CC SR 20230307 F - PSA w Stay Green for Manned Fuel Mod
CITY COUNCIL MEETING DATE: 03/07/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to Stay
Green, Inc. for fuel modification services through hand-operated machinery.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to Stay Green, Inc. for hand-operated
machinery fuel modification services in the amount of $774,117, for three years,
with a contingency of up to $350,000, for a total contract sum of $1,124,117; and
(2) Authorize the Mayor and City Clerk to execute the agreement in a form approved
by the City Attorney.
FISCAL IMPACT: Awarding this agreement has a fiscal impact of $284,206.20 and was
included in FY 2022-23 budget.
Amount Budgeted: $354,000
Additional Appropriation: None
Account Number(s): 101-400-3230-5201
(General Fund – Fuel Modification – Repair & Maintenance)
ORIGINATED BY: James O'Neill, Project Manager
Lincoln Lo, Public Works Deputy Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Stay Green, Inc. (page A-1)
B. Request for Proposals for Annual Fuel Modification Services (page B-1)
C. Proposal from Stay Green, Inc. for Fuel Modification Services (page C-1)
D. Cost Proposal from Stay Green, Inc. for Fuel Modification Services (page
D-1)
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RANCHO PALOS VERDES
LL
BACKGROUND:
The Los Angeles County Fire Code requires fuel modification, or the clearance of
hazardous vegetation around structures to create “defensible space,” hereby referred as
“Fuel Modification Zones,” in areas designated “Fire Hazard Severity Zones” and “High
Fire Hazard Severity Zones” for effective fire protection of property, life, and the
environment.
Fuel Modification Zones are intended to prevent the existence of a continuous fuel ladder
that would allow flames to easily spread from the natural vegetation to structures through
fuel in the form of vegetation, and to provide space for firefighters to make an effective
stand against an approaching fire front. It is important to note that fire can still spread
through embers carried through the air by wind for miles and spark a structure fire under
certain conditions.
The City of Rancho Palos Verdes is designated as a Very High Fire Hazard Severity
Zone, and as such, Fuel Modification Zones in the City are defined as 200 feet from
structures. Property owners, both private and public, are responsible for complying with
Fuel Modification Zone requirements.
The Los Angeles County Fire Department, the Los Angeles County Department of
Agricultural Commissioner/Weights and Measures, and the Weed Hazard and Pest
Abatement Bureau (Weed Abatement Division) jointly enforce these requirements.
The City maintains Fuel Modification Zones on its properties using goat grazing as well
as hand-operated machinery. The City is currently contracted with Fire Grazers, Inc. for
goat grazing services. The City’s contract with Stay Green, Inc. for hand-operated
machinery crews has expired and a new contract is required to continue these services
for the upcoming fuel modification season.
DISCUSSION:
On November 21, 2022, Staff advertised a request for proposals (RFP) for hand-operated
machinery fuel modification services. The scope of services generally includes vegetation
thinning and removal, as separated under the four categories below, and is more
thoroughly described in Scope of Services in the agreement (Attachment A) and the
attached RFP (Attachment B):
• Regular Annual Abatement: Regularly scheduled annual trimming, thinning, or
clearing of weeds and other vegetation between April and June.
• Off-Cycle Abatement: Work that would normally be performed under Regular
Annual Abatement but must be scheduled between October and November due to
potential conflict with other activities, particularly bird nesting activity.
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• Re-Abatement: Additional fuel modification work performed in a particular area
due to significant growth after regular annual abatement. This may occur in years
when there is heavy rainfall.
• Old Growth Areas: Work in areas that have experienced many years of vegetation
growth without fuel modification in accordance with today’s standard. These areas
require greater efforts and additional resources such hauling of cut trees and use
of chippers to reduce debris.
Proposals were received from one firm, Stay Green Inc. (Stay Green) by the RFP deadline
of December 20, 2022 (Attachment C). Stay Green is the City’s current landscaping
services vendor and has successfully performed the City’s staffed crew fuel modification
services for the past several years. The submitted proposal demonstrated the required
experience and resources to perform the scope of work, and Staff negotiated a refined
scope and fee with Stay Green, Inc. (Attachment D).
The fee for the abatement services for the 2023 fuel modification season (which is part of
the Fiscal Year 2022-23 operating budget) reflects an approximately 3% increase over
the current fee. The proposed three-year agreement includes 3% fee increase each year
and is summarized in Table 1 below.
Table 1 – Fuel Modification Services Contract Cost Estimate
Fiscal Year
Regular Annual and Off-Cycle
Abatement Old Growth Area
Fiscal Year
Subtotals
2022-23 $234,121.70 $50,084.50 $284,206.20
2023-24 $241,335.15 $0 $241,335.15
2024-25 $248,575.08 $0 $248,575.08
Contract Total $774,116.43
Additionally, a contingency amount of $350,000 is recommended for Re-Abatement and
abatement at other Old Growth Area. The total recommended contingency is estimated
to be approximately 45% of the contract and higher than other typical contracts because
of the unpredictable nature of plant growth, and the corresponding efforts required for re-
abatement. In other words, it is known that a significant amount of Re-Abatement and Old
Grow Area fuel modification is needed, however, the specific scope and amount of work
is not known at this time. Therefore, treating it as a contingency is recommended. Table
2 below summarizes the recommended continency:
Table 2 – Fuel Modification Services Contract Contingency Estimate
Fiscal Year
Contingency for
Re-Abatement
Contingency for
Old Growth Area
Fiscal Year
Subtotals
2023-24 $75,000 $100,000 $175,000
2024-25 $75,000 $100,000 $175,000
Contingency Total $350,000
The proposed schedule is for regular annual abatement work to be completed annually
between April 1 and June 1, off-cycle work to be completed annually in September (after
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the conclusion of bird nesting season), and re-abatement (if needed) annually between
September and November. Work in old growth areas would be scheduled between
September and March, again to avoid bird nesting season.
CONCLUSION:
Staff recommends awarding a professional services agreement to Stay Green, Inc. for a
three-year term, in the amount of $774,117 with a contingency of $350,000, for a total
contract sum of $1,124,116.43, with the possibility of one two-year extension of the
agreement.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action s are available
for the City Council’s consideration:
1. Do not award a public works agreement to Stay Green Inc. and direct Staff to re-
solicit proposals.
2. Take other action, as deemed appropriate.
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01203.0006/861181.4 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
STAY GREEN, INC.
for
ANNUAL FUEL MODIFICATION SERVICES
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01203.0006/861181.4
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
STAY GREEN, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on March 7, 2023 by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and STAY GREEN, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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”, as stated in the Proposal, 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
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by 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 60 (sixty) 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 8 (eight) 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 $25 (twenty five dollars 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 8 (eight) hours in any one calendar day and 40 (forty) 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 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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 in the form of a Change Order.
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, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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.
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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 $774,117 (Seven Hundred Seventy Four Thousand One
Hundred Seventeen Dollars) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.9.
2.2 Method of Compensation.
(a) 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; (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, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
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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 45 (forty-five) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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 through a Change
Order, but not exceeding 60 (sixty) 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 10 (ten) 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
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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 three (3)
years from the date of this Agreement, except as otherwise provided in the Schedule of
Performance (Exhibit “D”). City may, at its sole discretion, extend the Term by one additional 2-
year extension.
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:
Martin McKenna Regional 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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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,
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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 James O’Neill, Project Manager, or such person as may be
designated by the Director of Public Works. It shall be the Consultant’s responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) 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.
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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
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
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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. 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.
(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 and continuously maintain 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
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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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) 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 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 90 (ninety) 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.
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(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
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
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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
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
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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
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.
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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 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 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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 Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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. 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 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
72 (seventy two) 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.
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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.
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 _______
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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]
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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
Barbara Ferraro, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
STAY GREEN, INC., a California corporation
By:
Name: Chris Angelo
Title: President / Chief Executive Officer
By:
Name: Steve Seely
Title: Chief Operating Officer
Address: 26415 Summit Circle
Santa Clara, California 91350
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0006/861181.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
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01203.0006/861181.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
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01203.0006/861181.4 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform fuel modification services at specific Fuel Modification
Zones within the City of Rancho Palos Verdes, as further described in Section I of
Exhibit “D” Schedule of Performance. The services shall include but are not limited
to:
A. Trim or remove non-native plants and weeds in Fuel Modification Zones.
B. Coordinate the scheduling of work with the City and PVPLC, in sufficient detail
so that work performed will be within two weeks of bird surveys for Fuel
Modification Zones.
C. Identification of native plants be trimmed, as necessary, and minimize native
plant removal in Fuel Modification Zones.
D. Uplimbing of trees and large shrubs in Fuel Modification Zones.
E. Removal and proper off-site disposal of trimmed vegetation.
F. Safeguarding the public from work areas and work performance
G. Ensuring all crews are properly trained and adhere to all applicable safety
guidelines and contractual requirements
H. Posting temporary signs and employees proper attire that clearly identifies them
as an employee of their employer, and indicating that they have been contracted
by the City
I. Document work performed in each Fuel Modification Zone, including providing
the City with a written report (with photographs), to show that the work
performed resulted in the area being left in such a state that it complies with the
Los Angeles County recommendations and requirements, incorporated herein by
reference. (Found here: https://fire.lacounty.gov/wp-
content/uploads/2022/10/Ready-set-go_10032022_NoBleed_Interim-Chief-
Marrone.pdf)
J. Provide all crews, equipment, and materials to properly perform all required
work.
K. Ensuring that all crew interactions with the public are professional and courteous.
L. Fuel Modification Services shall be categorized as follows:
a. Regular Annual Abatement: Regularly scheduled annual trimming, thinning, or
clearing of weeds and other vegetation between April and June
b. Off-Cycle Abatement: Work that would normally be performed under Regular
Annual Abatement, but must be scheduled between October and November due to
potential conflict with other activities, particularly bird nesting activity.
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01203.0006/861181.4 A-2
c. Re-Abatement: Additional fuel modification work performed in a particular area
due to significant growth after regular annual abatement. This may occur in years
when there is heavy rainfall.
d. Old Growth Areas: Work in areas that have experienced many years of
vegetation growth without fuel modification in accordance with today’s standard.
