1
3
2
During High Fire Danger days in your area, monitor your local media for information on brush fires and be ready to implement your plan. Hot, dry, and windy conditions create the perfect environment for a wildfire.
InsurancePapers Photos
Prescriptions ImportantDocuments
EVACUATION
EMERGENCY CONTACTS
DESTINATION WHO TO TELL (BEFORE AND AFTER)
Name
Name
Phone
Phone
( )
ANIMAL SHELTER
Name
Phone
( )
( )
FAMILY & FRIENDS
Name
Name
Phone
Phone
( )
( )
SCHOOL
Name
Name
Phone
Phone
( )
( )
LOS ANGELES COUNTY FIRE DEPARTMENT
IF YOU HAVE AN EMERGENCY, CALL 9-1-1
Public Information Office: (323) 881-2411
www.fire.lacounty.gov
Emergency Supply Kit
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14 LOS ANGELES COUNTY FIRE DEPARTMENT
Survival Tips if You Become Trapped
In Your Home
Stay calm and keep your family together.
Call 9-1-1 and inform authorities of your location.
Fill sinks and tubs with cold water.
Keep doors and windows closed, but unlocked.
Stay inside your home.
Stay away from outside walls.
In Your Vehicle
Stay calm.
Park your vehicle in an area clear of vegetation.
Close all vehicle windows and vents.
Cover yourself with a wool or cotton blanket or jacket.
Lie on the vehicle floor.
Use your cell phone and call 9-1-1 to inform authorities of your location.
On Foot
Stay calm.
Go to an area clear of vegetation, a ditch or depression on level
ground if possible.
Lie face down and cover up your body.
Use your cell phone and call 9-1-1 to inform authorities of your location.
Returning Home After a Wildfire
Do not return home until emergency officials determine
it is safe. You will receive proper notification to do so as
soon as it is possible, considering safety and accessibility.
When You Return Home
Be alert for downed power lines and other hazards.
Check propane tanks, regulators, and lines before turning gas on.
Check your residence carefully for hidden embers or smoldering fires.
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 15
Preparing for a wildfire starts with three simple steps:
Please keep this plan on hand as a quick reference for helping your
family and property be safe in the event of a wildfire.
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 15
PUBLIC INFORMATION OFFICE
twitter.com/lacofdpio
twitter.com/lacofdespanol
OFFICIAL
facebook.com/LACoFD
twitter.com/LACoFD
instagram.com/lacountyfd
youtube.com/user/LosAngelesCountyFD
vimeo.com/user4029934
COUNTY OF LOS ANGELES
BOARD OF SUPERVISORS
SHEILA KUEHL
Chair and Supervisor, Third District
supervisorkuehl.com
HILDA L. SOLIS
Supervisor, First District
hildasolis.org
MARK RIDLEY-THOMAS
Supervisor, Second District
ridley-thomas.lacounty.gov
JANICE HAHN
Supervisor, Fourth District
hahn.lacounty.gov
KATHRYN BARGER
Supervisor, Fifth District
kathrynbarger.lacounty.gov
Download the
Ready! Set! Go!
Wildfire Action Plan at
fire.lacounty.gov/rsg
or by scanning this
QR code with your
smart phone.
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fire.lacounty.gov
LOS ANGELES COUNTY FIRE DEPARTMENT
Public Information Office
1320 N. Eastern Avenue
Los Angeles, California 90063
Produced by the Communications Section
of the Executive Support Division.
Revised September 25, 2018.C-22
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