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CL_AGN_230213_CC_AgendaPacket_F_A1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 5.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder. 6.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. 6.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING RECOMMENDATION: Approved 7.PUBLIC COMMENT ON NON-AGENDA ITEMS This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 8.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, February 13, 2023 CITY OF ROLLING HILLS 7:00 PM The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Recordings to City Council meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php Next Resolution No. 1329 Next Ordinance No. 383 CL_AGN_230213_CC_BlueFolderItem_8G.pdf CL_AGN_230213_CC_BlueFolderItem_8I.pdf CL_AGN_230213_CC_BlueFolderItem_12B.pdf 1 Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion. 8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF FEBRUARY 13, 2023 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JANUARY 23, 2023 RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS. RECOMMENDATION: Approve as presented. 8.E.ADOPT BY RESOLUTION NO. 1325 AUTHORIZING A BUDGET MODIFICATION OF $23,670; APPROVE AN AMENDED AGREEMENT WITH NV5 TO PHASE THE 8â€ SEWER MAIN ENGINEERING PLANS FOR $23,670 AND AUTHORIZE THE CITY MANAGER TO EXECUTE RECOMMENDATION: Adopt Resolution No. 1325 and approve as presented. 8.F.ADOPT BY RESOLUTION NO. 1326 AUTHORIZING A BUDGET MODIFICATION OF $5,000 FOR BOLTON ENGINEERING FOR THE TENNIS COURT ADA IMPROVEMENT PROJECT RECOMMENDATION: Adopt Resolution 1326 and approve as presented. 8.G.APPROVE A WELLNESS PROGRAM FOR CITY STAFF RECOMMENDATION: Approve as presented. 8.H.APPROVE BENNETT LANDSCAPING PROPOSALS TO REPAIR AND REPLACE ONE PRESSURE REGULATOR AND LEAKY VALVE, CORRECT IRRIGATION ISSUES, PROVIDE GOPHER ABATEMENT, LANDSCAPE DESIGN, TREE REMOVAL, AND LANDSCAPE IMPROVEMENTS RECOMMENDATION: Approve as presented. CL_AGN_230213_CC_AffidavitofPosting.pdf CL_MIN_230123_CC_F.pdf CL_AGN_230213_CC_PaymentOfBills.pdf ResolutionNo1325_NV5_8inchSewerMain_Phase1_Budget Amendment.pdf CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5 Signed.pdf CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf ResolutionNo1326_BoltonEng_TopographicSurvey_BudgetAmendment.pdf CA_AGR_220912_PSA_BoltonEng_Amendment01_TennisCourtADA_E.pdf CL_AGN_230213_CC_Item8G.pdf CL_AGN_230213_CC_BennettProposal01_Various.pdf CL_AGN_230213_CC_BennettProposal02_Irrigation.pdf CL_AGN_230213_CC_BennettProposal03_Gophers.pdf 2 8.I.RECEIVE AND FILE A PRESENTATION OF THREE SELECTED LOCATIONS FOR THE OUTDOOR SIREN PROJECT TO PERFORM SOUND PROPAGATION ANALYSIS AND APPROVE AMENDED AGREEMENT WITH HQE IN THE AMOUNT OF $4,195 RECOMMENDATION: Approve as presented. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 11.PUBLIC HEARINGS 12.OLD BUSINESS 12.A.CONSIDER AND APPROVE THE UPDATED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2023 RECOMMENDATION: Staff recommends that the City Council consider the updated City Council committee assignments and provide direction to staff. 12.B.ACCEPT BID PROPOSAL FROM EC CONSTRUCTION FOR EMERGENCY STORM DRAIN REPAIR AT 1 MIDDLERIDGE LANE SOUTH; ADOPT BY RESOLUTION NO. 1327 APPROVING THE EMERGENCY WORK; ADOPT BY RESOLUTION NO. 1328 AUTHORIZING A BUDGET MODIFICATION OF $38,640; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE; RECEIVE AND FILE ENGINEERING DESIGN PROPOSAL FROM ONWARD ENGINEERING RECOMMENDATION: Approve as presented. 12.C.RECEIVE AND FILE A TECHNICAL MEMORANDUM FROM PACIFIC ARCHITECTURE AND ENGINEERING INC., ON OPTIONS TO REPLACE THE CL_AGN_230213_CC_BennettProposal04_Design.pdf CL_AGN_230213_HQE_Amendment03.pdf CL_AGN_230213_CC_HQE_ScopeOfWork2_221020.pdf CL_AGN_230213_CC_3 Potential Sirens Locations.pdf CL_AGN_230213_Item8I_CMDieringer_Submittal.pdf CC_ASM_230213_CommitteeAssignments_PW.pdf CC_ASM_220509_2022.pdf PW_DRA_230201_1MiddleridgeLnS_Sinkhole_ECC_Estimate_CMP.pdf PW_DRA_230201_1MiddleridgeLnS_Sinkhole_ECC_Estimate_Lining.pdf ResolutionNo1327_EmergencyStormDrainRepair_1MiddleridgeLaneS.pdf ResolutionNo1328_EmergRepairs_1MiddleridgeS_BudgetAmendment.pdf CA_AGR_230213_ECC_EmergencyContract_1MiddleridgeLaneS_F.pdf PW_DRA_230209_Middleridge_OnwardEng_Design& PM_Proposal.pdf PW_DRA_220107_AsBuilts_MiddleridgeLane_6650 U1-B.pdf PW_DRA_230118_1MiddleridgeLnS_Sinkhole_OE_ObservationReport.pdf CL_AGN_230213_Item12B_CorrectionLiningCost_Redacted.pdf 3 EXISTING CITY HALL CAMPUS EMERGENCY STANDBY DIESEL GENERATOR AND PROVIDE DIRECTION TO STAFF. RECOMMENDATION: Receive and file technical memorandum and select a replacement option. 13.NEW BUSINESS 13.A.FISCAL YEAR 2022/23 MID-YEAR REPORT FOR THE SIX MONTHS ENDED DECEMBER 31, 2022 RECOMMENDATION: Receive and accept. 13.B.APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR DRONE SERVICES WITH SKY LADDER DRONES RECOMMENDATION: Approve as presented 14.MATTERS FROM THE CITY COUNCIL 14.A.DISCUSS CALL FOR SERVICE EMAILS GENERATED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (COUNCILMEMBER PIEPER) RECOMMENDATION: Provide direction to staff. 14.B.DISCUSS AND PROVIDE DIRECTION REGARDING SOUTH BAY CITIES COUNCIL OF GOVERNMENTS PROPOSAL TO INCREASE DUES BASED ON THREE POTENTIAL SCENARIOS (COUNCILMEMBER DIERINGER) RECOMMENDATION: Provide direction to staff. 15.MATTERS FROM STAFF 16.RECESS TO CLOSED SESSION 16.A.CONFERENCE WITH LABOR NEGOTIATOR GOVERNMENT CODE SECTION 54957.6 CITY'S DESIGNATED REPRESENTATIVE: MAYOR PATRICK WILSON UNREPRESENTED EMPLOYEE: CITY MANAGER ELAINE JENG RECOMMENDATION: None. 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, February 27, 2023 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. 20221215_Gen Vs Solar memo_V1.pdf CL_AGN_230213_CC_MidYear_Analysis.pdf CL_AGN_230213_CC_GeneralFundRevenues_Through12.31.22.pdf CL_AGN_230213_CC_GeneralFundExpenditures_Through12.31.22.pdf CL_AGN_230213_CC_Revenues&Expenditures_Through12.31.22_Restricted&OtherFunds.pdf CL_AGN_230213_CC_Sky Ladder Drones Proposal.pdf CL_AGN_230213_SBCCOG_FinanceCommittee_02.01.23_AgendaSlides.pdf Notice: 4 Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 Agenda Item No.: 6.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL MEETING DATE:February 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approved. ATTACHMENTS: CL_AGN_230213_CC_BlueFolderItem_8G.pdf CL_AGN_230213_CC_BlueFolderItem_8I.pdf CL_AGN_230213_CC_BlueFolderItem_12B.pdf 6 BLUE FOLDER ITEM (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. CITY COUNCIL MEETING February 13, 2023 8.G APPROVE A WELLNESS PROGRAM FOR CITY STAFF FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_AGN_230213_CC_Item8G.pdf 7 BLUE FOLDER ITEM (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. CITY COUNCIL MEETING February 13, 2023 8.I RECEIVE AND FILE A PRESENTATION OF THREE SELECTED LOCATIONS FOR THE OUTDOOR SIREN PROJECT TO PERFORM SOUND PROPAGATION ANALYSIS AND APPROVE AMENDED AGREEMENT WITH HQE IN THE AMOUNT OF $4,195 FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_AGN_230213_Item8I_CMDieringer_Submittal.pdf 8 BLUE FOLDER ITEM (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. CITY COUNCIL MEETING February 13, 2023 12.B ACCEPT BID PROPOSAL FRO M EC CONSTRUCTION FOR EMERGENCY STORM DRAIN REPAIR AT 1 MIDDLERIDGE LANE SOUTH; ADOPT BY RESOLUTION NO. 1327 APPROVING THE EMERGENCY WORK; ADOPT BY RESOLUTION NO. 1328 AUTHO RIZING A BUDGET MODIFICATION OF $38,640; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE; RECEIVE AND FILE ENGINEERING DESIGN PROPOSAL FROM ONWARD ENGINEERING FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER CL_AGN_230213_Item12B_CorrectionLiningCost_Redacted.pdf 9 Agenda Item No.: 8.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF FEBRUARY 13, 2023 DATE:February 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_230213_CC_AffidavitofPosting.pdf 10 Administrative Report 8.A., File # 1637 Meeting Date: 02/13/202 3 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF FEBRUARY 13, 2023 EXECUTIVE SUMMARY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body City Council Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time February 13, 2023 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: February 10, 2023 11 Agenda Item No.: 8.B Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:February 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 12 Agenda Item No.: 8.C Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JANUARY 23, 2023 DATE:February 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230123_CC_F.pdf 13 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 1 Minutes Rolling Hills City Council Mon day, January 23 , 202 3 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:02 p.m. Mayor Wilson presiding. 2. ROLL CALL Councilmembers Present: Dieringer, Pieper, Mayor Pro Tem Mirsch, Mayor Wilson Councilmembers Absent: None Staff Present: Elaine Jeng , City Manager Christian Horvath, City Clerk / Executive Assistant to the City Manager John Signo, Planning & Community Services Director Vanessa Hevener, Senior Management Analyst Robert Samario, Finance Director Pat Donegan, City Attorney 3. PLEDGE OF ALLEGIANCE – Councilmember Pieper 4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE 5. APPROVE ORDER OF THE AGENDA Councilmember Black arrived at 7:05 p.m. 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file Blue Folder Items for 7A, 11A and 13C. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 7. PUBLI C COMMENT ON NON-AGENDA ITEMS Public Comment: Victor Ibarra, Charlie Raine, Ali Tashakori 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JANUARY 23, 2023 8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA 8.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JANUARY 9 , 2023 14 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 2 8.D. PAYMENT OF BILLS 8.E. PULLED BY MAYOR WILSON 8.F. ADOPT RESOLUTION 1323 AUTHORIZING THE EXCHANGE OF PROPOSITION A FUNDS WITH THE CITY OF BEVERLY HILLS FOR GENERAL FUNDS; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FUND EXCHANGE AGREEMENT 8.G. ADOPT BY RESOLUTION NO. 1324 AUTHORIZING A BUDGET AMENDMENT OF $13,000.00 IN GENERAL FUND RESERVES FOR THE STREET AND TRAFFIC IMPROVEMENTS ON JOHNS CANYON ROAD Motion by Councilmember Dieringer, seconded by Mayor Pro Tem Mirsch to approve Consent Calendar except Item 8E. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 9. EXCLUDED CONSENT CALENDAR ITEMS 8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR DECEMBER 2022 Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 10. COMMISSION ITEMS – NONE 11. PUBLIC HEARINGS 11.A. ADOPT RESOLUTION NO. 1322 TO CREATE THE UNDERGROUND UTILITY DISTRICT NO. 2 (UDD-02) (EASTFIELD DRIVE) Presentation by Senior Management Analyst Vanessa Hevener Public Comment: David Brown, Ramona See Motion by Councilmember Pieper, seconded by Councilmember Black to Adopt Resolution No. 1322 to create Underground utility District No. 2 (UUD-02) (Eastfield Drive.) Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 12. OLD BUSINESS 12.A. RECEIVE AND FILE AN UPDATE TO THE OUTDOOR SIREN PROJECT 15 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 3 Presentation by Senior Management Analyst Vanessa Hevener Public Comment: Arlene Honbo, Ralph Black, Judith Haenel Mayor Wilson shared information from the City of Paradise. Mayor Pro Tem Mirsch shared information from the Cities of Mill Valley and Laguna Beach Primary Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to receive and file and direct staff to identify four sites. Substitute motion by Councilmember Dieringer to bifurcate the primary motion into two separate motions. Motion failed for lack of a second. Primary Motion carried with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: Dieringer ABSENT: None Mayor Wilson moved to Item 12E. 12.E. APPROVE REVISED FISCAL YEAR 2023/24 BUDGET CALENDAR Presentation by City Manager Elaine Jeng Motion by Councilmember Mayor Pro Tem Mirsch, seconded by Councilmember Pieper to approve the revised FY 2023/24 Budget Calendar. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None Mayor Wilson moved to Items 13A and B. 13. NEW BUSINESS 13.A. AUDITED ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Presentation by Finance Director Robert Samario Kirk Hamblin, Lance, Soll & Lunghard, LLP Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to accept the audited financial statements for the fiscal year ended June 30, 2022. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13.B. RECEIVE PRESENTATION ON FISCAL YEAR 2023/24 BUDGET DEVELOPMENT KICKOFF AND PROVIDE INPUT TO THE FINANCE/BUDGET/AUDIT COMMITTEE Presentation by Finance Director Robert Samario 16 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 4 Public Comment: Alfred Visco Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch to receive and file . Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None Mayor Wilson moved back to Item 12B. 12. OLD BUSINESS 12.B. CONSIDER ENGAGING 4LEAF, INC. TO PROVIDE CODE ENFORCEMENT SERVICES, AND DIRECT STAFF TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR AN AMOUNT NOT -TO-EXCEED $79,040 FOR A ONE-YEAR TERM INCLUDING $33,440 FOR THE REMAINDER OF THE 2022-2023 FISCAL YEAR Presentation by Planning & Community Services Director John Signo Motion by Councilmember Black, seconded by Councilmember Pieper directing the City Manager to execute a Professional Services Agreement with 4Leaf, Inc.at a not-to -exceed amount of $59,040 for one year. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor W ilson NOES: None ABSENT: None 12.C. RECEIVE AND FILE SUPPLEMENTAL SEWER STUDY PREPARED BY WILLDAN ENGINEERING TO PHASE THE CONSTRUCTION OF THE 8" SEWER MAIN PROJECT AND DIRECT STAFF TO PREPARE AN AMENDED PROFESSIONAL SERVICE AGREEMENT WITH NV5 TO PREPARE CONSTRUCTION DOCUMENTS IN ACCORDANCE WITH THE PHASING OF THE PROJECT Presentation by City Manager Elaine Jeng Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to receive and file the supplemental sewer study from Wildan Engineering and direct staff to prepare an amended professional Service agreement with NV5 in the amount of $23,670. Motion carried with the following vote: AYES: Black, Dieringer, Mirsch, Mayor Wilson NOES: Pieper ABSENT: None 12.D. RECEIVE AND FILE A TECHNICAL MEMORANDUM FROM PACIFIC ARCHITECTURE AND ENGINEERING INC., ON OPTIONS TO REPLACE THE EXISTING CITY HALL CAMPUS EMERGENCY STANDBY DIESEL GENERATOR AND PROVIDE DIRECTION TO STAFF City Manager Elaine Jeng Motion by Councilmember Pieper, seconded by Councilmember Black to table further discussion until the next City Council meeting. Motion carried unanimously with the following vote: 17 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 5 AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13. NEW BUSINESS 13.C. CONSIDER AND APPROVE THE UPDATED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2023 Motion by Councilmember Black, seconded by Mayor Pro Tem Mirsch to table the item until the next City Council meeting. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13.D. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS ESTATES, AND ROLLING HILLS REGARDING IMPLEMENTATION OF THE "KNOW YOUR ZONE" EVACUATION WEB PLATFORM Primary Motion by Mayor Pro Tem Mirsch, seconded by Councilmember Black to approve the Memorandum of Understanding between the Palos Verdes Peninsula Cities as approved to form by the City Attorney with the established not-to-exceed total cost of $10,000, with Rolling Hills' estimated share in the amount of $700 based upon the established cost allocation formula for the four Peninsula cities. Friendly amendment by Councilmember Dieringer to have this reconsidered if the other three cities don’t approve this as presented and go back to their Councils. Friendly amendment not accepted. Substitute motion by Councilmember Dieringer to approve only if the other three cities approve as is. Motion failed for lack of second. Primary motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13.E. RECEIVE AND FILE CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF THE MIDDLERIDGE LANE STORM DRAIN LINE PERFORMED BY THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 13.F. RECEIVE A REPORT ON NEW SINKHOLE AT 1 MIDDLERIDGE LANE SOUTH AND DIRECT STAFF TO ENGAGE ONWARD ENGINEERING TO PROVIDE REPAIR RECOMMENDATION BASED ON FIELD OBSERVATIONS AND LA COUNTY DEPARTMENT OF PUBLIC WORKS PIPLELINE VIDEO INSPECTION 18 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 6 Motion by Councilmember Pieper, seconded by Councilmember Black granting authority to the City Manager to have EC Construction evaluate and repair the existing sinkhole develop solutions, Onward Engineering provide engineering design recommendations to fix the whole drainage system, and the RHCA to cover the existing sinkholes for safety in the meantime. Motion carried with the following vote: AYES: Black, Pieper, Mirsch, Mayor Wilson NOES: Dieringer ABSENT: None 13.G. RECEIVE AND FILE PROGRESS UPDATE ON CREST ROAD EAST UTILITY UNDERGROUNDING PROJECT Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote: AYES: Black, Dieringer, Pieper, Mirsch, Mayor Wilson NOES: None ABSENT: None 14. MATTERS FROM THE CITY COUNCIL 14.A. DISCUSS CALL FOR SERVICE EMAILS GENERATED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (COUNCILMEMBER JEFF PIEPER) Mayor Wilson tabled the item until the next Council Meeting. 15. MATTERS FROM STAFF – NONE 16. RECESS TO CLOSED SESSION – 11:25 P.M. 16.A. CONFERENCE WITH LABOR NEGOTIATOR GOVERNMENT CODE SECTION 54957.6 CITY'S DESIGNATED REPRESENTATIVE: MAYOR PATRICK WILSON UNREPRESENTED EMPLOYEE: CITY MANAGER ELAINE JENG 17. RECONVENE TO OPEN SESSION – 12:10 A.M. 18. ADJOURNMENT: 12:15 A.M. The meeting was adjourned at 12:15 a.m on January 24, 202 3. The next regular adjourned meeting of the City Council is scheduled to be held on Mon day, February 13, 2023 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk 19 MINUTES – CITY COUNCIL MEETING Monday, January23, 2023 Page 7 Approved, ____________________________________ Patrick Wilson, Mayor 20 Agenda Item No.: 8.D Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PAYMENT OF BILLS. DATE:February 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230213_CC_PaymentOfBills.pdf 21 Check No.Check Date Payee Description Amount 027990 1/18/2023 Timothy McHugh Refund ZC21-10 for Landscape Deposit 5,000.00 027991 2/1/2023 California JPIA Training 2/14-16/23 C. Horvath 375.00 027992 2/1/2023 EXSEL Custom Key to the City 93.08 027993 2/1/2023 Forum Info-Tech. Inc./Levelcloud January Cloud Hosting 5,111.25 027994 2/1/2023 GPA Consulting Project # 918 Vegetation Management - Dec. 2022 670.00 027995 2/1/2023 John L. Hunter & Assoc., Inc.TMRP Services November 2022 2,545.00 027996 2/1/2023 County of Los Angeles December 2022 Animal care Housing Costs 404.93 027997 2/1/2023 Pacific Architecture and Engineering, Inc.GPR Consultant Fees- Task 8 8,140.00 027998 2/1/2023 Palos Verdes Security Sys, Inc.Feb. 2023 CCTV Lease 168.00 027998 2/1/2023 Palos Verdes Security Sys, Inc.Jan.2022 CCTV Lease & 1/1 - 3/31/23 Qtr Alarm 360.00 CHECK TOTAL $ 528.00 027999 2/1/2023 Palos Verdes Peninsula Unified School District School Security Reimbursement 09/30/22 thru 12/29/22 527.75 028000 2/1/2023 Robert Half Temp service week ending 1/20/2023 for Planning 1,158.40 028001 2/1/2023 Willdan Inc.Professional Services Aug. 2022 Project 101749.00 1,130.00 028001 2/1/2023 Willdan Inc.Professional Services Dec. 2022 Project 101749.00 1,962.50 028001 2/1/2023 Willdan Inc.Professional Services Oct. 2022 Project 101749.00 3,885.00 CHECK TOTAL $ 6,977.50 028002 2/1/2023 MV Cheng & Associates Monthly Accounting Services December 2022 15,565.00 028003 2/1/2023 Robert Half Temp service week ending 1/27/2023 for Planning 1,161.84 028004 2/1/2023 Vanessa Hevener Reimbursement 01-17-23 BC Leadership Meeting 128.75 ACH-158 1/17/2023 California Water Service Co.Water Usage 11-29-22 to 12-28-2022_RANCHO 484.39 ACH-159 1/17/2023 California Water Service Co.Water Usage 11-29-22 to 12-28-22_ROLLING 381.07 ACH-160 1/24/2023 Delta Dental Dental Insurance for February 2023 1,125.74 ACH-161 1/24/2023 The Gas Company Gas usage from 12-08-2022 to 01-09-2023 673.87 ACH-162 1/24/2023 Pitney Bowes Postage for Month of December 2022 1,510.00 ACH-163 1/24/2023 Pitney Bowes Postage for Month of January 2023 1,510.00 ACH-164 1/28/2023 Southern California Edison Electricity Usage 12 17 22 to 01 17 23 387.40 ACH-166 1/24/2023 Vision Service Plan - (CA)Vision Coverage February 2023 192.78 ACH-167 12/2/2022 CalPERS PERS PR Ending 11/29/22 4,041.27 ACH-168 12/2/2022 Vantagepoint Transfer Agents - 306580 ICMA PR Ending 11/29/22 1,912.49 ACH-169 12/1/2022 CalPERS PERS Health Dec 2022 11,404.18 ACH-170 12/16/2022 CalPERS PERS PR Ending 12/13/22 4,041.27 ACH-171 12/16/2022 Vantagepoint Transfer Agents - 306580 ICMA PR Ending 12/13/22 1,912.41 ACH-172 12/30/2022 CalPERS PERS PR Ending 12/27/22 3,999.57 ACH-173 12/30/2022 Vantagepoint Transfer Agents - 306580 ICMA PR Ending 12/27/22 666.70 ACH-174 1/1/2023 CalPERS PERS Health January 2023 12,179.90 PR LINK 1/24/2023 PR LINK - Payroll & PR Taxes PR#2 Payroll Processing Fee PR#2 01/11-2023 - 01/24/2023 69.96 PR LINK 1/24/2023 PR LINK - Payroll & PR Taxes PR#2 Pay Period - PR#2 01/11/2023 - 01/24/2023 22,824.26 CITY OF ROLLING HILLS AP23-020 & AP23-020-A, & ACH23-028,029,030,032,033 &034 Check Run 01/18/2023 & 02/01/2023 22 Check No.Check Date Payee Description Amount 117,703.76$ 117,703.76 for the payment of above items. Elaine Jeng, P.E., City Manager I, Elaine Jeng, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of 2/8/2023 23 Agenda Item No.: 8.E Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT BY RESOLUTION NO. 1325 AUTHORIZING A BUDGET MODIFICATION OF $23,670; APPROVE AN AMENDED AGREEMENT WITH NV5 TO PHASE THE 8” SEWER MAIN ENGINEERING PLANS FOR $23,670 AND AUTHORIZE THE CITY MANAGER TO EXECUTE DATE:February 13, 2023 BACKGROUND: The City released a Request for Proposal and engaged the services of NV5 in 2020 to provide engineering design for the 8" sewer main along Portuguese Bend Road/Rolling Hills Road. Since the commencement of the design work, NV5 has met the 65% design, 90% design, and the 100% design milestones. This proposed sewer main crosses several jurisdictions and approval from each jurisdiction is necessary before the project is deemed complete. The additional jurisdictions reviewing the plans are Rolling Hills Estates and City of Torrance. During the review process for the construction documents, the City of Torrance made several requests requiring additional design services in order to approve the plans. The additional design services are necessary to obtain approval from the City of Torrance and proceed to the construction phase of this project. A proposal to amend NV5's PSA was presented to City Council April 25, 2022 at which time City Council directed staff to look at bifurcating the project into phases and identify options to do so. Phase 1 would include the new 8-inch downstream sewer improvements in Rolling Hill and Rolling Hills Estates needed to connect Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts to the existing public sewer system in Rolling Hills Estates. Phase 2 would involve the downstream sewer improvements in the City of Torrance (upsizing existing sewer) along Rolling Hills Road from Lariat Lane to Crenshaw Boulevard. Per the City Council's direction at the April 25, 2022 meeting, staff confirmed with the cities of Rolling Hills Estates and Torrance as well as LACDPW that the proposed 8-inch sewer main along Portuguese Bend Road/Rolling Hills could be phased as previously described on the condition that the Sanitary Sewer Improvement Feasibility Study prepared by Willdan Engineering be 24 updated. All agencies wanted to confirm that the existing sewer main lines in Rolling Hills Estates and the City of Torrance have the capacity to accept effluent from the City Hall campus and the Tennis Courts (Phase 1) without upsizing downstream segments. DISCUSSION: In accordance with the City Council's direction to phase the project, in September 2022, NV5 provided a proposal to bifurcate the 8" Sewer Main Improvement Plans and update construction documents for Phase I only. This effort includes updating the construction documents to reflect only Phase I improvements and includes construction support, record drawing preparation, and optional service to design the sewer connection to City Hall and Rolling Hills Community Association building. In order to pursue grants to construct Phase 1 of the project, a set of completed construction document ready to be advertised for bids is necessary. Previously, the City Council decided not to use General Fund revenues or reserves and directed staff to pursue grant funds for the construction of the project. Staff is preparing a Request for Proposal for a grant writer, anticipated to be release in late January 2023. At the January 23, 2023 City Council meeting, the Council directed staff to prepare an amended professional Service agreement with NV5 in the amount of $23,670. FISCAL IMPACT: This fee was not included in the adopted budget for Fiscal Year 2022-2023. General Fund Reserves will be used for the engineering design fees. The proposed budget amendment will add the funding to the Capital Projects Fund and increase capital transfers in the General Fund. RECOMMENDATION: Adopt Resolution No. 1325 and approve as presented. ATTACHMENTS: ResolutionNo1325_NV5_8inchSewerMain_Phase1_Budget Amendment.pdf CA_AGR_230213_NV5_8inchSewerLineProject_1stAmendment_NV5 Signed.pdf CA_AGR_200929_NV5_8inchSewerLineProject_E.pdf 25 RESOLUTION NO. 1325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO APPROPRIATE $23,670.00 IN THE CAPITAL PROJECTS FUND FUNDED FROM A TRANSFER OF GENERAL FUND RESERVES FOR AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH NV5 FOR PHASE I OF THE BIFURCATED 8-INCH SEWER MAIN ENGINEERING PROJECT THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time. B. In 2020, the City released a request for proposal and engaged the services of NV5, Inc. (“NV5”) to provide engineering design services for the 8” sewer main line project along Portuguese Bend Road/Rolling Hills Road. C. NV5 completed the various design work milestones, but due to the multijurisdictional nature of the project, the review process resulted in certain design change requests from the City of Torrance. D. A proposal to amend NV5's PSA was presented to City Council April 25, 2022 at which time City Council directed staff to look at bifurcating the project into phases and identify options to do so. Phase 1 would include the new 8-inch downstream sewer improvements in Rolling Hill and Rolling Hills Estates needed to connect Rolling Hills City Hall, RHCA Building, Main Gatehouse, and Tennis Courts to the existing public sewer system in Rolling Hills Estates. E. In September of 2022, NV5 provided a proposal to bifurcate the 8” Sewer Main Improvement Project into two phases. Further, NV5 provided a proposal to update the construction documents for Phase 1 only. F. At the January 23, 2023 City Council meeting, staff presented the item to City Council and received direction to amend the Professional Services Agreement with NV5 to prepare the construction documents in accordance with the phasing of the project as described. 