These areas require greater efforts and additional resources such hauling of cut
trees and use of chippers to reduce debris.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. A detailed schedule for each Calendar Year, inclusive of:
1. Anticipated dates for each Fuel Modification Zone that has been assigned
to the Contractor
2. Dates must include the anticipated start and completion dates
3. Schedule must account for no work on weekends and City recognized
holidays
4. Schedule must account for work only between 8:00 a.m. and 5:00 p.m.
5. Anticipated dates for work that must be postponed until after the
conclusion of bird nesting season
B. A formal report for each Fuel Modification Zone
1. Reports must be submitted within 2 weeks of work performed for that Fuel
Modification Zone
2. Each report must document:
i. A copy of the bird survey received by the Contractor for that Zone
ii. Identified native plants, and if they were removed, trimmed,
thinned, or up-limbed
iii. the work performed (including photographs of finished areas)
iv. Any interactions with the public
v. If any work needs to be scheduled for after bird nesting season
C. Monthly invoices (due within ten days of the end of each month)
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. As requested by the City’s Contract Officer.
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01203.0006/861181.4 A-3
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Steve Seely, Chief Operations Officer
B. Martin McKenna, Regional Manager
C. Zach Lavenant, Account Manager
D. Alfredo Salazar, Project Coordinator
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01203.0006/861181.4 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
I. Section 1.9, Additional Work, is amended to read:
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 1545% (fifteenforty
five percent) of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be
approved by the Contract Officer through a written Change Order. Any greater increases, taken
either separately or cumulatively, must be approved by the City Council. It is expressly
understood by Consultant that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts
the risk that the services to be provided pursuant to the Scope of Services may be more costly or
time consuming than Consultant anticipates and that Consultant shall not be entitled to additional
compensation therefor. City may in its sole and absolute discretion have similar work done by
other 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.
II. Section 2.2, Method of Compensation, is amended to read:
(a) 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; (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, and (b) the Contract Sum is not exceed ed; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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01203.0006/861181.4 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Regular Annual and Off-cycle Abatement
tasks in the defined Fuel Modification Zones at the rates provided for in Schedule “D”
Schedule of Performance.
II. 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.
III. 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.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. N/A.
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01203.0006/861181.4 D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall commence services upon receiving a written notice to proceed from
the City’s Contract Officer and shall be completed in accordance with the following
schedule. Fuel Modification Zones depicted in Exhibit D-1.
A-31
FaelMod Acrea,te Site/Area Project Project Pro_ject Price Year One Price Year Two Price Year
Zone# Rounded Schedule Schedule Schedule 2023 2024 Three2025
I 754 Fcansnl Natun! Mayl-May6-Mays-$8,704.00 $8,965.12 $9,234 .04 Presen1e 5,2023 10,2024 9,2025
3 0.17 lshnd View (,...,.._ May 1-May6-Mays-$625.65 $645.00 $664 .35 "'"'R""> 5,2023 10,2024 9,2025
5 0.89 l'onugu<!Se Bend May 1-May6-Mays-$3,915.89 $4,037.00 $4,158.11 Reserve 5,2023 10,2024 9,2025
6 0.64 Ch.my Hill Lane May 15-May 13-May 12-$1,940.97 $2,001.00 $2,061.03 19,2023 17,2024 16,2025
7 6.61 Ch.my Hill Lane MaylS-May 13-May 12-$20,048.93 $20,669.00 $21,289.07 19,2023 17,2024 16,2025
8 1.49 Ahlone Co,--.
May 15-May 13-May 12-$3,135.04 $3,232.00 $3,328.96 19,2023 17,2024 16,2025
13 2.57 Pomi,gu<!Se Bend Mayl-Mayl-Mays-$8,302.23 $8,559.00 $8,815.77 Resen--e 5,2023 3,2024 9,2025
138 0.8 (Nur) Bw:ma Trail May 1-May 1-Mays-$2,516.18 $2,594.00 $2,671.82
5,2023 3,2024 9,2025
May 29-May 27-31, May26-14 6.77 Vicente Bluffs Resen-. June 2, $20,050.26 $20,670.00 $21,290.00
2023 2024 30,2025
16 9.5 1 Agua Am.lg• Resen.--e May8- May6-Mays-$25,589.57 $26,381.00 $27,172.43 (Agua Amap Canyon) 12,2023 10,2024 9,2023
May 29-May 27-31, May26-17 19.8 Vicente Bluffs Reserve June 2, $24,795.14 $25,562.00 $26,328.86 2024 30,2025 2023
01203.0006/861181.4 D-2
A-32
19b 5.4 Agua Amlga Reserve May8 -12, May 13-May 12-
$10,869.82 $11,206.00 $11,542.18 (Agua Amaga Canyon 2023 17,2024 16,2025
2 4 022 Vicente Bluffs Reserve May 23-May20-
26,2023 24,2024
May 19-$967.09 $997.00 $1,026.91 23,2025
28C 0.(11 Filiorum R.esexve
Apri l 17-April 15-
2 1,2023 19,2024
Apri l 14-
$3,075.87 $3,171.00 $3,266.13 18,2025
29 9.42 Lad,n Llada April 17-April 15-
21,2023 19,2024
April 14-$6,528.00 $6,723.84 $6,925.56 18,2025
30 0.17 Friendshlp Park April 10-April 8-April 7-$625.65 $645.00 $664.35 14,2023 12,2024 11,2025
31 2.64 Ocean TraiJs Resen·e April 3-April 1-
7,2023 5,2024
April 1-$7,869.71 $8,105.80 $8,348.98 4,2025
32 2.5 Cherry Hill Lane area
May 15-May 13-May 12-
$5,226.36 $5,388.00 $5,549.64 19,2023 17,2024 16,2025
33 1.5 Filiorum Resen,e April 24-April 22-April 21 -$3,136.01 $3,233.00 $3,329.99 28,2023 26,2024 25,2025
34 029 Alta Vicente Rese:n.,-e
May 22-May 18-May 19-
$1,274.58 $1,314 .00 $1,353.42 26,2023 22,2024 23,2025
35 1.9 Pelican eo,,e May 22-May 18-
26,2023 22,2024
May 19-$5,762.77 $5,941.00 $6,119.23 23,2025
36 0.1 4 Pelican Cot<e
May 22-May 18-
26,2023 22,2024
May 19-$625.65 $645.00 $664.35 23,2025
51 0.01 Ocean Trails R.esen;e
April 10-April 8 -
14,2023 12,20 24
April 7-
$625.65 $645.00 $664.35 11,202J
55 2 Silver Spur / McKay April 3 -April 1-April 1-$6,079.00 $6,261.39 $6,449.23 Propeny 7,2023 7,2024 4,2025 ··-··_, ...... ,_,_ ., ____ ..,
83 o .a~ San Ramone Resene
April 3-April 1-April 1-
$2,608.33 $2,689.00 $2,769.67 7,2023 5,2024 4,2025
as 0.42 San Ramone Resene
April 10 -April 8 -
14,2023 12,2024
April 7-
$1,845.31 $1,903.00 $1,960.09 11,2025
a7 o.oa San Ramone Resene
April 1 0-April 8 -
14,2023 12,2024
April 7-$2,425.~7 $2,501.00 $2,576.03 11,2025
as 024 San Ramone Re:sen:e
April 3-April 1-
7,2023 5,2024
April 1-$1,054.39 $1,087.00 $1,119.61 4,2025
a9 0.56 San Ramone Resene April 3-April 1-
7,2023 5,2024
April 1-$2,460.89 $2,537.00 $2,613.11 4,2025
90 0 Ocean Trails Resene
April 3-April 1-
7,2023 5,2024
April 1-$625.55 $645.00 $664.35 4,2025
92 1.09 Ocean Trails Resm-e April 3-April 1-
7,2023 5,2024
April 1-$3,305.76 $3,408.00 $3,510.24 4,2025
93 0.17 Fonestal Nature April 17-April 15-April 1 4-$748.84 $772 .00 $795.16 Preserve 21,2023 19,2024 18,2025
94 0.7 FoaestalNmae May l -May l -Mays-
$2,123.33 $2,189.00 $2,254.67 Presern 5,2023 3,2024 9,2025
•• 1.42 Forrestal Nature May l -Mayl-Mays-$~,306.BO $~,-140.00 $~,573.20 Presern 5,2023 3,2024 9,2025
96 0.1 4 Foaestal Nanue May l -May l -Mays-$625.55 $645.00 $664.35 -·· 5,2023 3,2024 9,2025
I Forrestal ~at u re Preserve Phase 1 $50,084.50
VPar ?07.'I Tnt•I: VPar ?0?4 Total: VPar ?01~ Total:
$284,206.20 $241,335.15 $248,575 .08
I Ove1'3ll Total: $774,116.43
01203.0006/861181.4 D-3
EXHIBIT D-1 FUEL MODIFICATION ZONES
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PALOS VERDES ESTATES
0 0.4 5
.._ ___ ___, Miles
01203.0006/861181.4 D-4
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~Ol NGHI S
0 0.45
~---~Miles
ROUING HILLS ESTATES
01203.0006/861181.4 D-5
II. Consultant shall deliver to City’s Contract Officer:
A. A formal report for each Fuel Modification Area within 2 weeks of work
performed for that Fuel Modification Area.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
A-35
City of Rancho Palos Verdes Page 1 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
City of Rancho Palos Verdes
Request for Proposals
ANNUAL FUEL MODIFICATION SERVICES
Public Works Department
Attention: James O’Neill, Project Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310-544-5247 | Email: joneill@rpvca.gov
RFP Release Date: November 21, 2022
Request for Clarification Deadline: December 6, 2022
RFP Submittal Deadline: 4:30 p.m. on December 20, 2022
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City of Rancho Palos Verdes Page 2 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
ANNUAL FUEL MODIFICATION SERVICES
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 5
IV. Scope of Services Page 6
V. Preliminary Project Schedule Page 7
VI. Necessary Qualifications and Submittal
Requirements Page 8
VII. Submission of Proposal Page 10
VIII. Evaluation and Selection Process Page 11
IX. Attachments
Attachment A – [SAMPLE] Professional Services Agreement
Attachment B – Los Angeles County Fire Department’s “Ready-Set-Go”
brochure
Attachment C – City Map, highlighting Fuel Modification areas
Attachment D – Fuel Modification information
B-2
City of Rancho Palos Verdes Page 3 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The City of Rancho Palos Verdes hereinafter referred to as “City”, is requesting proposals
from qualified consulting firms to upgrade the audiovisual (AV) system at the Hesse Park
facility.
The City of Rancho Palos Verdes City Council meets on the 1st and 3rd Tuesdays of each
month beginning at 6:00 p.m. Meetings are held in the McTaggart Hall at the Hesse Park
located at 29301 Hawthorne Blvd, Rancho Palos Verdes, CA 90275. The existing AV
system has been in use for many years and has reached the end of its useful life. The City
also occasionally holds other types of meetings in the Council Chambers including
Planning Commission meetings, training, and presentations. It is important that the room
serves many roles and staff can be confident that the equipment can handle a multi-use
and multi-purpose environment.
All correspondence and questions regarding this RFP should be submitted via email to:
James O’Neill at joneill@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the above
email address by 4:30 p.m. on December 20, 2022. The purpose of this document is to
provide proposers with the information needed to submit a proposal for review by the City
and, if selected, enter into a Professional Service Agreement with the City. Enclosed is a
blank Professional Services Agreement form for proposers’ review.
Any requests for clarification must be submitted electronically to the above email address
by 4:30 p.m. on December 6, 2022.
B-3
City of Rancho Palos Verdes Page 4 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified firms to provide annual fuel modification
services for the City of Rancho Palos Verdes.
III. PROJECT DESCRIPTION AND BACKGROUND
The majority of the City of Rancho Palos Verdes (City) has been designated a high fire
severity zone, and is subject to the County of Los Angeles requirements for property
owners to create defensible space around habitable structures. This requirement is
highlighted in the Los Angeles County Fire Department’s “Ready-Set-Go” brochure
(Exhibit B)
The City owns over 1,500 acres that have been designated as part of the Palos Verdes
Nature Preserve, for which Fuel Modification Areas have been defined by a 200 foot buffer
around habitable structures (even though the structures are located on privately owned,
adjacent properties). This equates to over 100 acres of Fuel Modification areas that
require annual weed abatement and other trimming and vegetation removal to maintain
those areas and comply with Los Angeles County recommendations and requirements.
The County of Los Angeles requires that Fuel Modification work start after April 1st of each
calendar year, and be completed by June 1st annually. As the City is home to federally
and state protected bird species (the California Cactus Wren and the California
Gnatcatcher), and this time period coincides with the nesting seasons of those species
(April 1st – August 31st, annually), as well as other birds, bird surveys are required to verify
that there is no nesting activity in those areas prior to Fuel Modification work. The City
contracts with the Palos Verdes Peninsula Land Conservancy (PVPLC) for such bird
surveys, and will coordinate with PVPLC for the scheduling of the surveys within two
weeks of the Fuel Modification work to be performed. In the event nesting activity is
witnessed by PVPLC, Fuel Modification work for at least 300’ around the identified nesting
site must be rescheduled for after September 1st of that year to avoid work and related
noise within 300” of the nest site.
Many Fuel Modification areas are annually maintained by contracting with a company that
provides goats to eat vegetation in those areas. There are, however, many areas where
it is impractical to utilize goat herds for various reasons.
The City has contracted with a landscaping company that has provided Annual Fuel
Modification Services the past several years, and the City is now seeking proposals from
qualified companies for those services in the coming years.
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City of Rancho Palos Verdes Page 5 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
IV. SCOPE OF THE PROJECT
As the City reserves the right to award a Professional Services Agreement (PSA) (a
sample is attached as Exhibit A) to more than one company, the selected company or
companies will be assigned specific Fuel Modification areas to trim, thin or remove
vegetation on an annual basis. The PSA will be for a period of three years, with the option
for the City to extend the PSA duration for two additional one-year extensions.
Services will include, but will not be limited to:
1. Coordinating the scheduling of work with the City and PVPLC, in sufficient detail so
that work performed will be within two weeks of bird surveys for work areas
2. Identification of native plants be trimmed, as necessary, and minimize native plant
removal in Fuel Modification areas
3. Trimming, or removal, of non-native plants and weeds in Fuel Modification areas
4. Uplimbing of trees and large shrubs in Fuel Modification areas
5. Removal and proper off-site disposal of trimmed vegetation
6. Posting temporary signs, employees wearing proper safety gear and shirts, vests,
hats or other clothing that clearly identifies them as an employee of their employer
to notify of, and safeguard the public of work from, the work contracted by the City
7. Document work performed in each Fuel Modification Area, including providing the
City with a written report (with photographs), to show that the work performed
resulted in the area being left in such a state that it complies with the Los Angeles
County recommendations and requirements
8. Providing all crews, equipment and materials to properly perform all required work
9. Ensuring all crews are properly trained and adhere to all applicable safety
guidelines and contractual requirements
10. Ensuring that all crew interactions with the public are professional and courteous
V. SCOPE OF SERVICES AND DELIVERABLES
Deliverables
As part of the Services, the Contractor will prepare and deliver the following tangible work
products to the city.
1. A detailed schedule for each Calendar Year, inclusive of:
a. Anticipated dates for each Fuel Modification Area that has been assigned
to the Contractor
i. Dates must include the anticipated start and completion dates
ii. Schedule must account for no work on weekends or City recognized
holidays
iii. Schedule must account for work only between 8:00 a.m. and 5:00
p.m.
B-5
City of Rancho Palos Verdes Page 6 of 10
RFP – Annual Fuel Modification Services
November 21, 2022
b. Anticipated dates for work that must be postponed until after the conclusion
of bird nesting season
2. A formal report for each Fuel Modification Area
a. Reports must be submitted within 2 weeks of work performed for that Fuel
Modification area
b. Each report must document:
i. A copy of the bird survey received by the Contractor for that area
ii. Identified native plants, and if they were removed, trimmed, thinned,
or up-limbed
iii. the work performed (including photographs of finished areas)
iv. Any interactions with the public
v. If any work needs to be scheduled for after bird nesting season
3. Monthly invoices (due within ten days of the end of each month)
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available November 15, 2022
Request for Clarification due 4:30 p.m. on November 29, 2022
Proposals due 4:30 p.m. on December 13, 2022
Firm Interviews (if necessary) December 20, 2022
Anticipated Notice of Award January 17, 2022
B. Anticipated Project Schedule
Submittal of Schedule for 2023 work February 15, 2023
Begin Annual Fuel Modification work for 2023 April 3, 2023
Complete Annual Fuel Modification work for 2023 May 31, 2023
Start 2023 Fuel Modification work required to be postponed September 1, 2023
Please note that this schedule is preliminary. It is included to provide the companies with
a sense of the expected timeline for the Scope of Service and emphasize the urgent nature
of the work and the City’s expectation that the Scope of Services will be completed as
quickly as possible. The ideal company(ies) will have available resources and personnel,
either in-house or under subcontract, to ensure the completion of the Scope of Services
at the earliest possible time.
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RFP – Annual Fuel Modification Services
November 21, 2022
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. The submittal should be typed and as brief as possible while adequately describing
the qualifications of the firm.
2. The final submittal shall be sent as a PDF via email to James O’Neill, Project
Manager at joneill@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and proof
that the organization is currently in good standing. The signed letter should
also include a paragraph stating that the firm is unaware of any conflict of
interest in performing the proposed work. (No more than two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project Manager
and primary contact person responsible for the overall delivery of the project.
Provide an organizational chart of the project team that clearly delineates
communication and reporting relationships among the project staff and among
the sub-consultants involved in the project. Identify key personnel to perform
work in the various tasks and include major areas of subcontracted work.
Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to
provide the necessary resource levels to meet the City’s needs. Indicate that
the Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
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RFP – Annual Fuel Modification Services
November 21, 2022
assigned to complete the Scope of Services must have previous experience in
providing the necessary services as described under the Scope of Services. A
registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of Services.
(No more than two page)
Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the reference
project. Provide contact information for each client. (No more than ten
pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No more
than one 11” x 17” page)
f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all conditions
listed in the Request for Proposal (RFP) document and Sample Professional
Services Agreement (Attachment D). Any exceptions or suggested changes to
the RFP or Professional Services Agreement (PSA), including the suggested
change, the reasons therefore and the impact it may have on cost or other
considerations on the firm’s behalf must be stated in the proposal. Unless
specifically noted by the firm, the City will rely on the proposal being in
compliance with all aspects of the RFP and in agreement with all provisions of
the PSA. (No more than one page)
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RFP – Annual Fuel Modification Services
November 21, 2022
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in
writing prior to 4:30 pm on November 29, 2022. Responses to any clarification
question will be provided to each firm from which proposals have been requested.
It is highly recommended that the prospective consultant firms visit the City to
view the project location prior to submitting a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the City
until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
b) Proposal Schedule (20%)
Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
c) Staff Qualifications and Experience (30%)
Relevance of experience of the proposing firm (to provide support
resources to the project team)
Relevance of experience and strength of qualifications of the Project
Manager
Relevance of experience and strength of qualifications of the key personnel
performing the work
Relevance of referenced projects and client review of performance during
those projects
d) Organization and Staffing (15%)
Availability of key staff to perform the services throughout the duration of
the project
Assignment of appropriate staff in the right numbers to perform the Scope
of Services
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RFP – Annual Fuel Modification Services
November 21, 2022
Appropriate communication and reporting relationships to meet the City’s
needs
e) Quality Control (10%)
Adequate immediate supervision and review of staff performing the work as
well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the top proposals.