26 G. While this budget amendment is necessary to ensure timely design work, staff will continue to explore the possibility of securing grants. D. The City desires to appropriate $23,670.00 in the Capital Projects Fund funded from a transfer of General Fund reserves to fund the Amended Professional Services Agreement with NV5 (attached as Exhibit “A”). Section 2. The sum of twenty three thousand, six hundred and seventy dollars ($23,670.00) is hereby appropriated in the Capital Projects Fund from the General Fund Reserves to fund the Amended Professional Services Agreement with NV5. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. PASSED, APPROVED, AND ADOPTED this 13th day of February, 2023 ______________________________ PAT WILSON MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 27 Exhibit A 28 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“First Amendment”) is made and entered into this 13th day of February, 2023 in City of Rolling Hills, County of Los Angeles, State of California, by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and NV5, Inc. a California corporation (hereinafter the “CONSULTANT”). 1. RECITALS: A. On August 24, 2020, the CITY entered into a Professional Services Agreement with CONSULTANT to provide engineering design services for the 8- Inch sewer main line project along Portuguese Bend Road/Rolling Hills Road (the “Agreement”). D. CITY AND CONSULTANT now desire to amend the Agreement so that CONSULTANT shall provide engineering design services for the 8-Inch Sewer main line project along Portuguese Bend Road/Rolling Hills Road in bifurcated phases. Phase 1, which is the required design and engineering work for the new 8-Inch sewer from Rolling Hills to the existing 8-Inch sewer in Rolling Hills Estates. E. CONSULTANT is well qualified by reason of education and experience to perform such services. F. CONSULTANT is willing to render such professional services. Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to perform the services set forth in this First Amendment. 1. SCOPE OF WORK CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached hereto as Exhibit A and incorporated herein by reference. CONSULTANT shall provide deliverables pursuant to the schedule outlined in Exhibit A. 2. COST CITY agrees to pay CONSULTANT for the services required by this Agreement on a Time and Materials basis as set forth in Exhibit A, subject to a do not exceed amount in the amount of $23,670.00. This fee includes all expenses, consisting of travel, attendance at meetings, and miscellaneous costs. It also includes any escalation or inflation factors anticipated. Any increase in 29 Agreement amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. 3.All terms and conditions of the Agreement not amended by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF ROLLING HILLS CITY MANAGER: NV5, INC. SENIOR VICE PRESIDENT __________________________ __________________________ ELAINE JENG JEFFREY COOPER DATE:___________ DATE:_____________ ATTEST: __________________________ CHRISTIAN HORVATH CITY CLERK APPROVED AS TO FORM: __________________________ PATRICK DONEGAN CITY ATTORNEY February 7, 2023 30 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE 31 163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 September 28, 2022 Alan Palermo City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SUBJECT: Phase 1 – 8-inch Sewer Main from Rolling Hills to Existing Rolling Hills Estates Dear Mr. Palermo, NV5 is currently completing the design for the Rolling Hills Portuguese Bend Sewer Main Improvement Project. The project impacts the intersection of Crenshaw Boulevard and Rolling Hills Road along with Rolling Hills Road itself on both sides of the street. Currently, the City has asked that NV5 split the original design package that included both the Rolling Hills Portuguese Bend and the City of Torrance portions into two separate bid packages from the original single bid package at the commencement of design. Therefore, the City has requested that the project be split such that Phase 1 becomes the new 8-inch sewer from Rolling Hills to the existing 8-inch sewer in Rolling Hills Estates and Phase 2 becomes the new Sewer Upgrades in the City of Torrance. This request addresses the Phase 1 split for the Rolling Hills/Rolling Hills Estates portion. Our Rolling Hills Plans are essentially complete, and hours assume incorporating previous comments on sheet C-6 Striping Plans, and removal of the City of Torrance sheet with renumbering of sheets. The City is engaging another engineering firm to perform a supplemental Sewer Study, which will show future sewer connections as well as update the Sewer Study to show the existing sewer downstream of the upgraded area can accept the conveyance from Rolling Hills, including City Hall, the Community Association Building, Tennis Court Facilities, and the Main Gatehouse. Minor revisions to NV5’s plans, such as sewer upsizing on the plan-set and minor specification updates, may, therefore, be needed pending the outcome of the Sewer Study by others and is not included herein. NV5 will update our existing engineer’s cost estimate for this portion of the work. While this is a standard Class 2 Cost Estimate in accordance with AACEI for control or bid/tender, the City should be aware of the current pricing volatility due to COVID-19 constraints, lack of workforce, and lack of materials is driving up pricing at an unprecedented rate, leading to a larger margin of ranges in the cost estimate. The City has additionally requested that the City Hall Building located at the southeast corner of Palos Verdes North Drive and Portuguese Bend Road with the 4-inch sewer lateral out of the north side of the building be extended and connected to the new sewer down Portuguese Bend Road. This will be incorporated into an additional sheet, if necessary, as an optional item on the project plans to show the sewer lateral extending to the east to connect the City Hall and the separate Rolling Hills Community Association Building. 32 Page 2 The NV5 team will provide limited office engineering during construction. This may include meeting attendance and limited submittal review and processing for up to 24 hours of the Project Engineer’s time and 8 hours of the CAD Designer’s time. Additionally, NV5 will process the Contractor’s red-line, as-built information into CADD format for electronic delivery to the City with 16 hours of CADD time. No additional utility investigation will be added, as it is assumed that the prior utility investigation for the sewer line in the same vicinity will be sufficient. It is assumed additionally that the City will not require engineered traffic control and that this can be assigned to the Contractor to be performed by the Construction Contractor prior to commencement of construction. NV5 will update the specifications for the sewer lines, including the bid schedule, pipeline material, and testing process. NV5 assumes one submittal to the City. The fee to provide these services is as follows: TASK NO. WORK DESCRIPTION PROJECT MANAGER PROJECT ENGINEER CAD DESIGNER ODCs * FEE * $190 $150 $120 Hours $ Hours $ Hours $ 1 Prior Rolling Hills Submittals 3 $570 10 $1,500 25 $3,000 $5,070 2 Rolling Hills Updates 2.1 Future Minor Design Updates to Rolling Hills from Willdan Study (NIC) 2.2 Updates Rolling Hills Set (C-6 and Sheet Renumbering 2 $380 8 $1,200 8 $960 $2,540 3 Update Engineering Cost Estimate 4 $760 8 $1,200 $1,960 4 Limited Office Engineering During Construction 4.1 Construction Support 8 $1,520 24 $3,600 8 $960 $6,080 4.2 Record Drawing Preparation (CADD Contractor's As-Builts) 2 $380 2 $300 16 $1,920 $2,600 Subtotal Items 1-4 Above 19 $3,610 52 $7,800 57 $6,840 $18,250 5 Optional Connection Sheet to City Hall & Rolling Hills Community Association Building 2 $380 8 $1,200 32 $3,840 $5,420 Total Fee 21 $3,990 60 $9,000 89 $10,680 $0 $23,670 * Subconsultant and ODCs are Marked Up 15% The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours are listed for each task, and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee. 33 Page 3 We greatly appreciate your consideration of this matter, and we thank you for the opportunity to work with the City on this project. Should you have any questions or require additional information, please contact me at 951.377.1566 or via email at luanne.bean@nv5.com. Respectfully submitted, NV5, Inc. Luanne Bean, PE Jeffrey M. Cooper, PE Director of Water & Wastewater Operations Senior Vice President PN: P27022-0006149.00 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Agenda Item No.: 8.F Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ADOPT BY RESOLUTION NO. 1326 AUTHORIZING A BUDGET MODIFICATION OF $5,000 FOR BOLTON ENGINEERING FOR THE TENNIS COURT ADA IMPROVEMENT PROJECT DATE:February 13, 2023 BACKGROUND: In August 2017, the City of Rolling Hills hired Bolton Engineering to prepare grading and related plans and documents for the Tennis Court Area Improvement Project. The project was put on hold when the design for the proposed 8" sewer line project was approved by the City Council and when RHCA decided to revise their proposed plans for the tennis courts. Bolton Engineering was able to complete the plans and submit them for plan check with Building and Safety. Bolton Engineering was in the process of responding to corrections when the process was put on hold. On September 12, 2022, the City Council approved an amended agreement to have Bolton Engineering bring the project plan check through completion and conduct on-site inspection during construction. Bolton Engineering submitted the cost to update the plans for $5,000. Construction inspection services will also be provided but under Time and Material. DISCUSSION: The September 12, 2022 staff report denoted under Fiscal Impact that an additional five thousand dollars ($5,000.00) is added to the permitted compensation under this First Amendment and is included in the FY 22-23 Budget. Subsequently, while coding invoices, staff recognized that although the City Council had approved the use of these funds, the FY 22-23 Budget did not account for this additional expenditure. To correct the oversight, staff has prepared a budget amendment resolution. FISCAL IMPACT: This fee was not included in the adopted budget for Fiscal Year 2022-2023. General Fund Reserves will be used for the fees. The proposed budget amendment will add the funding to the Capital Projects Fund and increase capital transfers in the General Fund. 60 RECOMMENDATION: Adopt Resolution 1326 and approve as presented. ATTACHMENTS: ResolutionNo1326_BoltonEng_TopographicSurvey_BudgetAmendment.pdf CA_AGR_220912_PSA_BoltonEng_Amendment01_TennisCourtADA_E.pdf 61 RESOLUTION NO. 1326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO APPROPRIATE $5,000.00 IN THE CAPITAL PROJECTS FUND FROM A TRANSFER OF GENERAL FUND RESERVES TO FILE/ACHIEVE BUILDING PERMITS FOR THE TENNIS COURT ADA IMPROVEMENT PROJECT PERFORMED BY BOLTON ENGINEERING THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time. B. In August 2017, the City of Rolling Hills hired Bolton Engineering to prepare grading and related plans and documents for the Tennis Court Area Improvement Project. The project was put on hold when the design for the proposed 8" sewer line project was approved by the City Council and the Rolling Hills Community Association revised their proposed plans for the tennis courts. Bolton Engineering was able to complete the plans and submit them for plan check with Building and Safety. Bolton Engineering was in the process of responding to corrections when the process was put on hold. C. On September 12, 2022, the City Council approved an amended agreement to have Bolton Engineering bring the project plan check through completion, including the filing and acquisition of building permits for the project. Bolton Engineering submitted the cost to update the plans for $5,000. Construction inspection services would also be provided but under Time and Material. D. At the September 12, 2022 City Council meeting, the City Council approved an additional $5,000 in compensation under the First Amendment and included this amount the FY 22-23 Budget. Subsequently, staff recognized that the FY 22-23 Budget did not account for this additional expenditure and seeks to correct the oversight. 62 E. The City desires to appropriate $5,000.00 in the Capital Projects Fund funded from a transfer of General Fund reserves to fund the filing and acquisition of building permits for the tennis court ADA Improvement project to be conducted by Bolton Engineering Corp. pursuant to the Professional Services Agreement attached as Exhibit “A.” Section 2. The sum of five thousand dollars ($5,000.00) is hereby appropriated in the Capital Projects Fund to fund the filing and acquisition of building permits for the tennis court ADA Improvement project to be conducted by Bolton Engineering Corp. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. PASSED, APPROVED, AND ADOPTED this 13th day of February, 2023 ______________________________ PAT WILSON MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 63 Exhibit A 64 65 66 Agenda Item No.: 8.G Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE A WELLNESS PROGRAM FOR CITY STAFF DATE:February 13, 2023 BACKGROUND: In the current adopted budget, the City Council approved six full time staff to serve the residents of Rolling Hills. To ensure no service interruptions to the residents of Rolling Hills, most of the staff don't leave City Hall during business hours (730am to 5pm). The six staff all wear multiple hats, including the Senior Management Analyst singularly serving as the Human Resource Division. The City Clerk/Executive Assistant to the City Manager provides as-needed in-house handyman work and generate flyers when necessary. The City Manager installed phones at City Hall, and provides janitorial services for the facility at times. All the staff support the organization wherever and whenever the need arises. This week, the Planning and Community Services Director was in accounts payable generating payment checks to vendors. Likewise, the Assistant Planner mailed vendor payments checks to fill the current void in the Finance Department. All the contents to the Blue Newsletter are generated internally, along with the printing, labeling and mailing. Furthermore, all the notices for the development projects are also processed in-house as well as all the agendas to the City Council, and Commissioner meetings. Along with the office work, staff is also functioning as the subject matter experts in their positions whether it be in planning, election, emergency preparedness, stormwater, solid waste, public records, and or engineering. Internal staff perform contract compliance for all the contracts approved by the City Council. Staff completes regulatory reports internally, including required records for grants. In responding to the COVID-19 pandemic, the event brought to light the important of wellness to maintain the functionality of an organization, particularly a small organization like the City of Rolling Hills. In late 2021, one of the six staff was out on extended leave. Another staff resigned to pursue another opportunity at another city. Two of the six staff accounted for 33% 67 of the workforce at City Hall, resulting in the remaining four staff to meet all the business needs. For a time in 2022, City Hall experienced two vacancies and one extended leave, operating with 50% of the workforce to meet all business needs. DISCUSSION: In 2021, the City Council recognized staff's presence at City Hall during business hours. Snacks (fruits, nuts, beef jerky, drinks and etc) were made available to staff at City Hall. Building on the City Council's support, a wellness program is proposed for City Hall staff comprising of the following: Weekly on Thursdays at 3pm in the City Council Chambers, a half-hour stretching and workout led by a staff. Participation optional. Registration fee reimbursement for two run/walk races per year (Redondo Beach Super Bowl 5K in February, and Manhattan Beach 10K in October annually). Participation optional. Quarterly competitions on steps per day. Staff can track steps via cell phones, or smart watches, or pedometers. Steps per day for a three month period will be tallied by individual staff and submitted to the City Manager. The quarterly winner receives a $25 Amazon gift card. Participation optional. Three staff signed up for the Redondo Beach 5K race scheduled for Sunday, February 12, along with one Councilmember. The cost of the race is $55 plus processing fee per person. The Manhattan Beach 10K is scheduled for October 7, 2023. Early registration fee is $30 plus processing fee per person. FISCAL IMPACT: There is sufficient funding in the Fiscal Year 2022-2023 adopted budget under Administration, Miscellaneous Expenses, account 776 to support a fitness program for staff ($55x6, $30x6, $25x4) for approximately $650 per calendar year or $325 per fiscal year. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230213_CC_Item8G.pdf 68 69 Agenda Item No.: 8.H Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE BENNETT LANDSCAPING PROPOSALS TO REPAIR AND REPLACE ONE PRESSURE REGULATOR AND LEAKY VALVE, CORRECT IRRIGATION ISSUES, PROVIDE GOPHER ABATEMENT, LANDSCAPE DESIGN, TREE REMOVAL, AND LANDSCAPE IMPROVEMENTS DATE:February 13, 2023 BACKGROUND: Between 2017 and 2020, the City Hall campus was poorly maintained, with diseased vegetation, broken irrigation lines and sprinklers. Repairs were made and replacement irrigation parts installed; diseased vegetation removed, and isolated new vegetation planted without a holistic plan for the entire campus. An outdated landscape drawing of the City Hall campus was included with the Request for Proposal (RFP) as Attachment 1. The City is lacking as-builts for the campus, including the existing irrigation system and plant palette. In 2022, a survey of the existing irrigation system was conducted by a licensed landscape architect that resulted in a list of recommended actions to improve the operation of the system. The survey was included with the RFP as Attachment 2. With limited open space, the City desires to keep the City Hall campus functional at all times. The City also desires an aesthetically pleasing campus with attention to details to the plant palette. The west side of the City Hall campus is one of the three main entryways to the community. Residents have expressed to staff that the rose bushes and ground covering adjacent to Portuguese Bend Road are the first visuals upon entering the city and this area should be reflective of the care that the city has for the greater community. At the November 14, 2022 City Council meeting, the Council unanimously voted to select Bennett Landscape for a one-year period and directed staff to prepare a professional service agreement which was subsequently approved on December 13, 2022. DISCUSSION: The service contract with Bennett Landscape was executed in early January 2023. Prior to 70 the execution of the current agreement, staff worked with Bennett Landscaping to identify campus-wide issues and needs. Based on conversations and site walks with staff, the following four proposals were submitted by Bennett Landscape for the following services: Landscape Design - $2,875 Landscape Improvements - $6,786 Irrigation deficiencies and spot repairs - $499 Gopher mitigation - $55/site visit, with a minimum of two visits and $65/CO2 smoke Bennett Landscape noted that the above listed services are outside of the routine maintenance and will cost a total of $10,335. FISCAL IMPACT: There appears to be sufficient funds budgeted for FY22/23 in the General Fund to cover the $10,335 in Repairs & Maintenance fees as proposed under 01-65-930. Staff will monitor expenses in this account and, if necessary, will return to Council with a proposed budget increase to this account. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230213_CC_BennettProposal01_Various.pdf CL_AGN_230213_CC_BennettProposal02_Irrigation.pdf CL_AGN_230213_CC_BennettProposal03_Gophers.pdf CL_AGN_230213_CC_BennettProposal04_Design.pdf 71 Page 1 25889 Belle Porte Avenue Harbor City, California 90710 (310) 534-3543, Fax (310) 534-3176 www.bennett-landscape.com Date: A Subsidiary of Bennett Enterprises Inc.Contractors Lic. C27-479003 Estimate #: Billing:Job: ElaineJeng 310 377-1521 ejeng@cityofrh.net 10 2 Iceberg Bush Roses, White, 5 gal Parking Space Area 3 3 Star Jasmine Bush, 5 gal - plant under California Pepper Tree City Hall Northside 4 Xylosma Shrubs, 5 gal - plant to fill in gaps 50 cu yds Wood cover mulch - fill in bare areas Labor and Materials 1,836.00 Removals City Hall Northside Walnut Tree - remove and cut flush Labor, Equipment, and Disposal 150.00 Irrigation 2 4,800.00 continue on page 2 (Payment in full is due UPON completion of work unless otherwise arranged prior to start of work.) A Service fee of 1 ½%Pg Subtotal 6,786.00$ percent per month shall be charged on all 30 days past due accounts. In the event this account becomes delinquent and it is necessary to institute legal proceedings, purchaser agrees to pay reasonable attorney's fees and court costs.Tax Total 6,786.00$ LICENSING: Contractor is duly licensed under the law and statues of the State of California. Contractors are required by law to be licensed and regulated by the Contractor's License Board. Any questions concerning a contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 2600, Sacramento, California 95826 (800) 233-2562 Under the law you may protect yourself against such claims by filling before commencing such work of improvement, an original contract for the work of improvement or a modifica- Under the Mechanics Lien Law, any contractor, subcontractor, laborer, material or other tion thereof, in the office of the county recorder of the county where the property is situated Person who helps to improve your property and is not paid for his labor, services or material,and requiring that a contractor's payment bond be recorded in such office. Said bond shall has a right to enforce his claim against your property. This means that, after a court hearing,an amount not less than fifty percent (50%) of the contract price and shall, in addition to any your property could be sold by a court officer and the proceeds of the sale used to satisfy be in conditions for the performance of the contract, be conditioned for the payment in full the indebtedness. This can happen even if you have paid your own contractor in full, if the of the claims of all persons furnishing labor, services, equipment or materials for the work subcontractor, laborer, or supplier remains unpaid.described in said contract. Labor and Materials LANDSCAPE IMPROVEMENTS Plantings Upper Portuguese Bend Rd Pressure regulators - replace, brass Wilken regulator (as recommended by landscape architect) 2 Portuguese Bend Road Rolling Hills, CA 90274 1/20/2023 CityRHLI sab Certified Pesticide Applicator #30123 City of Rolling Hills Star Jasmine Bush, 5 gal Lower Portuguese Bend Rd (Section 7018, 7019 - Contractors License Law) Star Jasmine Bush, 5 gal Campus Area "NOTICE TO OWNER" 72 Page 2 25889 Belle Porte Avenue Harbor City, California 90710 (310) 534-3543, Fax (310) 534-3176 www.bennett-landscape.com Date: A Subsidiary of Bennett Enterprises Inc.Contractors Lic. C27-479003 Estimate #: 1/20/2023 CityRHLI sab Qty Price Amount Notes Irrigation: Complete 1 year guarantee on new irrigation (2 years mfr. guarantee on materials) we install for parts and labor except due to vandalism, neglect and/or acts of God. Our design pressure is 70 psi, if conditions are different additional costs can accrue. Plantings include soil amendments/planting tablets Plants are subject to availability through wholesaler only, subject to substitution with city's approval. We remove any debris generated from our work. We are not responsible for damage due to hidden conditions. Especially underground installations All bills will be emailed unless otherwise requested. Excludes permits/approvals, bid effective 30 days, unit based quotation Progress payments are due upon completion of individual tasks. Unless stated otherwise at time of delivery, all goods are accepted in good condition and in the proper quantity and quality. Yes, I acknowledge the above scope of work. I have signed and dated this form giving permission to proceed. You may bill me accordingly. x__________________________________ Date:____________________ (Payment in full is due UPON completion of work unless otherwise arranged prior to start of work.) A Service fee of 1 ½%Pg Subtotal -$ percent per month shall be charged on all 30 days past due accounts. In the event this account becomes delinquent and it is necessary to institute legal proceedings, purchaser agrees to pay reasonable attorney's fees and court costs.Tax Total 6,786.00$ Description 73 Page 1 25889 Belle Porte Avenue Harbor City, California 90710 (310) 534-3543, Fax (310) 534-3176 www.bennett-landscape.com Date: A Subsidiary of Bennett Enterprises Inc.Contractors Lic. C27-479003 Estimate #: Billing:Job: Christian Horvath 310 377-1521 ext 103 chorvath@cityofrh.net 1 1 1 90 SxS 1" pvc 1 Slip fix 1 1/2" pvc Labor and Materials 499.00 Notes 10% fee for cancellation of a signed work order. All bills will be emailed unless otherwise requested. Excludes permits/approvals, bid effective 30 days, unit based quotation Progress payments are due upon completion of individual tasks. Unless stated otherwise at time of delivery, all goods are accepted in good condition and in the proper quantity and quality. Yes, I acknowledge the above scope of work. I have signed and dated this form giving permission to proceed. You may bill me accordingly. x__________________________________ Date:____________________ (Payment in full is due UPON completion of work unless otherwise arranged prior to start of work.) A Service fee of 1 ½%Pg Subtotal 499.00$ percent per month shall be charged on all 30 days past due accounts. In the event this account becomes delinquent and it is necessary to institute legal proceedings, purchaser agrees to pay reasonable attorney's fees and court costs.Tax Total 499.00$ LICENSING: Contractor is duly licensed under the law and statues of the State of California. Contractors are required by law to be licensed and regulated by the Contractor's License Board. Any questions concerning a contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 2600, Sacramento, California 95826 (800) 233-2562 Under the law you may protect yourself against such claims by filling before commencing such work of improvement, an original contract for the work of improvement or a modifica- Under the Mechanics Lien Law, any contractor, subcontractor, laborer, material or other tion thereof, in the office of the county recorder of the county where the property is situated Person who helps to improve your property and is not paid for his labor, services or material,and requiring that a contractor's payment bond be recorded in such office. Said bond shall has a right to enforce his claim against your property. This means that, after a court hearing,an amount not less than fifty percent (50%) of the contract price and shall, in addition to any