These top firms may then be invited to make a (virtual) presentation to the
evaluation panel, at no costs to the City. The panel will select the proposal, if any,
which best fulfills the City’s requirements. The City will then further refine the scope
and schedule with that firm and request a fixed cost fee proposal. The City will
negotiate the fee with that firm. The City reserves the right to negotiate special
requirements and proposed service levels using the selected proposal as a basis.
If the City is unable to negotiate an agreeable fee for services with top firm, the City
will negotiate with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to award
the agreement to the proposer deemed to be in the best interest of the City and the
Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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01203.0001/835260.1 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
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01203.0001/835260.1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on , 2022 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and , a [form of company]
(“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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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”, as stated in the Proposal, 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
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by 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 60 (sixty) 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 8 (eight) 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 $25 (twenty five dollars 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 8 (eight) hours in any one calendar day and 40 (forty) 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 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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 in the form of a Change Order.
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, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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.
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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 $XXX (____________________ Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $___________ (_____________ Dollars).
2.2 Method of Compensation.
(a) 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; (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, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
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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 45 (forty-five) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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 through a Change
Order, but not exceeding 60 (sixty) 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 10 (ten) 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
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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
[INSERT PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by
[INSERT NUMBER OF EXTENSIONS IF APPLICABLE] additional [INSERT DURATION
OF EXTENSIONS IF APPLICABLE]-year terms.
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:
(Name) (Title)
(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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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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 _____________________ or such person as may be
designated by the [DEPARTMENT HEAD]. It shall be the Consultant’s responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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
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acting in concert of more 25% (twenty five percent) 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
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”.
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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.
(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 and continuously maintain 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
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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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) 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 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 90 (ninety) 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.
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(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
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.
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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
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.
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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
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
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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 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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. 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
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7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
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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.
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
72 (seventy two) 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 Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
B-31
01203.0001/835260.1 21
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]
B-32
01203.0001/835260.1 22
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
, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
B-33
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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-34
□ □
□ □ □ □ □ □
□
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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-35
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□ □ □ □ □ □
□
01203.0001/835260.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. [COPY AND PASTE FROM PROPOSAL, OR INSERT SCOPE OF WORK
PAGES]
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
A.
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.
A.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B-36
01203.0001/835260.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
B-37
01203.0001/835260.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. 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.
III. 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.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
B-38
01203.0001/835260.1 D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
B-39
YOUR PERSONALWILDFIRE ACTION PLAN
fire.lacounty.gov B-40
""'
2 LOS ANGELES COUNTY FIRE DEPARTMENT
MESSAGE FROM ACTING FIRE CHIEF ANTHONY C. MARRONE
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. With a year-
round fire season and 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.
Anthony C. Marrone
Los Angeles County Acting Fire Chief
COUNTY OF LOS ANGELES BOARD OF SUPERVISORS
HILDA L. SOLIS
Supervisor, First District
hildasolis.org
HOLLY J. MITCHELL
Supervisor, Second District
mitchell.lacounty.gov
SHEILA KUEHL
Supervisor, Third District
supervisorkuehl.com
JANICE HAHN
Supervisor, Fourth District
hahn.lacounty.gov
KATHRYN BARGER
Supervisor, Fifth District
kathrynbarger.lacounty.gov
B-41
~ e. y .
. ~ -
] fi\ I • ---r---r---• ... . ' ---~ . ---~ ·. --
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 3
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.
INSIDE
READY!
Defensible Space 4-5
Fuel Modification 6-7
Tour a Wildfire-Ready Home 8-9
SET!
Create Your Own Wildfire Action Plan 10
Wildfire Action Plan 11
Assemble Your Emergency Supply Kit 12
Pre-Evacuation Preparation Steps 12
GO!
Take Action Immediately When Wildfire Strikes 13
What to Do if You Become Trapped 14
Returning Home After a Wildfire 14
Remember the Six P’s 15
Additional Resources 15
B-42
0 -Iii iii
RE ADY I SET! GO!
4 LOS ANGELES COUNTY FIRE DEPARTMENT
Zone 2
Extends from the outer edge of
Zone 1 to 100 feet from the structure
• Cut or mow annual grass down to a maximum height
of three inches.
• Create vertical and horizontal spacing between trees
and shrubs (the distance between trees should be
three times the height).
• Remove fallen leaves, needles, twigs, bark, cones, and
small branches. However, a mulch layer may be permitted
to a depth of four inches, if erosion control is an issue.
• Irrigation is recommended to maintain vegetation
moisture content.
Living in the Wildland Urban Interface
Ready! Set! Go! begins with a house that firefighters can defend.
Defensible Space
(ZONE 1 + ZONE 2 + ZONE 3 = 200 FEET)
Zone 1
30 FEET
Acacia (Shrub)Eucalyptus Juniper Palm
Zone 1
Extends 30 feet out from the structure
• 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 hanging over your roof. And,
keep branches 10 feet away from your chimney.
• Relocate exposed woodpiles outside of Zone 1 unless
they are completely contained in a fire-resistant
enclosure.
• Remove vines and climbing plants from combustible
structures (e.g., bougainvillea, wisteria).
• Remove or prune vegetation near windows (you
should be able to see out the windows).
• Remove vegetation and items around and under decks
that could catch fire.
• Create separations between trees, shrubs, and items that
could catch fire, such as patio furniture, swing sets, etc.
• Irrigation is recommended to maintain vegetation
moisture content.
Defensible Space
Creating and maintaining defensible space is essential for increasing your home’s chance of surviving a wildfire. It’s the
buffer homeowners are required to create between their structure and the native landscape. This space slows the spread
of wildfire and improves the safety of firefighters defending your home. Defensible space composition varies, depending
on vegetation type and topography. Three zones make up the required 200 feet of defensible space.
B-43
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♦»»»»»»»»»>»»»»»»»»>»»»»»»»»»»»»»»»>
~ ~ ~ ~ ~ ~ ~ ~ A ♦»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 5
Zone 3
Extends from the outer edge of Zone 2 to 200 feet from the structure
Zone 3 consists of mostly native plants appropriately thinned and spaced by 30 to 50 percent. The objective is to
reduce vegetation density and overall fuel load. This slows the rate of fire spread, reducing flame lengths and fire
intensity before it reaches irrigated zones or structures.
• Irrigation systems are not required.
• Vegetation consists of modified existing native
vegetation.
• Additional ornamental shrubs and trees are generally
not recommended due to water conservation goals.
• Existing native vegetation is modified by thinning and
removing plants constituting a high fire risk,
including, but not limited to, laurel sumac, chamise,
ceanothus, sage, sage brush, buckwheat, and California
juniper.
• Remove the lower ¹/₃ of large shrubs and all dead wood
to reduce fuel loads.
• Trees should be limbed up to at least six feet above grade
and a minimum of three times the height of underlying
plants.
• As the distance from structures increases, native plants
may be removed in reduced amounts.
• Spacing for large native shrubs or groups of native
shrubs is 15 feet between the edge of their canopies.
• Spacing for existing native trees or small groups of trees
is 30 feet between the edge of canopies. This depends
on the species, topography, and orientation on the site.
HAZARDOUS
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.This home provides a good example of defensible space.
70 FEET
Defensible Space
(ZONE 1 + ZONE 2 + ZONE 3 = 200 FEET)
Zone 2
100 FEET
Zone 3
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 30 feet 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.
Palm Pine Pampas Grass
HIGH-HAZARD PLANTS
B-44
Y'... READY!
·•
»»»>»»>» «««««««««««««««««««««««««««<««««««««««««««< ♦
~ ~ ~ ~ ~ ~ ~ ~ ""' >»»»»»»»»»»»»»»»»»»>»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»>»»»+
6 LOS ANGELES COUNTY FIRE DEPARTMENT
What Is Fuel Modification?
The Fuel Modification Plan Review Program affects new structures and developments built in fire hazard severity zones.
A Fuel Modification Plan (or landscape plan) identifies defensible space zones and restricts or limits planting around structures.
For further information, please visit bit.ly/fuelmod or call (626) 969-5205.
Zone A
EXTENDS 30 FEET FROM THE STRUCTURE
• Irrigated area consisting of low-growing, small
herbaceous plants with high-moisture content
immediately around structures.
• Hedges shall not be within five feet of any structures.
• Occasional accents of woody shrubs or small patio
trees 10 feet from structures. Single plants and/
or groups of plants are widely spaced (the distance
between plants is three times the height).
• Cut annual grasses to three inches and remove leaf
litter.
• Vines and climbing plants are not allowed on
combustible structures.
• Use rock or non-combustible mulch within five feet
of structures.
Fuel Modification Zones
Fuel Modification
7030
Ideal Fuel Modification Landscape:
Limited woody plant material, high
moisture content, adequate spacing,
and inorganic mulch throughout Zone A.
Fuel
(ZONE A +
Modification Zones
ZONE B + ZONE C = 200 FEET)
B-45
~READY!
FEET
ZoneB
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 7
Create a Defensible Home
A home with defensible space has the greatest potential of surviving a
wildfire. Defensible homes are compliant with the Los Angeles County Fire
Department’s brush clearance requirements. Homes built after January 1, 1996,
have been through the Fire Department’s Fuel Modification Program, where
strict planting requirements and construction standards improve fire safety in
the high and very high fire hazard severity zones.
WILDLAND/
OPEN SPACE100
Zone C
EXTENDS FROM THE OUTER EDGE OF ZONE B
TO 200 FEET FROM THE STRUCTURE
• Thin to remove dead vegetation and prevent
overgrowth.
• Thin native species to slow the fire’s progress and
reduce its intensity by decreasing availability of
continuous fuels.
• Native vegetation is thinned 30 to 50 percent in
Zone C.
Zone B
EXTENDS FROM THE OUTER EDGE OF
ZONE A TO 100 FEET FROM THE STRUCTURE
• Irrigated with slightly denser planting than Zone A. Avoid
woody plants larger than three feet in height at maturity
under tree canopies.
• Has zone-appropriate shade trees with adequate
spacing.
• Minimize continuous canopy coverage to reduce fire
transmission.