your property could be sold by a court officer and the proceeds of the sale used to satisfy be in conditions for the performance of the contract, be conditioned for the payment in full the indebtedness. This can happen even if you have paid your own contractor in full, if the of the claims of all persons furnishing labor, services, equipment or materials for the work subcontractor, laborer, or supplier remains unpaid.described in said contract. We remove any debris generated from our work. We are not responsible for damage due to hidden conditions. Especially underground installations Misc - primer, glue "NOTICE TO OWNER" (Section 7018, 7019 - Contractors License Law) TCC SxSxS 1 1/2" pvc Bushing SxS 1 1/2" x 1" pvc 1/23/2023 Christian Horvath Present CityRH IR1 sab-smt Certified Pesticide Applicator #30123 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 IRRIGATION - FIX LEAKING MAINLINE Fix Leaking Mainline Due to Not Having Operational Pressure Regulator. This Could Happen Again 74 Page 1 25889 Belle Porte Avenue Harbor City, California 90710 (310) 534-3543, Fax (310) 534-3176 www.bennett-landscape.com Date: A Subsidiary of Bennett Enterprises Inc.Contractors Lic. C27-479003 Estimate #: Billing:Job: Qty Price Amount Yes[ ] No[ ] Yes[ ] No[ ] (Payment in full is due UPON completion of work unless otherwise arranged prior to start of work.) A Service fee of 1 ½%Pg Subtotal -$ percent per month shall be charged on all 30 days past due accounts. In the event this account becomes delinquent and it is necessary to institute legal proceedings, purchaser agrees to pay reasonable attorney's fees and court costs.Tax Total -$ LICENSING: Contractor is duly licensed under the law and statues of the State of California. Contractors are required by law to be licensed and regulated by the Contractor's License Board. Any questions concerning a contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 2600, Sacramento, California 95826 (800) 233-2562 Under the law you may protect yourself against such claims by filling before commencing such work of improvement, an original contract for the work of improvement or a modifica- Under the Mechanics Lien Law, any contractor, subcontractor, laborer, material or other tion thereof, in the office of the county recorder of the county where the property is situated Person who helps to improve your property and is not paid for his labor, services or material,and requiring that a contractor's payment bond be recorded in such office. Said bond shall has a right to enforce his claim against your property. This means that, after a court hearing,an amount not less than fifty percent (50%) of the contract price and shall, in addition to any your property could be sold by a court officer and the proceeds of the sale used to satisfy be in conditions for the performance of the contract, be conditioned for the payment in full the indebtedness. This can happen even if you have paid your own contractor in full, if the of the claims of all persons furnishing labor, services, equipment or materials for the work subcontractor, laborer, or supplier remains unpaid.described in said contract. A visit can consist of any of the following: PLEASE CHOOSE ONE: $65 for CO2 Smoke No exceptions Minimum of 2 visits. - laying of gopher traps (maximum of 6 traps) - adding gopher traps - relocating the gopher traps 1/26/2023 CityRH Gophers sab Certified Pesticide Applicator #30123 Description Gopher Control City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (Section 7018, 7019 - Contractors License Law) ____________________________ _______________ "NOTICE TO OWNER" Acceptance Date - retrieving the gopher traps Christian Horvath 310 377-1521 ext 103 NOTES: No guarantees that a gopher will be caught Payment must be made regardless if a gopher is caught chorvath@cityofrh.net Each visit to the property concerning gophers is a $55 service charge. 75 Page 1 25889 Belle Porte Avenue Harbor City, California 90710 (310) 534-3543, Fax (310) 534-3176 www.bennett-landscape.com Date: A Subsidiary of Bennett Enterprises Inc.Contractors Lic. C27-479003 Estimate #: Billing:Revised 2/8/23 AL Job: Christian Horvath 310 377-1521 ext 103 chorvath@cityofrh.net 1st site meeting with City Manager or Designee 2nd meeting presentation Landscape Design 2,875.00 Notes After presentation revision if required will be provided Hourly rate thereafter $150.00 Yes, I acknowledge the above scope of work. I have signed and dated this form giving permission to proceed. You may bill me accordingly. x__________________________________ Date:____________________ (Payment in full is due UPON completion of work unless otherwise arranged prior to start of work.) A Service fee of 1 ½%Pg Subtotal 2,875.00$ percent per month shall be charged on all 30 days past due accounts. In the event this account becomes delinquent and it is necessary to institute legal proceedings, purchaser agrees to pay reasonable attorney's fees and court costs.Tax Total 2,875.00$ LICENSING: Contractor is duly licensed under the law and statues of the State of California. Contractors are required by law to be licensed and regulated by the Contractor's License Board. Any questions concerning a contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 2600, Sacramento, California 95826 (800) 233-2562 Under the law you may protect yourself against such claims by filling before commencing such work of improvement, an original contract for the work of improvement or a modifica- Under the Mechanics Lien Law, any contractor, subcontractor, laborer, material or other tion thereof, in the office of the county recorder of the county where the property is situated Person who helps to improve your property and is not paid for his labor, services or material,and requiring that a contractor's payment bond be recorded in such office. Said bond shall has a right to enforce his claim against your property. This means that, after a court hearing,an amount not less than fifty percent (50%) of the contract price and shall, in addition to any your property could be sold by a court officer and the proceeds of the sale used to satisfy be in conditions for the performance of the contract, be conditioned for the payment in full the indebtedness. This can happen even if you have paid your own contractor in full, if the of the claims of all persons furnishing labor, services, equipment or materials for the work subcontractor, laborer, or supplier remains unpaid.described in said contract. LANDSCAPE DESIGN SERVICES FOR CAMPUS AREA CITY HALL AND ROLLING HILLS COMMUNITY ASSOCIATION Master Planting plan call out, inventory, concept scaled from site plans provided Certified Pesticide Applicator #30123 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 1/26/2023 CityRHLDesign sab Emphasis on drought tolerant landscape plants Ric Dykzeul will be your consultant. (Section 7018, 7019 - Contractors License Law) Ric Dykzeul Emphasis on drought tolerant landscape plants "NOTICE TO OWNER" Excludes permits/approvals, bid effective 30 days, unit based quotation 76 Agenda Item No.: 8.I Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:VANESSA HEVENER, SENIOR MANAGEMENT ANALYST THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE A PRESENTATION OF THREE SELECTED LOCATIONS FOR THE OUTDOOR SIREN PROJECT TO PERFORM SOUND PROPAGATION ANALYSIS AND APPROVE AMENDED AGREEMENT WITH HQE IN THE AMOUNT OF $4,195 DATE:February 13, 2023 BACKGROUND: In Fiscal Years 2019-2020 and 2020-2021, the City Council provided funding for the Block Captain Program to investigate communication platforms in the event of complete power failure in the community. The Block Captains and City staff used funds to purchase two-way radios and when the handheld radio option proved to be ineffective, a Request for Proposal (RFP) was issued in February 2021 to solicit proposals on other communication systems. The City received one proposal from HQE Systems, Inc. (HQE). On April 26, 2021, Staff recommended that City Council engage the services of HQE. The City Council directed Councilmember Pieper to work with Staff to better understand the evolution of the communication project and the scope of the feasibility study. As directed, Staff met with Councilmember Pieper on four occasions: May 20, 2021, July 15, 2021, July 23, 2021 and August 12, 2021. Some of the meetings with Councilmember Pieper included the Lead Block Captains Arlene and Gene Honbo. Staff also worked with Project Manager Alan Palermo and HQE to provide technical information requested by Councilmember Pieper. The Lead Block Captains, along with members of the Block Captains were in support of a feasibility study. The City Council approved a Professional Services Agreement (PSA) with HQE to prepare a feasibility study that would identify the hardware, location of the hardware, software, system integration, and a detailed cost estimate to install a siren system for the community. At the January 10, 2022, City Council meeting Staff presented the final Feasibility Study and recommended to City Council to conduct a community survey to gauge interest for an outdoor siren system. In review of the Feasibility Study, the City Council requested information relating to the annual maintenance cost of the proposed outdoor siren system. The City Council also requested a street level map of Solution A and Solution B presented in the Feasibility Study. 77 On March 14, 2022, the City Council unanimously voted to amend the PSA with HQE allocating an additional not to exceed $3,500 to investigate potential co-location sites of the poles. On June 16, 2022, HQE Staff and Block Captain Leads Arlene and Gene Honbo conducted a site visit at the Main Gate, Crest Gate, Eastfield Gate and the Radar Station. In early July, HQE submitted the revised Feasibility Study that included two additional options: Solution C included the three gates and FAA Radar Station and Solution D included only the three gates. At the August 8, 2022, City Council meeting, Staff presented potential site locations and to consider Solution D. HQE representatives were present to answer questions from Council and members of the public. HQE informed City Council that they had completed the remaining tasks of the Feasibility Study at no cost to the City, a savings of $22,814 and invited the Council to observe a demonstration of the proposed system, if desired. City Council directed Staff to seek approval from the Rolling Hills Community Association to place the siren poles at the three gate locations. On September 1, 2022, Staff and Councilmember Mirsch attended a demonstration of the proposed outdoor siren system equipment at HQE headquarters. The demonstration included a tour of their facility where manufacturing of the equipment was conducted in-house and a demonstration simulated a test warning that would be sent out in case of an emergency. The equipment used consisted of a single 4' speaker mounted on a pole 25 feet above ground (for Rolling Hills, there would be 4-4' speakers mounted 50 feet above ground at each gate). The quality of the intelligible voice was clear and could be easily heard. The speakers could be adjusted to rotate a few degrees at a time through the use of a software application to ensure the best sound coverage. In our discussion with HQE, it was conveyed that they were recently awarded a contract with the City of Paradise to install 21 poles and are in the process of installing them. On September 1, 2022, Staff also attended the Rolling Hills Community Association (RHCA) Board meeting. Per Council direction, the City Manager asked that the RHCA Manager present to the Board of Directors the City's request to place the siren poles at the three gatehouse locations. During that meeting, the City's question was not presented as requested. As a result, the Board of Directors began asking questions with respect to public safety, an area outside the purview of the RHCA. The Board of Directors ultimately did not discuss the City's request to place siren poles at the three gates. Instead, the Board of Directors requested that the RHCA Manager meet with City Staff and that the RHCA Liaisons meet with the City Council Subcommittee to discuss why the Board of Directors were not informed of the project, if the project was warranted, and concerns relating to only having one proposer submit a proposal for the project. In addition, per Council direction, Staff reached out to the five homes adjacent to the three gates to inform them of the project. Two residences were in support, one was opposed, and the other two did not respond. At the September 12, 2022 City Council meeting, the City Council directed the Subcommittee members to follow up with their counterparts at RHCA. On September 15, 2022, Staff made a presentation at the Rolling Hills Community Association Board meeting requesting an approval to place the siren system at the three gates. The RHCA Board expressed concerns about the health of the guard attendants who would be exposed to high levels of sound emitting from the 78 sirens, interference with the operations of the guardhouses, and aesthetics and noise impacts on residents. The RHCA Board ultimately voted to not support the the City's request of placing the siren system at the gates. Following the RHCA Board meeting, Staff contacted HQE to seek additional information on noise levels that could be heard at the base of the poles. Based on HQE’s response, the speakers will emit up to 124 decibels 50’ above ground; however, at the base of the pole, the decibel is 90 or equivalent to a hairdryer. Included in the packet is additional information on sound prepared by HQE. At the September 26, 2022 City Council meeting, the City Council directed Staff to do the following: seek input from the First Responders on usage scenarios when the siren system is deployed for evacuation and non-evacuation purposes and system with voice capability vs siren only obtain information on easement requirements from the Rolling Hills Community Association Staff contacted Los Angeles County Fire Department Chief Bennett and Los Angeles County Sheriff's Department Captain Powers to seek their input on the proposed usage scenarios and whether siren only system or a system with siren tone and intelligible voice would be the preferred option. Based on feedback received from the First Responders, their preferred option is the combined siren tone and intelligible voice because it could provide information to residents that are comprehensible regardless of the scenario (e.g., shelter in Place or mandatory evacuation). Staff has also created a flow chart to activate the siren. In addition, on September 28, 2022, Staff submitted a letter to the RHCA requesting easement requirements for siting of poles at locations identified in Solution A and Solution B in easements held by RHCA with a response date of October 6, 2022. It is important to note that RHCA staff was present when pole locations were identified in Solution A and Solution B. At the October 6, 2022 RHCA Board meeting, the Board discussed the item and requested that the City follow these procedures: 1. Obtain permission from the owner of the property where the siren will be placed, 2. Submit a written request to the Board for a license(s) to use the Association easement for Board review and approval. The request should include: Site plan with the location of the pole and any ground mounted equipment indicated, Specifications of the height and size of the pole and any pole mounted equipment Site plans should include property and easement lines, edge of pavement and property address. If the license is approved by the Board, the City would be responsible for legal and recording fees incurred for the license agreement(s). RHCA would waive fees for excavation permits. Per Council direction, the pole locations are identified based on the "Outdoor Siren Location- Street Level" prepared by HQE: Solution A - Proposed Pole Locations 79 Siren A-1: On Blackwater Canyon Trail (behind 13 Portuguese Bend Rd) between Lower Blackwater Canyon Rd and Portuguese Bend Road Siren A-2: In front of 9 Upper Black Canyon Rd Siren A-3: In front of 57 Saddleback Rd Siren A-4: On Storm’s Ridge Trail/Buggy Whip Trail (near 4 Storm Hill Ln) Siren A-5: In the canyon behind 4 Possum Ridge Road Siren A-6: Near 4 Poppy Trail Siren A-7: In the canyon behind 1 Hackamore Rd Siren A-8: Near 74 Portuguese Bend Rd Siren A-9: On Crest Rd East (near 63 Crest Road East) Solution B- Proposed Pole Locations Siren B-1: On Pine Tree Lane (adjacent to 10 Pine Tree Ln) Siren B-2: Corner of Portuguese Bend Road and Fuld’s Furlong Trail Siren B-3: In the canyon on Crest Road East (east of 38 Crest Road East) Based on the discussion from the October 10, 2022 City Council meeting, Staff was directed to the do following: seek permission from CalWater to place 50' poles at their water facilities identify City properties where the poles could be placed On October 19, 2022, Staff held a virtual meeting with CalWater representatives to discuss whether there is a possibility of installing poles in their three water facilities. CalWater representatives were open to the discussion and asked that the City provide additional information such as the specification of poles to be installed, length of access needed at their facilities, and any electronic equipment placed on poles. The requested information will assist CalWater to determine if the proposed poles would interfere with their current operations and/or any future planned activities at their sites. It may take up to the end of this year or early next year for CalWater to decide if their sites are viable options to install the poles. HQE has been a generous partner with the City in providing additional information requested by Staff without receiving additional compensation. Given the new locations to investigate, it was necessary to obtain another proposal from HQE in order to conduct a site survey, perform a sound propagation analysis, provide systems option and cost to provide technical support to third-party entities. HQE submitted a proposal in the amount of $6,095 to evaluate up to four sites and correspond directly with CalWater on behalf of the City on technical matters. At the October 24, 2022 City Council meeting, the City Council directed staff to engage the services of HQE to provide technical support in conversations with CalWater for $1,900. To keep the community informed of the outdoor siren project, the City published a Special Blue Newsletter on October 27, 2022 identifying the proposed ten sites with the disclaimer that the final locations were not confirmed. On October 28, 2022, Staff, HQE, and CalWater representatives held a follow-up meeting to discuss the proposed locations, specification of poles to be installed, length of access needed at their facilities, and any electronic equipment placed on poles. During the meeting, CalWater eliminated the following facilities for consideration due to space constraints: CalWater Reservoir #12, 23 Portuguese Bend (Water Tank Trail/Black Water Cayon/Tallyhand Rd), 80 CalWater on Sunnyridge Rd in unincorporated LA County and tentatively allowed the possibility of installations of poles at the CalWater Reservoir #22 on Spur Lane and at 3960 Crest Road upon further review by various CalWater departments. On November 1, 2022, with assistance from HQE, Staff submitted the requested document to CalWater for their review. Staff anticipates to receive a response from CalWater in the next two weeks to determine if any follow-up steps are warranted. Subsequent to that meeting, the City published another Special Blue Newsletter on November 3, 2022, updating the residents of promising news in which CalWater had tentatively allowed two facilities as possible sites for the installation of siren poles. Following that publication, Mr. Frederick Lorig submitted an email on November 7, 2022 to Staff and the City Council to express his concerns. At the November 14, 2022 City Council meeting, the City Council directed Staff to eliminate the CalWater facility on Spur Lane and look into two other locations: Fire Station 56 and Rancho del Mar High School, located at 12 and 38 Crest Road West. On December 5, 2022, Staff, HQE and representatives from CalWater, Los Angeles County Fire Department, and Palos Verdes Peninsula Unified School District conducted separate consultation visits at the three proposed sites to assess the properties and answer questions from the respective agencies. All three agencies were in support of having the poles placed at their properties and were open to assisting the City with its outdoor siren project. At the December 13, 2022 City Council meeting, the City Council directed Staff to send out a Blue Newsletter with one side using a simplified map with the eight proposed locations and the other side with photos depicting the siren system. In addition, the Blue Newsletter should also indicate that the City Council is soliciting feedback and that this item will continue in January. On December 22, 2022, Staff mailed the Special edition of the Blue Newsletter based on the City Council's direction. At the time of writing, the City received seven comments (attached). Due to the holiday season and to provide ample opportunity to comment on the outdoor siren project, an identical Special Blue Newsletter will be mailed on January 9, 2023 to solicit additional feedback from the community. Staff will present comments received at the January 23, 2023 City Council meeting for consideration of next steps. At the January 23, 2023 City Council meeting, Staff provided an update that the City received a total of 21 written comments from 49 residents (i.e., one letter had 32 signatures). The majority of the written comments received (or 76% of the residents) were in support of the siren system, while five residents expressed the need for better cell phone reception. In addition, two Council members provided a summary of their conversations with the Town of Paradise and the Cities of Mill Valley and Laguna Beach on each of the Cities' experience on their existing siren system. DISCUSSION: At the January 23, 2023 City Council, the City Council directed Staff to narrow the potential siren pole locations from eight to up to four locations. HQE identified three recommended locations: 81 City Hall; Fire Station 106 (12 Crest Road West) and; CalWater Facility (3960 Crest Road) Staff is recommending the approval of the additional work outlined in the attached HQE proposal in the amount of $4,195 to perform a sound propagation analysis and provide system option for the three locations. FISCAL IMPACT: There is sufficient funding in FY 2022-2023 Capital Improvement Project (CIP). RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230213_HQE_Amendment03.pdf CL_AGN_230213_CC_HQE_ScopeOfWork2_221020.pdf CL_AGN_230213_CC_3 Potential Sirens Locations.pdf CL_AGN_230213_Item8I_CMDieringer_Submittal.pdf 82 65277.00001\41009339.1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (“Third Amendment”) is made and entered into this __ day of February, 2023, by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and HQE Systems, Inc., a California corporation with its principal office at 42075 Remington Avenue, Suite #109, Temecula, California 92590 (hereinafter the “CONSULTANT”). CITY and CONSULTANT are sometimes referred to in this First Amendment individually as a “Party” and collectively as the “Parties.” RECITALS A. CITY and CONSULTANT have entered into that certain Professional Services Agreement for Emergency Communications System services last executed on August 26, 2021 (the “Agreement”). B. CITY and CONSULTANT are parties to the Agreement that was amended by the First Amendment to the Agreement dated April 11, 2022 (“the First Amendment”) and the Second Amendment to the Agreement dated October 10, 2022 (“the Second Amendment”). The CONSULTANT rendered services under the Agreement, the First Amendment, and the Second Amendment and the CITY paid CONSULTANT for its services. C. The Parties now desire to amend the Agreement in order to provide for additional compensation to CONSULTANT for further sound propagation modeling which is already included in CONSULTANT’S scope of work. Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree the following terms, as set forth in this First Amendment. 1. Section 3 “Cost” of the Agreement is amended to read as follows: The CITY agrees to pay CONSULTANT for the Scope of Services attached to the Agreement as Exhibit A and incorporated therein by reference, a fixed fee of Three Thousand Two Hundred Eighty Dollars ($3,280). The CITY agrees to pay CONSULTANT for the Supplemental Services, a fixed fee of Three Thousand Five Hundred Dollars ($3,500). The CITY agrees to pay CONSULTANT for the Supplemental Services, a fixed fee of One Thousand Nine Hundred Dollars ($1,900). The CITY agrees to pay the CONSULTANT for the Supplemental Services, a fixed fee of Four Thousand One Hundred and Ninety-Five Dollars ($4,195). These amounts include the cost for the services and all expenses, travel and mileage, attendance at meetings, and reimbursable expenses. 4. Except as amended by this First Amendment, Second Amendment or Third Amendment all provisions of the Agreement shall remain in full force and effect. 83 65277.00001\41009339.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first written above. CITY OF ROLLING HILLS HQE SYSTEMS, INC. __________________________ __________________________ ELAINE JENG, City Manager HENRY HERNANDEZ, Chief Operating Officer ATTEST: __________________________ CITY CLERK APPROVED AS TO FORM: __________________________ PATRICK DONEGAN CITY ATTORNEY 84 AmountUnit PriceQuantityDescriptionItem Type Services $4,195.001.00 $4,195.00 Estimate Total Notes Prices are firm until expiration date above unless shown otherwise. Upon acceptance, prices are firm for 30 days. This quotation is expressly subject to acceptance by Buyer of all Terms stated in the attached Terms document, and any exception to or modification of such Terms shall not be binding on Seller unless expressly accepted in writing by an authorized agent or Officer of Seller. Any order submitted to Seller on the basis set forth above, in whole or in part, shall constitute an acceptance by Buyer of the Terms. Any such order shall be subject to acceptance by Seller in its discretion. If the total price for the items set forth above exceeds $50,000 then this quotation IS ONLY VALID if countersigned below by a representative of HQE Systems, Inc.. Installation is not included unless specifically quoted as a line item above. See attached Terms sheet. Payment Terms: Prior to Shipment Quote Approved by: __________________________ Date: _______________ Subject Estimate From HQE Systems, Inc. 27419 Via Industria Temecula, CA 92590 1 (800) 967-3036 Estimate For City of Rolling Hills, CA Estimate Id RHCA - 4231 Issue Date 10/12/2022 City of Rolling Hills - Feasibility Study Page 1 of 1 1.00 $1,900.00 $1,900.00 $6,095.00 Feasibility Study Outdoor Mass Notification systems to include a site survey (up to 4 sites), Sound Propagation Analysis of the sites (up to 4 sites), and Proposed Systems Option (up to 4 sites) Coordination and technical support with any 3rd party organizations. Up to 20 hours. 