• Screening plants may be used; however, continuous
hedges are discouraged as this promotes accumulation
of dead litter inside the live hedge and creates a
continuous fuel ladder to the structure.
Fuel
(ZONE A +
Modification Zones
ZONE B + ZONE C = 200 FEET)
B-46
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--····························································································································································································································································
100
FEET
ZoneC
........................................... _, ............... ................. ...... ........................................ ......................... ........... ...... ... .. ................................................... ,
8 LOS ANGELES COUNTY FIRE DEPARTMENT
3
4
5
61
2
Safeguard or “Harden” Your Home
The ability of your home to survive a wildfire depends
on the materials your home is constructed of 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 1
• Make sure your address is clearly visible from the road.
The address needs to be a contrasting color to the surface
that it is mounted on, so it can be seen.
Chimney 2
• Cover your chimney and stovepipe outlets with a non-
flammable screen of 1/8-inch wire mesh or smaller to
prevent embers from escaping and igniting a fire.
• Tree branches must be removed within 10 feet of any
chimney (exception: oak trees).
Deck/Patio Cover 3
• Use heavy timber or non-flammable construction
material for decks and patio covers, especially within
the first 10 feet of the home.
• 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.
Driveways and Access Roads 4
• Driveways should be designed to allow fire and emergency
vehicles and equipment to reach your home (current fire
code requirement is 15 feet wide).
• 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.
• Locked or electric gates should have a disconnect or a
lock box.
• Ensure that all gates open inward and are wide enough to
accommodate emergency equipment.
• Trim trees and shrubs above all roads clear to the sky, with
the exception of Oak trees which only need to be cleared to
a height of 13½ (or 13.5) feet.
Garage 5
• 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.
• Keep the garage closed whenever possible.
Home Site and Yard 6
• Ensure you have up to a 200-foot radius of defensible space
(cleared vegetation) around your home. If the 200-foot
distance is on adjacent property, contact your local fire
station for assistance in obtaining adequate clearance.
• Cut dry weeds and grass before noon when temperatures
are cooler to reduce the chance of sparking a fire when
using metal tools.
• 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 (recommended 30 feet).
• Ensure trees and branches are at least four feet away from
power lines. Notify your power company if this condition
exists; they will complete required work.
Tour a Wildfire-Ready Home
B-47
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•
• •
•
•
•
Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 9
Inside
• Keep a working fire extinguisher on hand and
train your family how to use it. Store in an easily
accessible location (check expiration date regularly).
• Install smoke alarms on each level of your home
and adjacent to the 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 7
• 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 8
• 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
1/8-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 to prevent ember intrusion (mesh is not
enough).
Walls 9
• 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 10
• Have multiple garden hoses that are long
enough to reach any area of your home and
other structures on your property.
Windows 11
• 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.
8
9
11
10 7
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•
•
•
•
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10 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 (see page 12 in this guide).
What to Take
Assemble an Emergency Supply Kit (see page 12 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.
Have several different travel routes from your home and
community identified. Practice these often, so everyone in your
family is familiar in case of emergency.
Have all of the necessary supplies and/or boarding options for
your pets and large animals identified and/or packed. If trailers
are necessary for larger animals, have a plan that is tested and
ready to implement.
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 it in a safe and
accessible place for quick implementation.
1
2
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10 LOS ANGELES COUNTY FIRE DEPARTMENT B-49
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 11
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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12 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 vehicle.
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 and closed-toe shoes
Extra eyeglasses or contact lenses
An extra set of car keys, credit cards, and cash
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 food and water for your pets!
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 large animals for transport and think about moving
them to a safe location early.
Inside
Shut all windows and doors.
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 and all pilot lights.
Outside
Gather 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.
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 in a conspicuous location for
firefighter use.
Seal attic and ground vents with a non-combustible material
or commercial seals, if time permits.
Monitor your property and your 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.
If Time Allows
Easy-to-carry valuables
Family photos and other irreplaceable items
Personal computer data on hard drives/flash drives
Chargers for cell phones, laptops, etc.
EMERGENCYKIT
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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 throughout the neighborhood and do their job.
When to Go
Leave early enough to avoid being caught in fire, smoke,
or road congestion. Don’t wait to be told 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!
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 evacuation routes in case one route is blocked
by the fire or by emergency vehicles and equipment.
Choose an evacuation route away from the fire.
TAKE ACTION IMMEDIATELY WHEN WILDFIRE STRIKES
Follow these steps as soon as
possible to get ready to GO!
• 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 bandana (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
EMERGENCYKIT
• Review your Wildfire Action Plan
evacuation checklist.
B-52
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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 for an emergency water supply.
Keep doors and windows closed, but unlocked.
Remove curtains from the windows.
Turn your interior and exterior lights on.
Stay inside your home.
Shelter 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.
B-53
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Ready! Set! Go! Wildfire Action Plan | fire.lacounty.gov 15
Download the
Ready! Set! Go!
Wildfire Action Plan at
fire.lacounty.gov/rsg
or by scanning this
QR code with your
smart phone.
Remember the Six P’s
Prescriptions, vitamins, and eyeglasses
People and Pets
Plastic
(e.g., credit cards, ATM cards)
and cash
Personal computer
hard drives
and flash drives
Pictures and
irreplaceable memorabilia
Papers, phone numbers,
and important documents
OFFICIAL
facebook.com/LACoFD
twitter.com/LACoFD
instagram.com/lacountyfd
youtube.com/user/LosAngelesCountyFD
vimeo.com/user4029934
PUBLIC INFORMATION OFFICE
twitter.com/lacofdpio
twitter.com/lacofdespanol
LACOFD FOUNDATION
facebook.com/LAFIRETEAM
twitter.com/LACountyFire1
instagram.com/lafireteam
B-54
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LOS ANGELES COUNTY
FIRE DEPARTMENT FOUNDATION
1320 N. Eastern Ave.
Los Angeles, CA 90063
323-793-FIRE
supportlacountyfire.org
The Los Angeles County Fire Department Foundation
is a charitable 501(c)(3) nonprofit organization.
Learn more or donate online at SupportLACountyFire.org
or donate by texting F-I-R-E-S to 44321.
LOS ANGELES COUNTY FIRE DEPARTMENT
Public Information Office
1320 N. Eastern Avenue
Los Angeles, California 90063
323-881-2411
fire.lacounty.gov
Produced by the Communications Section
of the Executive Support Division.
Revised August 2022.
B-55
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28A
28C
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19A
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59 60
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20
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64
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PALOS VERDES ESTATES
ROLLING HILLS ESTATES
ROLLING HILLS
0 0.45Miles
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91
81
31
75
82 86
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LOS ANGELES
ROLLING HILLS
ROLLING HILLS ESTATES
LOMITA
TORRANCE
0 0.45Miles
Ê
A-2B-57
Fuel Mod
Zone # Acreage
Acreage
(Rounded)
Slope (min/avg/max)
in degrees Site/Area
1 7.544008264 7.54 0.03°/25.84°/70.69° Forrestal Nature Preserve
3 0.172933884 0.17 0.63°/17.65°/35.26°Island View (end of East Crest Road)
5 0.887396694 0.89 1.87°/23.04°/51.84° Portuguese Bend Reserve
6 0.644214876 0.64 0.35°/12.96°/39.53° Cherry Hill Lane
7 6.608057851 6.61 0.06°/15.75°/59.4° Cherry Hill Lane
8 1.492768595 1.49 0.02°/9.55°/50.61° Abalone Cove
12 24.01859504 24.02 0.02°/23.65°/71.35° Malaga Canyon Reserve
13 2.567768595 2.57 0.36°/32.9°/70.55° Portuguese Bend Reserve
13B 0.8
14 10.77231405 10.77 0.03°/14.32°/53.73° Vicente Bluffs Reserve
16 9.513636364 9.51 0.07°/20.56°/68.55° Agua Amaga Reserve (Agua Amarga Canyon)
17 19.80020661 19.8 0.03°/9.41°/83.68° Vicente Bluffs Reserve
17A 9
17B 3.2
17C 7.6
19B 5.198347107 5.2 0.57°/30.28°/67.4°Agua Amaga Reserve (Agua Amarga Canyon)
22 0.072727273 0.07 0.63°/4.94°/9.35° Vicente Bluffs Reserve
23 0.019421488 0.02 0.67°/5.42°/9.95° Vicente Bluffs Reserve
24 0.223553719 0.22 0.04°/8.97°/25.73° Vicente Bluffs Reserve
25 0.012809917 0.01 1.53°/4.83°/8.72° Vicente Bluffs Reserve
26 0.019421488 0.02 0.5°/5.4°/10.89° Vicente Bluffs Reserve
27 0.019834711 0.02 0.42°/3.72°/7.43° Vicente Bluffs Reserve
28C 0.066115702 0.07 14.97°/33.82°/43.45°Filiorum Reserve
29 9.41714876 9.42 0°/12.39°/56.22° Ladera Linda
30 0.168595041 0.17 11.08°/18.41°/30.01° Friendship Park
31 2.642975207 2.64 0.74°/22.71°/46.85° Ocean Trails Reserve
32 2.495454545 2.5 0.07°/11.73°/47.58° Cherry Hill Lane area
33 1.498760331 1.5 0.07°/27.47°/71.86°Filiorum Reserve
34 0.292561983 0.29 2.57°/29.99°/53.63°Alta Vicente Reserve
35 1.903512397 1.9 0.16°/31.78°/71.06° Pelican Cove
36 0.135950413 0.14 12.06°/47.82°/73.83° Pelican Cove
37 0.117355372 0.12 0.19°/12.45°/30.64° Point Vicente School Access Trail (a.k.a. "Calle de Sueños Trail")
51 0.01177686 0.01 0.14°/2.07°/7.53° Ocean Trails Reserve
55 2.001239669 2 2.13°/22.2°/48.78° Silver Spur / McKay Property
56 2.851033058 2.85 0.06°/24.02°/85.09° Vanderlip Senior Park
57 0.104132231 0.1 4.39°/41.43°/75.52° Vanderlip Senior Park
60 7.920661157 7.92 0.16°/31.46°/61.2° Malaga Canyon Reserve
61 5.054752066 5.05 0.26°/27.44°/49.83° Malaga Canyon Reserve
62 0.48285124 0.48 0.22°/19.7°/38.26° Malaga Canyon Reserve
65 0.369214876 0.37 10.24°/31.18°/42.95°Vista del Norte
67 2.910950413 2.91 0.65°/27.78°/50.49°Agua Amaga Reserve (Agua Amarga Canyon)
68 0.807644628 0.81 4.97°/44.23°/65.6°Filiorum Reserve
69 0.002066116 0.01 31.62°/34.48°/37.97°Filiorum Reserve
71 0.033471074 0.03 9.05°/25.98°/34.4°Filiorum Reserve
72 0.258677686 0.26 29.39°/39°/46.96°Filiorum Reserve
74 1.155371901 1.16 0.18°/20.76°/43.34° Portuguese Bend Reserve
75 2.562809917 2.56 0.58°/22.21°/49.03° Portuguese Bend Reserve
76 0.395041322 0.4 17.33°/38.02°/67.03° Portuguese Bend Reserve
79 1.671280992 1.67 0.12°/25.88°/55.11° Forrestal Nature Preserve
80 0.033471074 0.03 7.89°/27.68°/58.92° Forrestal Nature Preserve
83 0.857231405 0.86 0.36°/24.37°/54.12° San Ramone Reserve
85 0.420454545 0.42 8.84°/15.82°/29.64° San Ramone Reserve
87 0.084917355 0.08 12.8°/29.3°/64.34° San Ramone Reserve
88 0.240495868 0.24 12.65°/34.84°/48.76° San Ramone Reserve
89 0.564669421 0.56 12.04°/24.54°/52.17° San Ramone Reserve
90 0.004752066 0 38.06°/41.86°/45.54° Ocean Trails Reserve
92 1.087396694 1.09 9.17°/23.81°/46.67° Ocean Trails Reserve
93 0.173966942 0.17 0.43°/41.46°/57.8° Forrestal Nature Preserve
94 0.696900826 0.7 1.3°/25.01°/43.96° Forrestal Nature Preserve
95 1.419834711 1.42 8.37°/29.8°/47.36° Forrestal Nature Preserve
96 0.140289256 0.14 31.86°/40.64°/50.14° Forrestal Nature Preserve
B-58
City of Rancho Palos Verdes
Proposal For
Annual Fuel Modification Services
Martin McKenna
Region Manager
mmckenna@staygreen.com
818-967-1946
December 20,2022
C-1
RANCHO PALOS VERDES
Stay Green Inc.
'/Ju Natural Clu,U'c
For Projt-1rirm,tJ L.uu/Jc,tpe S,>rz.•i,;er
26415 Sommic Cir do, S:mr" Cl:trira , CA ~ J :J50 • (800) 858-5508 • www.sray~rccn.com
A) Cover Letter
Stay Green Inc. is family owned and operated. Richard and Charlene Angelo started the company
back in 1970. While the company’s headquarters are located in Santa Clarita, we have 12 additional
locations in Los Angeles County, Kern County, Ventura County, Orange County, Riverside County and
Catalina Island. Stay Green Inc. has grown over 50 years through referrals, professionalism, and
quality. Stay Green Inc. is recognized as a leading provider of high-quality landscape services, having
achieved a 95% customer retention rate, along with receiving the industry’s most prestigious awards.
Stay Green Inc. recently received three “Award of Excellence” awards from the National Association of
Landscape Professionals. We remain committed to continued growth, as well as leadership within the
industry.
Stay Green’s approach to providing quality landscaping services has been a goal that we aim to achieve
year after year. The crews are organized by their manager who provides direction, communication,
training, and assistance on a schedule, as well as, on as needed basis. The crew is set up to perform the
work as productively and efficiently as possible. The work will be performed in a cyclical manner to
allow for organized flow throughout the project. We are always training new staff as part of our bench
strength program. Keeping the highest level of managers on our projects is key to our success.
We use top of the line, eco-friendly equipment that is rotated out based on manufacturers’
recommendation. The equipment assists our team in providing our client a great product. Stay Green
Inc. is equipped with additional equipment not dedicated to the job but, available in a moment’s
notice. Delays in accomplishing work will not be an issue. If a backup is needed, we are equipped to
step in and handle the additional need for equipment, laborers, or management.
We consistently implement new technologies and techniques to improve our efficiency and
effectiveness. And, since we were among the first to investigate and adopt environmentally friendly
landscaping practices, we continue to inspire others in our industry to do the same. Utilizing safe
chemicals, organic fertilizer, and water conservation programs are just a few of the initiatives that Stay
Green has to offer. To elaborate, in order to help areas that are constricted by city regulations to
decrease their water consumption, we offer plants and techniques that do not compromise the beauty
of the landscape but reduce the requirement of water. Being innovative without sacrificing our service
and quality, but allowing it to be enhanced, is top priority for us as a company. Stay Green Inc.
specializes in Landscape Maintenance, Plant Health Care, Design, and Tree Services thereby eliminating
the need for subcontracting work. Not only does Stay Green Inc. service large commercial
businesses, homeowner associations and large health care complexes; we also handle many city
and county landscaping accounts. Since we are a full service landscape company we have the ability to
expect and achieve our high standards out in
the field.
C-2
f Stay Green Inc!
The Natural Choice
For Professional Landscape Services
Stay Green Inc.
26415 Summit Circle, Santa Clarita, CA 91350 • (800) 858-5508 • (661) 291-2800 • Fax: (661) 705-2089
www.staygreen.com • C-27, C-61 License #346620
Stay Green is Incorporated in California. Below is the list of Stay Green’s Officers –
Chris Angelo
President/CEO
Changelo@staygreen.com
(661)291-2800 ext. 110
26415 Summit Circle
Santa Clarita, CA 91350
Steve Seely
Chief Operating Officer
Sseely@staygreen.com
(661)291-2800 ext. 108
26415 Summit Circle
Santa Clarita, CA 91350
Martin McKenna
Region Manager
mmckenna@staygreen.com
818-967-1946
26415 Summit Circle
Santa Clarita, CA 91350
Stay Green is unaware of any conflict of interest in performing the proposed work.
Thank You,
Martin McKenna
Martin McKenna
Region Manager
C-3
f Stay Green Inc!
The Natural Choice
For Professional Landscape Services
Stay Green Inc.
26415 Summit Circle, Santa Clarita, CA 91350 • (800) 858-5508 • (661) 291-2800 • Fax: (661) 705-2089
www.staygreen.com • C-27, C-61 License #346620
C-4
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Entity Details
Corporation Name
Entity No.
Formed In
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
Street Address of California Office
Officers
STAY GREEN INC.
0740043
CALIFORNIA
26415 SUMMIT CIRCLE
SANTA CLARITA, CA 91350
26415 SUMMIT CIRCLE
SANTA CLARITA, CA 91350
26415 SUMMIT CIRCLE
SANTA CLARITA, CA 91350
Officer Name Officer Address
BA20220586158
For Office Use Only
-FILED-
File No.: BA20220586158
Date Filed: 7/28/2022
Position(s)
CHRISTOPHER ALLAN ANGELO 24808 HORSESHOE LN Chief Executive Officer
NEWHALL, CA 91321
Charlene Angelo 1177 4 Monte Leon Way Secretary, Chief Financial Officer
Northridge, CA 91326
Additional Officers
Officer Name I Officer Address I Position I Stated Position
None Entered
Directors
Director Name Director Address
Christopher Allan Angelo 24808 Horseshoe Ln
Newhall, CA 91321
Charlene Angelo 11774 Monte Leon Way
Northridge, CA 91326
Richard L Angelo 11774 Monte Leon Way
Northridge, CA 91326
The number of vacancies on Board of Directors is: 0
Agent for Service of Process
Agent Name BRIAN KOEGLE
Agent Address 1875 CENTURY PARK EAST
SUITE 1900
LOS ANGELES, CA 90067
Type of Business
Type of Business LANDSCAPE MAINTENANCE
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C-5
Email Notifications
Opt-in Email Notifications No, I do NOT want to receive entity notifications via email. I
prefer notifications by USPS mail.
Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor
Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage
order or provision of the Labor Code.
Electronic Signature
~ By signing, I affirm that the information herein is true and correct and that I am authorized by Galifornia law to sign.
Brian E. Koegle 07/28/2022
Signature Date
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Page 2 of2
B) Approach to Scope of Services
Stay Green will provide brush clearance services as specified in the scope outlined in the request for proposal.
Stay Green will approach each phase in coordination with city project managers and PVPLC Representative to
protect and preserve native plants and animals. Weed removal will be provided on a yearly basis, with a
report consisting of pictures detailing which plants and trees need servicing to comply with fire safety. Stay
Green prides itself with our safety record and all team members are provided high visibility uniformed long
sleeve shirts, glasses along with face shields, snake guards and insect repellent. Teams member also have their
appropriate gas refill station, and regulated fire extinguisher to protect from any potential fires from hot hand
tools. For steep locations all members are tied off using harnesses for additional protection. Lastly, our teams
are equipped with cones and signs to provide safety that keeps all of the public in mind.
C) Organization and Staffing
See attached Organization Chart next page.
Registered professional engineer will be requested as needed however we will leverage our 50+ years of
industry experience as well as other trusted industry experts to provided further guidance for any unfamiliar
situations.
C-6
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
Organization Chart
COO
Steve Seely
sseely@staygreen.com
661-510-9536
Regional Manager
Martin McKenna
mmckenna@staygreen.com
818-967-1946
Account Manager
Zach Lavenant
zlavenant@staygreen.com
818-402-2239
Project Coordinator
Alfredo Salazar
asalazar@staygreen.com
310-707-7885
C-7
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
D) Staff Qualifications and Experience
Stay Green Inc. is currently maintaining The City of Rancho Palos Verdes and is performing the Annual Fuel
Modification Services. Stay Green has performed weed abatement for many municipalities as well as
Homeowners Associations, Industrial Sites, and Vacant Lots.