85 86 16262 W. Bernardo Drive San Diego, CA 92127 www.genasys.com Preliminary Proposal City of Rolling Hills Genasys Early Warning Mass Notification System Bea Dieringer Council Member (310) 714-3203 BDieringer@cityofrh.net Issued By: Genasys Inc 16262 West Bernardo Dr. San Diego, CA 92127 2/13/23 By: Michael Shanks 87 Proposal 1 | P a g e Proprietary Table of Contents 1.0 Introduction .................................................................................................................................. 2 2.0 Background Information ..................................................................................................................... 2 3.0 Scope of Work ................................................................................................................................... 3 3.1 List of Equipment to be Provided .................................................................................................... 3 3.2 Installation of Outdoor Speakers ..................................................................................................... 4 3.4 Exclusions from Scope of Work ...................................................................................................... 4 3.5 Special Notes ................................................................................................................................. 4 3.6 Testing, commissioning and training ............................................................................................... 4 3.7 Scheduling ..................................................................................................................................... 5 3.8 Warranty ........................................................................................................................................ 5 3.9 Service and support ....................................................................................................................... 5 4.0 Points of Contact – Genasys Inc ........................................................................................................ 6 5.0 Price proposal.................................................................................................................................... 7 88 Proposal 2 | P a g e Proprietary 1.0 INTRODUCTION This statement of work covers the delivery, installation, and commissioning of the outdoor warning system for the city of Rolling Hills, CA, mass notification system. The unmatched range and vocal intelligibility of this state-of -the-art acoustic system ensures warnings, alerts, and notifications are clearly heard and understood over large areas. Genasys is the only unified multi-channel delivery solution with built-in redundancy. 2.0 BACKGROUND INFORMATION This project is to implement voice alert and warning systems due to increasing hazards in the city integrated with Zonehaven with additional capabilities for activation or scalability in Los Angeles County. The new Genasys multi-channel unified systems sound siren tones, and more importantly, broadcast audible voice messages with exceptional clarity to deliver alerts, warnings, notifications, and critical information during emergencies. Genasys Inc., the Critical Communications Company, offers an integrated holistic solution comprised of Genasys Emergency Management (GEM), our interactive, cloud-based, user-friendly software that provides command and control of the Genasys outdoor voice speaker arrays. GEM is the backbone of our solution that provides a multi-channel communication link to simultaneously activate and operate the Genasys outdoor speaker arrays with our Mobile App. Genasys Outdoor Speaker Arrays feature exceptional voice broadcast clarity and mass notification area coverage for parking lots, gathering places, walkways, and recreational areas. The system’s siren tones can be customized to command attention to voice messages that contain critical information and instructions on what students, staff, and faculty need to do to stay safe during an emergency. Genasys Key Factors • Genasys can link to the County of Los Angeles Zonehaven software. • Genasys systems feature industry-leading outdoor mass notification speech intelligibility • Multi-Channel communication via GEM software • Mobile app activation • Redundancy - Featuring Satellite/Cellular/IP connectivity and Solar power/battery backup, Genasys systems continue to operate when existing power and communications infrastructure goes fail. 89 Proposal 3 | P a g e Proprietary 3.0 SCOPE OF WORK The outdoor Speakers will include solar power and an AC charging system located on rooftops. The outdoor speakers will be connected to a highly reliable low-latency satellite network to provide a robust, high availability command and control connection. The system can be activated in emergency situations by authorized stakeholders from a computer, mobile phone, or from the system cabinet. Proposed Site Locations 1. Cal Water Site – 3960 Crest RD 2. County Fire Station 53 3. Rolling Hill City Hall The GEM software is cloud based and can be activated from a smart phone or computer. • Computer activation • Mobile phone activation • Capable to integrate and cross-post to social media: Facebook, Twitter, RSS feed • Speaker activation, all or by zone • Capable to link with existing Statewide early warning systems • Automatic Weather Alerts to key staff • Unlimited Quick Launch Templates 3.1 LIST OF EQUIPMENT TO BE PROVIDED All listed equipment will be delivered by Genasys. • Outdoor Equipment • Speaker Array • Control Cabinet with built-in MP3 Player, Solar and AC charging system, battery backup. • IP, Satellite and GSM for redundant activation • Solar Panel • Mounting equipment for Roof installation • Speaker cables 90 Proposal 4 | P a g e Proprietary 3.2 INSTALLATION OF OUTDOOR SPEAKERS Installation at each Outdoor site consists of: • Installer to set pole. • Installer to attach Speakers and cabinet. • Pull power within 30ft from Speaker array (requires 120V, 30-amp circuit) • Install solar panel and satellite device. 3.4 EXCLUSIONS FROM SCOPE OF WORK Excluded from Scope of Work • Cutting, patching, and painting • Landscape repair, tree trimming or removal. • This proposal does not include PE Stamped engineered drawings or 3rd party approvals. • This is Not a Prevailing Wage project. 3.5 SPECIAL NOTES • Customer to provide a 100ft x 100ft staging area to deliver equipment and dress poles. • This proposal is based on all work being performed during regular business hours. • This proposal does not include inspection of work by a city or municipality. If permits and inspections will be required for work associated to this project, there will be an additional charge. • This proposal does not include engineered drawings and load calculations. If these items are required, there will be an additional charge. • Additional work, other than listed on proposal, is to be completed on a time and materials basis. Where appropriate, an additional proposal will be provided. 3.6 T ESTING , COMMISSIONING AND TRAINING On-site testing, commissioning, and training will be performed by a qualified Genasys technician. The technician will be on site to perform the following: • Test and record satellite signal strength and network connectivity • Test and record solar (if present) and AC battery charging system performance. • Test loudspeaker activation at each site using the local activation controls with approval from local authorities. • Setup and test of the PC system used for command and control. Record status for all systems • System deployment and operation training • System operation training for fixed systems with manual controls • Troubleshooting and maintenance training 91 Proposal 5 | P a g e Proprietary 3.7 SCHEDULING Payment Terms • Project requires 50% down payment with the balance due upon installation sign off or on completed or agreed upon portion of work. • Commissioning -Two phases – 1st phase during system installation, 2nd phase upon final completion. Invoiced separately. • Software billing is prepaid for 3 years and will start on the commissioning of the last unit. Above is a sample project schedule to be completed before contract finalization. Dates are subject to change and will be coordinated with the customer. Unforeseen circumstances including obtaining or delayed construction permits, inclement weather, or other issues may affect the installation schedule. 3.8 W ARRANTY * 1-year warranty is included as standard. The Warranty covers manufacturing and installation defects for a period of one year following system commissioning completion. Additional information is provided here: Terms & Conditions | Genasys Inc.. 3.9 S ERVICE AND SUPPORT * Service Level Agreement – SLA The Service Level Agreement is prepaid and active upon the commencement of the final commissioned site. • 24-7 Monitoring and call center for any trouble shooting. • Remote Training • Includes any software upgrade. • Annual cloud-based and service fees, including satellite, etc. • Satellite service activation and fees *Optional Annual Inspection Agreement – AIA The annual inspection includes a physical inspection of the system. Anything outside the standard warranty will be coordinated with the customer, which will include any prices/quotes and charges. This includes 1 full Preventative Maintenance Inspection per year. April Weeks Activity 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 8 15 22 29 6 13 20 27 1 W Contract Downpayment 1 W Site Verification 14-16 W Equipment Build 12-14 W Pole Build 14-16W Installation 1W Commissioning 1 W On Site Testing/Training Est 30W Total Project Project May June July August September October November December Timeline 92 Proposal 6 | P a g e Proprietary 4.0 POINTS OF CONTACT – GENASYS INC Chris Roller VP Bus Dev / Program Management Genasys Inc M: 858-472-6155 croller@genays.com Mike Shanks Director Business Development Genasys Inc M: 858-243-1614 mshanks@genasys.com Robert Locke Electrician RPL Electric M: 619-787-8382 rplocke3@aol.com David Van Loucks Application Engineer Genasys Inc. dvanloucks@genasys.com 93 Proposal 7 | P a g e Proprietary 5.0 PRICE PROPOSAL Proposal 1 –360 Degree Coverage Includes 360XL Speaker, Solar Panel, and Solar and AC Charging system. The Cabinet requires 120V 30Amp service and includes local MP3 Player, Charging system, amplifiers, and battery backup. The System would use the large 360XL speakers to provide excellent coverage. Cloud-Based Activation Software is compatible and scalable for the County or Town activation. The system can be remotely monitored and activated from the Cloud or a smart phone by authorized users. Price Proposal Phase 1 Design and site visits $1000 deposit Example of Sound propagation map we did last week. 94 Proposal 8 | P a g e Proprietary Phase 2 Pricing to be dependent on number of sites and equipment proposed. $300K – $1M. Examples: Selective sites in Southern Marin $800K, Phased system Laguna Beach $1M, Citywide system in Berkeley $2M Signature of Acceptance to Proceed: _______________________ Date: ___________________ 95 DS-60XL Enhanced 60° Horn Rugged, Modular Outdoor P.A. & Emergency Warning System DIRECTIONALITY, POWER & RANGE ›Greater broadcast area coverage ›Customizable mounting configurations allow for versatility ›Small size and 60° directional beam width ›Highly effective emergency warning and public address ›Superior intelligibility and broadcast area coverage ›Designed for efficiency and low power consumption FEATURES ›Rugged enclosure for permanent outdoor installation ›Stainless steel mount with elevation adjustment ›Available with 70 V or 100 V transformers for use with public address amplifiers (not included) MARKETS SERVED ›Commercial Security ›Homeland Security ›Emergency Warning ›Public Safety Mass Notification ›Wildlife Preservation & Control Powered by Genasys XL Driver Technology for More Area Coverage D00095 Rev. B 96 genasys.com SPECIFICATIONS SUBJECT TO CHANGE · ©2021 GENASYS INC. TEL: 858-676-1112 | +1 855 GENASYS | SALES@GENASYS.COM 16262 WEST BERNARDO DRIVE · SAN DIEGO, CA 92127 USAGenasys products are available for purchase through multiple channels including: GSA Advantage, Federal and State grants, FEMA RKB Standardized Equipment List (SEL), and others. More information: sales@genasys.com RUGGEDIZED ACOUSTIC HORN FOR WIDE AREA PUBLIC SAFETY & MASS NOTIFICATION The DS-60XL incorporates highly intelligible, focused sound in a small form factor to customize public safety and mass notification audio dispersion patterns and distribute voice communications more effectively and efficiently. Maximum Continuous Output (RMS) One Stack: 139 dBA SPL at 2 kHz Two Stack: 145 dBA SPL at 2 kHz Four Stack: 151 dBA SPL at 2 kHz Frequency Response 350 Hz - 7.0 kHz Beam Width 60 degrees at 1 kHz (-9 dB) Max Range (Ideal Conditions: 74 dB SPL) One Stack: 900 meters Two Stack: 1700 meters Four Stack: 3500 meters Operational Range (High Noise Conditions: 82 dB SPL) One Stack: 300-400 meters Two Stack: 600-800 meters Four Stack: 800-1400 meters ACOUSTIC PERFORMANCE DS-60XL Enhanced 60° Horn Rugged, Modular Outdoor P.A. & Emergency Warning System Genasys - The Critical Communications Company Genasys is a global provider of critical communications systems and solutions to help keep people safe. Genasys systems are in service in 72 countries and in more than 450 U.S. cities in diverse applications, including public safety, emergency warning, mass notification, critical event management, defense, law enforcement, homeland security and many more. For more information, visit genasys.com. ENVIRONMENTAL PERFORMANCE Cold/Hot Operating Temperature