Stay Green Inc. specializes in Landscape Maintenance, Plant Health Care, Tree Services and Weed Abatement,
thereby eliminating the need for subcontracting work. Not only does Stay Green Inc. service commercial
businesses, homeowner associations, and large complexes; we also handle many city and county landscaping
accounts. Since we are a full service Landscape Company we have the ability to expect and achieve our high
standards out in the field.
The field team is made up of highly qualified landscapers. Stay Green has numerous 10, 15 and even 20+ year
team members, which will be a part of this project if awarded. Everyone is highly trained in their area of
expertise. Yearly, everyone participates in a training day as a refresher before the growing season. All team
members look out for one another to make sure they are working in a safe work environment.
We use top of the line equipment that is rotated out based on manufacturers’ recommendation. The
equipment assists our team in providing our client a great product. Stay Green Inc. is equipped with additional
equipment not dedicated to the job but, available in a moment’s notice. Delays in accomplishing work will not
be an issue. If a backup is needed, we are equipped to step in and handle the additional need for equipment,
laborers, or management.
All staff are trained to use all equipment and tools assigned to them. Stay Green Inc. lives by best practices
that are practiced daily. Managers are especially used to training staff members on maintenance tasks, routine
and non-routine.
C-8
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
Staff Qualifications continued -
Listed below are the individuals, phone numbers and email addresses, who are authorized to make
commitments in relationship to this work.
Steve Seely is our Chief of Operations. Steve has been with Stay Green 10 plus years. He manages over 500
employees and monitors all job sites. His Management experience in the landscape industry has
distinguished him in excellent customer service and attention to detail on large accounts. Steve’s wealth of
knowledge working with city contracts for the last 10 years has brought a level commitment and attention to
detail that he has taught to our supervisors and crew leaders in the field. In addition, he holds Arborist
license. Steve’s phone number is 661-510-9536, and he’s email address is sseely@staygreen.com
Martin McKenna is the Senior Branch Manager for this project. Martin has been in the green industry for over
10 years managing large scale municipalities, HOA’s, resorts, and county/federal contracts throughout
Southern California, Phoenix and Las Vegas. Martin has an undergraduate degree in Business from Azusa
Pacific University and a MBA from the University of Southern California. Martin’s phone number is 818-967-
1946 and he’s email address is mmckenna@staygreen.com.
Zachariah Lavenant will be the Account Manager assigned to the City of Rancho Palos Verdes Annual Fuel
Modification Services. Zachariah Lavenant has a decade of experience in the landscape industry and managing
large accounts. But not limited to Irrigation Management, Water Management, Drip Irrigation, Project
Management, Landscape Maintenance, Integrated Pest management (Qualified Applicator License Holder),
and Tree Service. Zachariah has also provided fuel modification management for The City of Rancho Palos
Verdes and PVPLC and is familiar with the protected native species that both parties pride itself in protecting.
Zachariah and the city contact will work very close on the day to day operations and updates. Zachariah
provides consistent updates in the format our client requests. Zachariah Lavenant’s phone number is 818-
402-2239, and his email address is zlavenant@staygreen.com.
Alfredo Salazar will be the Project Coordinator assigned to the City of Rancho Palos Verdes Annual Fuel
Modification Services. Alfredo has a decade of landscape industry experience specifically in managing crews
for large Maintenance Contracts, Enhancement Projects, and Fuel Modification. Meeting and exceeding client
expectations in the field is what drives Alfredo to success. He is a big advocate for safety and training his team
to provide the community a great product. Alfredo Salazar’s phone number is 310-707-7885, and his email
address is asalazar@staygreen.com.
C-9
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
Reference Projects –
City of Rancho Palos Verdes Contact – Juan Hernandez
30940 Hawthorne Blvd jhernandez@rpvca.gov
Rancho Palos Verdes, CA 90275 310-544-5221
Tower Grove Contact – Liane Pinder
1652 Tower Grove lpinder@ftci.com
Beverly Hills, CA 90210 213-596-8621
Mulholland Heights Contact – Helen Cook
3643 Via Del Prado helen@hoaorganizers.com
Calabasas, CA 91302 818-778-3331
C-10
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
E) Project Schedule
Project Schedule will revolve around retrieving bird surveys for zones scheduled and reschedule where
needed.
Step 1) Receive survey for birds.
Step2) Stay Green Survey zone for potential hazards bee, wasps, snakes. Survey for new native plant growth,
and vegetation needing trimming and or thinning. Take photos of areas.
Step 3) Commence work and written report.
Step 4) Commence with steps 1-3 for next zone on schedule.
F) Quality Control Plan
In order to ensure all zones are kept to fire safety compliance a 15% growth contingency plan will be included
for zones that need an extra service with in the year.
G) Acceptance of Conditions
Stay Green Inc. is in acceptance of all conditions listed in the Request for Proposal document and Sample
Professional Services Agreement.
C-11
Stay Green Inc.
The Natural Choice ™
For Professional Landscape Services
Stay Green Inc.
26415SwnmitCirde,SantaClarita,CA91350 • (800)858-5508 • (661)291-2800 • Fax:(661)705-2089
www.staygn:en.cnm • C-27, C-61 License #346620
Fuel
Mod
Zone #
Acreage
Rounded Site/Area Project Schedule Price Year One Price Year Two Price Year Three
1 7.54 Forrestal Nature Preserve May 1-5,2023 $14,497.62 $14,946.00 $15,394.38
3 0.17 Island View (end of East Crest
Road)May 1-5,2023 $625.65 $645.00 $664.35
5 0.89 Portuguese Bend Reserve May 1-5,2023 $3,915.89 $4,037.00 $4,158.11
6 0.64 Cherry Hill Lane May 15-19,2023 $1,940.97 $2,001.00 $2,061.03
7 6.61 Cherry Hill Lane May 15-19,2023 $20,048.93 $20,669.00 $21,289.07
8 1.49 Abalone Cove May 15-19,2023 $3,135.04 $3,232.00 $3,328.96
12 24.02 Malaga Canyon Reserve May 8-12,2022 $50,210.11 $51,763.00 $53,315.89
13 2.57 Portuguese Bend Reserve May 1-5,2023 $8,302.23 $8,559.00 $8,815.77
13B 0.8 $2,516.18 $2,594.00 $2,671.82
14 10.77 Vicente Bluffs Reserve May 29 - June 2 $36,286.73 $37,409.00 $38,531.27
16 9.51 Agua Amaga Reserve
(Agua Amarga Canyon) May 8-12,2022 $25,589.57 $26,381.00 $27,172.43
17 19.8 Vicente Bluffs Reserve May 29 - June 2 $24,795.14 $25,562.00 $26,328.86
17A 9 $0.00 $0.00
17B 3.2 $0.00 $0.00
17C 7.6 $0.00 $0.00
19B 5.2 Agua Amaga Reserve
(Agua Amarga Canyon) May 8-12,2022 $10,869.82 $11,206.00 $11,542.18
22 0.07 Vicente Bluffs Reserve May 23-26,2023 $625.65 $645.00 $664.35
23 0.02 Vicente Bluffs Reserve May 23-26,2023 $625.65 $645.00 $664.35
24 0.22 Vicente Bluffs Reserve May 23-26,2023 $967.09 $997.00 $1,026.91
25 0.01 Vicente Bluffs Reserve May 23-26,2023 $625.65 $645.00 $664.35
26 0.02 Vicente Bluffs Reserve May 23-26,2023 $625.65 $645.00 $664.35
27 0.02 Vicente Bluffs Reserve May 23-26,2023 $625.65 $645.00 $664.35
28C 0.07 Filiorum Reserve April 17-21,2023 $3,075.87 $3,171.00 $3,266.13
29 9.42 Ladera Linda April 17-21,2023 $24,131.66 $24,878.00 $25,624.34
30 0.17 Friendship Park April 10-14,2023 $625.65 $645.00 $664.35
31 2.64 Ocean Trails Reserve April 3-7,2023 $8,007.35 $8,255.00 $8,502.65
32 2.5 Cherry Hill Lane area May 15-19,2023 $5,226.36 $5,388.00 $5,549.64
C-12
33 1.5 Filiorum Reserve April 24-28,2023 $3,136.01 $3,233.00 $3,329.99
34 0.29 Alta Vicente Reserve May 22-26,2023 $1,274.58 $1,314.00 $1,353.42
35 1.9 Pelican Cove May 22-26,2023 $5,762.77 $5,941.00 $6,119.23
36 0.14 Pelican Cove May 22-26,2023 $625.65 $645.00 $664.35
37 0.12
Point Vicente School
Access Trail (a.k.a. "Calle
de Sueños Trail")Aprik 10-14,2023 $625.65 $645.00 $664.35
51 0.01 Ocean Trails Reserve April 10-14,2023 $625.65 $645.00 $664.35
55 2 Silver Spur / McKay
Property April 3-7,2023 $6,328.28 $6,524.00 $6,719.72
56 2.85 Vanderlip Senior Park April 10-14,2023 $3,520.13 $3,629.00 $3,737.87
57 0.1 Vanderlip Senior Park April 10-14,2023 $625.65 $645.00 $664.35
60 7.92 Malaga Canyon Reserve May 1-5,2023 $16,555.96 $17,068.00 $17,580.04
61 5.05 Malaga Canyon Reserve May 1-5,2023 $15,302.72 $15,776.00 $16,249.28
62 0.48 Malaga Canyon Reserve May 1-5,2023 $1,455.97 $1,501.00 $1,546.03
65 0.37 Vista del Norte April 3-7,2023 $1,122.29 $1,157.00 $1,191.71
67 2.91 Agua Amaga Reserve
(Agua Amarga Canyon) May 8-12,2022 $8,827.00 $9,100.00 $9,373.00
68 0.81 Filiorum Reserve April 24-28,2023 $2,457.01 $2,533.00 $2,608.99
69 0.01 Filiorum Reserve April 24-28,2023 $625.65 $645.00 $664.35
71 0.03 Filiorum Reserve April 24-28,2023 $1,318.23 $1,359.00 $1,399.77
72 0.26 Filiorum Reserve April 24-28,2023 $1,142.66 $1,178.00 $1,213.34
74 1.16 Portuguese Bend Reserve April 24-28,2023 $5,098.32 $5,256.00 $5,413.68
75 2.56 Portuguese Bend Reserve April 24-28,2023 $5,351.49 $5,517.00 $5,682.51
76 0.4 Portuguese Bend Reserve April 24-28,2023 $1,213.47 $1,251.00 $1,288.53
79 1.67 Forrestal Nature Preserve April 17-21,2023 $7,339.99 $7,567.00 $7,794.01
80 0.03 Forrestal Nature Preserve April 17-21,2023 $1,058.27 $1,091.00 $1,123.73
83 0.86 San Ramone Reserve April 3-7,2023 $2,608.33 $2,689.00 $2,769.67
85 0.42 San Ramone Reserve April 10-14,2023 $1,845.91 $1,903.00 $1,960.09
87 0.08 San Ramone Reserve April 10-14,2023 $2,425.97 $2,501.00 $2,576.03
C-13
88 0.24 San Ramone Reserve April 3-7,2023 $1,054.39 $1,087.00 $1,119.61
89 0.56 San Ramone Reserve April 3-7,2023 $2,460.89 $2,537.00 $2,613.11
90 0 Ocean Trails Reserve April 3-7,2023 $625.65 $645.00 $664.35
92 1.09 Ocean Trails Reserve April 3-7,2023 $3,305.76 $3,408.00 $3,510.24
93 0.17 Forrestal Nature Preserve April 17-21,2023 $748.84 $772.00 $795.16
94 0.7 Forrestal Nature Preserve May 1-5,2023 $2,123.33 $2,189.00 $2,254.67
95 1.42 Forrestal Nature Preserve May 1-5,2023 $4,306.80 $4,440.00 $4,573.20
96 0.14 Forrestal Nature Preserve May 1-5,2023 $625.65 $645.00 $664.35
C-14
Revised:2/24/2023
Fuel Mod
Zone #
Acreage
Rounded Site/Area Project
Schedule
Project
Schedule
Project
Schedule
Price Year One
2023
Price Year Two
2024
Price Year
Three 2025
1 7.54 Forrestal Nature
Preserve
May 1-
5,2023
May 6-
10,2024
May 5-
9,2025 $8,704.00 $8,965.12 $9,234.04
3 0.17 Island View (end of East
Crest Road)
May 1-
5,2023
May 6-
10,2024
May 5-
9,2025 $625.65 $645.00 $664.35
5 0.89 Portuguese Bend
Reserve
May 1-
5,2023
May 6-
10,2024
May 5-
9,2025 $3,915.89 $4,037.00 $4,158.11
6 0.64 Cherry Hill Lane May 15-
19,2023
May 13-
17,2024
May 12-
16,2025 $1,940.97 $2,001.00 $2,061.03
7 6.61 Cherry Hill Lane May 15-
19,2023
May 13-
17,2024
May 12-
16,2025 $20,048.93 $20,669.00 $21,289.07
8 1.49 Abalone Cove May 15-
19,2023
May 13-
17,2024
May 12-
16,2025 $3,135.04 $3,232.00 $3,328.96
13 2.57 Portuguese Bend
Reserve
May 1-
5,2023
May 1-
3,2024
May 5-
9,2025 $8,302.23 $8,559.00 $8,815.77
13B 0.8 (Near) Burma Trail May 1-
5,2023
May 1-
3,2024
May 5-
9,2025
$2,516.18 $2,594.00 $2,671.82
14 6.77 Vicente Bluffs Reserve
May 29 -
June 2,
2023
May 27-31,
2024
May 26-
30,2025 $20,050.26 $20,670.00 $21,290.00
16 9.51 Agua Amaga Reserve
(Agua Amaga Canyon)
May 8-
12,2023
May 6-
10,2024
May 5-
9,2023 $25,589.57 $26,381.00 $27,172.43
17 19.8 Vicente Bluffs Reserve
May 29 -
June 2,
2023
May 27-31,
2024
May 26-
30,2025 $24,795.14 $25,562.00 $26,328.86
D-1
•• • Stav,.Q,~~~a,lnc!
' For P,·ofessional Landscape Services
Revised:2/24/2023
19b 5.4 Agua Amaga Reserve
(Agua Amaga Canyon
May 8 – 12,
2023
May 13-
17,2024
May 12-
16,2025 $10,869.82 $11,206.00 $11,542.18
24 0.22 Vicente Bluffs Reserve May 23-
26,2023
May 20-
24,2024
May 19-
23,2025 $967.09 $997.00 $1,026.91
28C 0.07 Filiorum Reserve April 17-
21,2023
April 15-
19,2024
April 14-
18,2025 $3,075.87 $3,171.00 $3,266.13
29 9.42 Ladera Linda April 17-
21,2023
April 15-
19,2024
April 14-
18,2025 $6,528.00 $6,723.84 $6,925.56
30 0.17 Friendship Park April 10-
14,2023
April 8-
12,2024
April 7-
11,2025 $625.65 $645.00 $664.35
31 2.64 Ocean Trails Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $7,869.71 $8,105.80 $8,348.98
32 2.5 Cherry Hill Lane area May 15-
19,2023
May 13-
17,2024
May 12-
16,2025 $5,226.36 $5,388.00 $5,549.64
33 1.5 Filiorum Reserve April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $3,136.01 $3,233.00 $3,329.99
34 0.29 Alta Vicente Reserve May 22-
26,2023
May 18-
22,2024
May 19-
23,2025 $1,274.58 $1,314.00 $1,353.42
35 1.9 Pelican Cove May 22-
26,2023
May 18-
22,2024
May 19-
23,2025 $5,762.77 $5,941.00 $6,119.23
36 0.14 Pelican Cove May 22-
26,2023
May 18-
22,2024
May 19-
23,2025 $625.65 $645.00 $664.35
51 0.01 Ocean Trails Reserve April 10-
14,2023
April 8-
12,2024
April 7-
11,2025 $625.65 $645.00 $664.35
55 2 Silver Spur / McKay
Property
April 3-
7,2023
April 1-
7,2024
April 1-
4,2025 $6,079.00 $6,261.39 $6,449.23
D-2
•• • Stav,.Q,~~~a,lnc!
' For P,·ofessional Landscape Services
Revised:2/24/2023
56 2.85 Vanderlip Senior Park April 10-
14,2023
April 8-
12,2024
April 14-
18,2025 $3,520.13 $3,629.00 $3,737.87
57 0.1 Vanderlip Senior Park April 10-
14,2023
April 8-
12,2024
April 7-
11,2025 $625.65 $645.00 $664.35
65 0.37 Vista del Norte April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $1,122.29 $1,157.00 $1,191.71
67 2.91
Agua Amaga Reserve
(Agua Amarga
Canyon)
May 8-
12,2023
May 6-
10,2024
May 5-
9,2025 $8,827.00 $9,100.00 $9,373.00
68 0.81 Filiorum Reserve April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $2,457.01 $2,533.00 $2,608.99
69 0.01 Filiorum Reserve April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $625.65 $645.00 $664.35
71 0.03 Filiorum Reserve April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $1,318.23 $1,359.00 $1,399.77
72 0.26 Filiorum Reserve April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $1,142.66 $1,178.00 $1,213.34
74 1.16 Portuguese Bend
Reserve
April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $5,098.32 $5,256.00 $5,413.68
75 2.56 Portuguese Bend
Reserve
April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $5,351.49 $5,517.00 $5,682.51
76 0.4 Portuguese Bend
Reserve
April 24-
28,2023
April 22-
26,2024
April 21-
25,2025 $1,213.47 $1,251.00 $1,288.53
79 1.67 Forrestal Nature
Preserve
April 17-
21,2023
April 15-
19,2024
April 14-
18,2025 $7,339.99 $7,567.00 $7,794.01
80 0.03 Forrestal Nature
Preserve
April 17-
21,2023
April 15-
19,2024
April 14-
18,2025 $1,058.27 $1,091.00 $1,123.73
D-3
•• • Stav,.Q,~~~a,lnc!
' For P,·ofessional Landscape Services
Revised:2/24/2023
83 0.86 San Ramone Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $2,608.33 $2,689.00 $2,769.67
85 0.42 San Ramone Reserve April 10-
14,2023
April 8-
12,2024
April 7-
11,2025 $1,845.91 $1,903.00 $1,960.09
87 0.08 San Ramone Reserve April 10-
14,2023
April 8-
12,2024
April 7-
11,2025 $2,425.97 $2,501.00 $2,576.03
88 0.24 San Ramone Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $1,054.39 $1,087.00 $1,119.61
89 0.56 San Ramone Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $2,460.89 $2,537.00 $2,613.11
90 0 Ocean Trails Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $625.65 $645.00 $664.35
92 1.09 Ocean Trails Reserve April 3-
7,2023
April 1-
5,2024
April 1-
4,2025 $3,305.76 $3,408.00 $3,510.24
93 0.17 Forrestal Nature
Preserve
April 17-
21,2023
April 15-
19,2024
April 14-
18,2025 $748.84 $772.00 $795.16
94 0.7 Forrestal Nature
Preserve
May 1-
5,2023
May 1-
3,2024
May 5-
9,2025 $2,123.33 $2,189.00 $2,254.67
95 1.42 Forrestal Nature
Preserve
May 1-
5,2023
May 1-
3,2024
May 5-
9,2025 $4,306.80 $4,440.00 $4,573.20
96 0.14 Forrestal Nature
Preserve
May 1-
5,2023
May 1-
3,2024
May 5-
9,2025 $625.65 $645.00 $664.35
1 Forrestal Nature Preserve Phase 1 $50,084.50
Year 2023 Total:
$284,206.20
Year 2024 Total:
$241,335.15
Year 2025 Total:
$248,575.08
Overall Total: $774,116.43
D-4
•• • Stav,.Q,~~~a,lnc!
' For P,·ofessional Landscape Services
I