MIL-STD-810G, Method 501.5 & 502.5, Procedure II, -33° to 60° C (-27° to 140° F) Cold/Hot Storage Temperature MIL-STD-810G, Method 501.5 & 502.5, Procedure I, -40° to 70° C (-40° to 158° F) Operating Humidity MIL-STD-810G, Method 507.5, Procedure II, Aggravated Cycle Rain MIL-STD-810G, Method 506.5, Procedure I, Blowing Rain Salt Fog MIL-STD-810G, Method 509.5 Dimensions One Stack: 18.3” W x 10” H x 15.5” D (46.5 cm x 25.4 cm x 39.4 cm) Two Stack: 18.3” W x 20” H x 15.5” D (46.5 cm x 50.8 cm x 39.4 cm) Four Stack: 18.3” W x 40” H x 15.5” D (46.5 cm x 101.6 cm x 39.4 cm) Weight (with mount)One Stack: 19.6 lbs. (8.9 kg) Two Stack: 39.2 (17.8 kg) Four Stack: 78.4 (35.6 kg) Construction Injection Molded Plastic MECHANICAL SPECIFICATIONS D00095 Rev. B 97 98 99 100 101 102 103 104 Created the Acoustic Hailing Device (AHD) market with the introduction of the first LRAD systems Introduced the industry’s first voice- based multidirectional mass notification systems www.genasys.com Genasys acquisition is the catalyst in innovating advanced Critical Communications and Mobile Mass Notification software solutions AMIKA Mobile (now Genasys Communications Canada) acquisition provides robust Enterprise feature set Zonehaven acquisition addresses Evacuation Management challenges of towns, cities and regions before, during and after disasters and critical events A History of Critical Communication Innovations 2003 2012 About Genasys Genasys® is a global provider of critical communications systems and solutions that help protect and keep people safe. Genasys provides a multichannel approach to deliver geo-targeted alerts, notifications, instructions and information before, during and after public safety threats and critical business events. The Company’s unified critical communica- tions platform includes Genasys Emergency Management (GEM) software-as-a-service, Integrated Mass Notification Systems (IMNS), Zonehaven™ emergency evacuation resources, National Emergency Warning Systems (NEWS), LRAD® long-range voice broadcast systems, and more. Genasys systems are in service in more than 100 countries in a range of diverse applications, including public safety, emergency warning, mass notification, critical event management, defense, law enforcement, homeland security, and other applications.. For more information, visit genasys.com. 2018 2020 2021 105 ʺ˘ˡ˔˦ˬ˦ ˉˢ˜˖˘ʵ˥ˢ˔˗˖˔˦˧ʴ˥˥˔ˬ˦ ʼˡ˗˨˦˧˥ˬʠʿ˘˔˗˜ˡ˚ˉˢ˖˔˟ʶ˟˔˥˜˧ˬ ˔ˡ˗ʴ˥˘˔ʶˢ˩˘˥˔˚˘ ˇˀ ˅˘˟˜˔˕˟˘˔ˡ˗˅˘˦˜˟˜˘ˡ˧ ʺ˘ˡ˔˦ˬ˦˔˥˥˔ˬ˦˔˥˘˦˘˟˙ʠ˖ˢˡ˧˔˜ˡ˘˗ˢ˥˘˔˦˜˟ˬ ˜ˡ˧˘˚˥˔˧˘˗˪˜˧˛˘˫˜˦˧˜ˡ˚˖ˢˠˠ˨ˡ˜˖˔˧˜ˢˡ˦ ˜ˡ˙˥˔˦˧˥˨˖˧˨˥˘ʡˆ˔˧˘˟˟˜˧˘˖ˢˡˡ˘˖˧˜˩˜˧ˬʟ˦ˢ˟˔˥ˣˢ˪˘˥˔ˡ˗ ˕˔˧˧˘˥ˬ˕˔˖˞˨ˣ˘ˡ˔˕˟˘ʺ˘ˡ˔˦ˬ˦˦ˬ˦˧˘ˠ˦˧ˢ ˖ˢˡ˧˜ˡ˨˘ˢˣ˘˥˔˧˜ˡ˚˪˛˘ˡ˧˘˟˘˖ˢˠ˔ˡ˗ˣˢ˪˘˥˚˥˜˗˦ ˚ˢ˗ˢ˪ˡʡ ʹ˥ˢˠˣˢ˥˧˔˕˟˘˦ˬ˦˧˘ˠ˦˧ˢ˟˔˥˚˘˥˔˥˥˔ˬ˦˧˘ˠˣˢ˥˔˥˜˟ˬ ˢ˥ˣ˘˥ˠ˔ˡ˘ˡ˧˟ˬˠˢ˨ˡ˧˘˗ˢˡˣˢ˟˘˦ʟ˕˨˜˟˗˜ˡ˚˦ˢ˥ ˧˥˔˜˟˘˥˦ʟʺ˘ˡ˔˦ˬ˦˩ˢ˜˖˘˕˥ˢ˔˗˖˔˦˧˔˥˥˔ˬ˦˔˥˘˛˜˚˛˟ˬ ˘˙˙˘˖˧˜˩˘˜ˡ˖ˢˠˠ˨ˡ˜˖˔˧˜ˡ˚˟˜˙˘˦˔˩˜ˡ˚˜ˡ˙ˢ˥ˠ˔˧˜ˢˡ ˕˘˙ˢ˥˘ʟ˗˨˥˜ˡ˚˔ˡ˗˔˙˧˘˥˗˜˦˔˦˧˘˥˦˔ˡ˗ˢ˧˛˘˥˖˥˜˦˘˦ʡ ˻ʥʣʥʣʺ˘ˡ˔˦ˬ˦ʼˡ˖ʡϥ ʹˢ˥ ˠˢ˥˘ ˜ˡ˙ˢʭ˜ˡ˙ˢʳ˚˘ˡ˔˦ˬ˦ʡ˖ˢˠ ˅˘˩ˢ˟˨˧˜ˢˡ˔˥ˬ˃˨˕˟˜˖ˆ˔˙˘˧ˬ ˀ˔˦˦ˁˢ˧˜˙˜˖˔˧˜ˢˡ ʺ˘ˡ˔˦ˬ˦˩ˢ˜˖˘˕˥ˢ˔˗˖˔˦˧˔˥˥˔ˬ˦˘ˡ˦˨˥˘ ˘ˠ˘˥˚˘ˡ˖ˬ˪˔˥ˡ˜ˡ˚˦˔ˡ˗˚˘ˡ˘˥˔˟˔ˡˡˢ˨ˡ˖˘ˠ˘ˡ˧˦ ˔˥˘˖˟˘˔˥˟ˬ˛˘˔˥˗˔ˡ˗˨ˡ˗˘˥˦˧ˢˢ˗˧˛˥ˢ˨˚˛ˢ˨˧ ˖ˢ˩˘˥˔˚˘˔˥˘˔˦ʡʵˬ˖ˢˠˠ˨ˡ˜˖˔˧˜ˡ˚˘ˠ˘˥˚˘ˡ˖ˬ ˡˢ˧˜˙˜˖˔˧˜ˢˡ˦˧˛˔˧˔˥˘˖˟˘˔˥˟ˬ˛˘˔˥˗˔ˡ˗˨ˡ˗˘˥˦˧ˢˢ˗ ˔˕ˢ˩˘˪˜ˡ˗ʟ˧˥˔˙˙˜˖˔ˡ˗˕˔˖˞˚˥ˢ˨ˡ˗ˡˢ˜˦˘ʟʺ˘ˡ˔˦ˬ˦ ˔˥˥˔ˬ˦˛˘˟ˣ˞˘˘ˣˣ˘ˢˣ˟˘˦˔˙˘ʡ ʴ˗˩˔ˡ˖˘˗ˇ˘˖˛ˡˢ˟ˢ˚ˬ ʺ˘ˡ˔˦ˬ˦˔˥˥˔ˬ˦˙˘˔˧˨˥˘˔˗˩˔ˡ˖˘˗˗˥˜˩˘˥˔ˡ˗ ˪˔˩˘˚˨˜˗˘˧˘˖˛ˡˢ˟ˢ˚ˬ˧˛˔˧˗˘˟˜˩˘˥˦˩ˢ˜˖˘ ˕˥ˢ˔˗˖˔˦˧˦˪˜˧˛˨ˡ˜˙ˢ˥ˠ˔˥˘˔˖ˢ˩˘˥˔˚˘˜ˡʩʣ̂ʠ ʦʩʣ̂˦ˢ˨ˡ˗˗˜˦ˣ˘˥˦˜ˢˡˣ˔˧˧˘˥ˡ˦ʡ ʵˬˠ˔˜ˡ˧˔˜ˡ˜ˡ˚˔˦ˠˢˢ˧˛˙˥˘ˤ˨˘ˡ˖ˬ˥˘˦ˣˢˡ˦˘˪˜˧˛ ˔ˡ˜ˡ˧˘ˡ˦˜˧ˬ˩˔˥˜˔˧˜ˢˡˢ˙˟˘˦˦˧˛˔ˡʨ˗ʵʟʺ˘ˡ˔˦ˬ˦ ˛˔˦ˢ˩˘˥˖ˢˠ˘˧˛˘˟˜ˠ˜˧˔˧˜ˢˡ˦ˢ˙˟˘˚˔˖ˬ˦ˬ˦˧˘ˠ˦ ˕ˬˣ˥˘˩˘ˡ˧˜ˡ˚˔˨˗˜ˢ˙˔˗˜ˡ˚˔ˡ˗ˣ˥ˢ˗˨˖˜ˡ˚˖˟˘˔˥ʟ ˨ˡ˔ˠ˕˜˚˨ˢ˨˦˖ˢˠˠ˨ˡ˜˖˔˧˜ˢˡ˔˖˥ˢ˦˦˔˟˟ ˕˥ˢ˔˗˖˔˦˧˙˥˘ˤ˨˘ˡ˖˜˘˦ʡ ˅˘ˠˢ˧˘˟ˬˠˢˡ˜˧ˢ˥˘˗˔ˡ˗˔˖˧˜˩˔˧˘˗˕ˬˇʶ˃ʢʼ˃ʟ˙˜˕˘˥ʟ ˦˔˧˘˟˟˜˧˘ʟˊ˜ʠʹ˜ʟ˗˜˚˜˧˔˟ˢ˥˥˔˗˜ˢʟʸ˧˛˘˥ˡ˘˧ˢ˥˛˔˥˗˪˜˥˘ʟ ʺ˘ˡ˔˦ˬ˦˦ˬ˦˧˘ˠ˦˔˥˘˧˛˘ˠˢ˦˧˙˟˘˫˜˕˟˘˔ˡ˗˘˔˦˜˟ˬ ˖ˢˡ˙˜˚˨˥˘˗˩ˢ˜˖˘˔˥˥˔ˬ˦˔˩˔˜˟˔˕˟˘ʡ ˆ˨ˣ˘˥˜ˢ˥ˉˢ˜˖˘ʼˡ˧˘˟˟˜˚˜˕˜˟˜˧ˬ ʵ˔˦˘˗ˢˡʹ˘˗˘˥˔˟ʸˠ˘˥˚˘ˡ˖ˬˀ˔ˡ˔˚˘ˠ˘ˡ˧ ʴ˚˘ˡ˖ˬʛʹʸˀʴʜ˔ˡ˗ˈʡˆʡˀ˜˟˜˧˔˥ˬˈˡ˜˧˘˗ʹ˔˖˜˟˜˧˜˘˦ ʶ˥˜˧˘˥˜˔ʛˈʹʶʜ˚˨˜˗˘˟˜ˡ˘˦ʟ˧˛˘˦˧˔ˡ˗˔˥˗˥˔ˡ˚˘˙ˢ˥ ˛˜˚˛ʠˣˢ˪˘˥˘˗˦ˣ˘˔˞˘˥˔˥˥˔ˬʛʻ˃ˆʴʜ˦ˬ˦˧˘ˠ˦˜˦ʣʡʨʠ ʣʡʪ˦ˣ˘˘˖˛˧˥˔ˡ˦ˠ˜˦˦˜ˢˡ˜ˡ˗˘˫ʛˆˇʼʜˠ˘˔˦˨˥˘ˠ˘ˡ˧ʡ ʺ˘ˡ˔˦ˬ˦˩ˢ˜˖˘˕˥ˢ˔˗˖˔˦˧˔˥˥˔ˬ˦˙˘˔˧˨˥˘˧˛˘ ˛˜˚˛˘˦˧ˆˇʼ˥˔˧˜ˡ˚˜ˡ˧˛˘ˠ˔˦˦ˡˢ˧˜˙˜˖˔˧˜ˢˡ˜ˡ˗˨˦˧˥ˬ ˔˧ʣʡʬʨʟ˦˨˕˦˧˔ˡ˧˜˔˟˟ˬ˘˫˖˘˘˗˜ˡ˚˔˟˟ʹʸˀʴ˔ˡ˗ˈʹʶ ˩ˢ˜˖˘˜ˡ˧˘˟˟˜˚˜˕˜˟˜˧ˬ˥˘ˤ˨˜˥˘ˠ˘ˡ˧˦ʡ 106 LRAD® 360XL ONE VOICE™ for Mass Notification & Public Address DIRECTIONALITY, POWER & RANGE ›360° uniform sound coverage ›Powerful, highly intelligible voice communications up to 5.3 sq. km. ›Clearly communicate lifesaving information over large areas FEATURES ›Fully ruggedized, space saving 1RU amplifier modules ›Low power consumption for extended power outages ›Industry leading voice clarity and intelligibility MARKETS SERVED ›Mass Notification ›Emergency Warning ›Public Address ›Law Enforcement ›Defense ›Homeland Security 1 RU Amplifier Remote control interface to power each amplifier on and off, read fault status and control volume. LRAD 360XL amplifiers power up and are fully operational in less than 1 second to preserve UPS batteries during power failures. Cables 70ft, cable assembly - amplifier to head unit, 18AWG LRAD 360X Mobile Trailer Dual axle trailer with telescoping/folding mast (30ft / 9.14m max height) and rechargeable battery bank for 8 hours of continuous operation Rooftop Mount 38in (96.5cm) rooftop mount ORDERING INFORMATION INCLUDED ACCESSORIES OPTIONAL ACCESSORIES LRAD-360XL-1ST-SYS LRAD 360XL omnidirectional, long range warning and communications system, 1 emitter with expanded control cabinet LRAD-360XL-2ST-SYS LRAD 360XL omnidirectional, long range warning and communications system, 2 emitters with expanded control cabinet 1 RU AMPLIFIER LRAD 360XL MORE BROADCAST RANGE – SMALLER, LIGHTER SYSTEMS 107 LRAD.com SPECIFICATIONS SUBJECT TO CHANGE · ©2017 LRAD CORPORATION TEL: 858-676-1112 | FAX: 858-676-1120 | SALES@LRAD.COM 16990 GOLDENTOP ROAD, SUITE A · SAN DIEGO, CA 92127 USALRAD products are available for purchase through multiple channels including: GSA Advantage, Federal and State grants, FEMA RKB Standardized Equipment List (SEL), and others. More information: info@LRAD.com. LRAD® 360XL ONE VOICE™ for Mass Notification & Public Address SUPERIOR PERFORMANCE FOR HIGHLY INTELLIGIBLE EMERGENCY WARNING & PUBLIC ADDRESS Featuring LRAD’s next-generation XL driver technology, the LRAD 360XL delivers unmatched, highly intelligible voice and warning siren broadcasts with uniform 360° coverage. The LRAD 360XL broadcasts uninter- rupted audio communications over a 1.3km radius. LRAD 360XL 2 emitter systems produce up to 141dB at one meter. Mounted on buildings and/or stand- alone poles with an integrated, fully self-contained, ruggedized trailer option, the 360XL is built to withstand up to 200 mph winds, is field upgradeable for added area coverage, and features flexible power options including battery, generator and solar. Each 360XL 2RU amplifier module drives two emitters. An optional TCP/IP network control interface is available for remote activation and control of multiple installations. Standby Power Consumption 0W Amplifier Input Power 20-32VDC EMC FCC Class A Radiated Emissions, CE ELECTRICAL SPECIFICATIONS 170627 Maximum SPL @ 1 Meter 135 dBA 141 dBA 70 DB Coverage Radius 700 m 1000 m Acoustic Array Dimensions Dia = 34 in / 86.3 cm H = 27.7 in / 69 cm Dia = 34 in / 86.3 cm H = 40.2 in / 99.6 cm Acoustic Array Weight 125 lb / 49.9 kg 190 lb / 72.6 kg Acoustic Array Effective Projected Area (EPA) 710 sq. in. .458 sq. m 1025 sq. in. .661 sq. m Acoustic Array Conduit Inlet* (US Threads)3/4” NPT 3/4” NPT Acoustic Array Conduit Inlet* (English Threads)G-3/4” BSPP G-3/4” BSPP Amplifier Power Consumption (MAX/TYP)790 W / 360 W 1580 W / 720 W Amplifier Dimensions Two 1RU amplifiers: D=14.5in W=19in H=3.45 (2RU) Four 1RU amplifiers: D=14.5in W=19in H=6.9in (4RU) Amplifier Weight 14.8 lbs (32.62 kg) (2 x 7.4 lbs) 29.6 lbs (13.4 kg) (4 x 7.4 lbs) Required Airflow 32cfm 64cfm Thermal Load 150W at max output power of 640W (81% efficiency) 300W at max output power of 1280W (81% efficiency) Inrush Current <40A <80A PERFORMANCE SPECIFICATIONS ONE EMITTER TWO EMITTER Temperature -40°C to +60°C Construction Composite, Aluminum, Galvanized Structural Steel Hazardous Substances RoHS Compliant Amplifier Interfaces Hard power on/off switch, Resettable pushbutton 40A circuit breaker, One XLR balanced audio input (0.775 VRMS, 2.0kOhm load), One RCA single ended audio input (0.775 VRMS, 1.0kOhm load), One RCA single ended audio out pass through for daisy-chaining multiple amplifiers, Power LED, green, Master volume control rotating knob with 300° rotation, 8-pin speaker out Phoenix screw connector, 12 AWG to 24 AWG, Two 10-32 studs for DC power input, 10-pin Remote Control Interface Phoenix screw connector, 16 AWG to 28 AWG Remote Control Interface Functions Remote power on/off, Two bit remote volume control, Latching fault, Fault reset PHYSICAL SPECIFICATIONS INTERFACE 108 Agenda Item No.: 12.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER AND APPROVE THE UPDATED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2023 DATE:February 13, 2023 BACKGROUND: In 2022, the City Council reorganized in December. Previously, the City Council reorganized annually in March. Going forward, the City Council will continue to reorganize annually in December. Following re-organization, the mayor reviews the committee assignments and presents a proposal to the City Council for consideration. DISCUSSION: The current committee assignments, approved the City Council in May 2022 are attached to this report. Mayor Pat Wilson's proposed committee assignments for 2023 are also attached to this report. Committee assignment changes are summarized as follows: The Santa Monica Bay Restoration Commission (SMBRC) Watershed Advisory Council no longer exists per the SMBRC Chief Administrative Director. The proposed designated representative to the South Bay Cities Council of Government (SBCCOG) is Mayor Wilson. The alternate representative to the Los Angeles County Sanitation District No. 5 is Councilmember Bea Dieringer. The alternate representative to the Peninsula Cities Mayors' Committee is Mayor Pro Tem Leah Mirsch. The alternate representative to the Los Angeles County City Selection Committee is Mayor Pro Tem Mirsch. The alternate representative to the Southern California Association of Government (SCAG) is Councilmember Dieringer. The members of the Personnel Committee is Mayor Pro Tem Mirsch, and Councilmember Dieringer. The Emergency Services/Disaster Preparedness Committee is proposed to be 109 dissolved. The Fire Fuel Reduction Committee is proposed to be dissolved. The Housing Ad Hoc Subcommittee is proposed to be dissolved. The Fire Fuel Reduction Ad Hoc Committee is proposed to pursue data collection and fire fuel mitigation in the community. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Consider the updated City Council committee assignments and approve the assignments as presented. ATTACHMENTS: CC_ASM_230213_CommitteeAssignments_PW.pdf CC_ASM_220509_2022.pdf 110 CITY OF ROLLING HILLS CITY COUNCIL COMMITTEE ASSIGNMENTS 2023 D = Delegate A = Alternate X = Representative P:\CityCouncil_Mayor(CC)\Assignments(ASM)\CC_ASM_230213_CommitteeAssignments_PW .xlsx February 13, 2023 1.OFFICIAL COMMITTEES/BOARDS COMMITTEE LIAISON BLACK DIERINGER MIRSCH PIEPER WILSON a.CALIFORNIA CONTRACT CITIES ASSOCIATION D A b.LEAGUE OF CA CITIES D A c.SOUTH BAY CITIES COUNCIL OF GOVERNMENTS D d.LA SANITATION DISTRICT NO. 5 A D e.VECTOR CONTROL DISTRICT f.SMBRC - WATERSHED ADVISORY COUNCIL (RALPH SCHMOLLER-D)No Longer exists - Proposed to dissolve g.PEN. REG. LAW ENFORCEMENT COM./PUBLIC SAFETY D D h.PENINSULA CITIES MAYORS' COMMITTEE A D i.LOS ANGELES COUNTY CITY SELECTION COMMITTEE A D j.SOUTHERN CALIFORNIA ASSOC. OF GOVERNMENTS (SCAG)A D 2.CITY COUNCIL COMMITTEES (STANDING) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WILSON a.PERSONNEL X X b.FINANCE/BUDGET/AUDIT X X c.PLANNING COMMISSION LIAISON X d.EMERGENCY SERVICES/DISASTER PREPAREDNESS X X Proposed to dissolve e.TENNIS CLUB LIAISON X f.CABALLEROS LIAISON X g.INSURANCE COMMITTEE (CJPIA)D A h.WOMEN'S COMMUNITY CLUB LIAISON X i.TRAFFIC COMMISSION REPRESENTATIVE X j.SOLID WASTE/RECYCLING X X k.CITY/ASSOCIATION LIAISON X l.UNDERGROUND UTILITY X X j.FIRE FUEL REDUCTION X Proposed to dissolve 3.AD HOC SUBCOMMITTEES (FYI ONLY) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WILSON a.HOUSING AD HOC SUBCOMMITTEE X X Proposed to dissolve b.DRAINAGE AD HOC SUBCOMMITTEE X X c.FIRE FUEL REDUCTION AD HOC COMMITTEE X X Proposed to add regarding data collection on FF Mitigation in Community 111 CITY OF ROLLING HILLS CITY COUNCIL COMMITTEE ASSIGNMENTS 2022 D = Delegate A = Alternate X = Representative P:\CityCouncil_Mayor(CC)\Assignments(ASM)\CC_ASM_220509_22-23.xlsx May 9, 2022 1.OFFICIAL COMMITTEES/BOARDS COMMITTEE LIAISON BLACK DIERINGER MIRSCH PIEPER WI LSON a.CALIFORNIA CONTRACT CITIES ASSOCIATION D A b.LEAGUE OF CA CITIES D A c.SOUTH BAY CITIES COUNCIL OF GOVERNMENTS D d.LA SANITATION DISTRICT NO. 5 A D e.VECTOR CONTROL DISTRICT f.SMBRC - WATERSHED ADVISORY COUNCIL (RALPH SCHMOLLER-D) g.PEN. REG. LAW ENFORCEMENT COM./PUBLIC SAFETY D D h.PENINSULA CITIES MAYORS' COMMITTEE A D i.LOS ANGELES COUNTY CITY SELECTION COMMITTEE A D j.SOUTHERN CALIFORNIA ASSOC. OF GOVERNMENTS (SCAG)A D 2.CITY COUNCIL COMMITTEES (STANDING) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WI LSON a.PERSONNEL X X b.FINANCE/BUDGET/AUDIT X X c.PLANNING COMMISSION LIAISON X d.EMERGENCY SERVICES/DISASTER PREPAREDNESS X X e.TENNIS CLUB LIAISON X f.CABALLEROS LIAISON X g.INSURANCE COMMITTEE (CJPIA)D A h.WOMEN'S COMMUNITY CLUB LIAISON X i.TRAFFIC COMMISSION REPRESENTATIVE X j.SOLID WASTE/RECYCLING X X k.CITY/ASSOCIATION LIAISON X l.UNDERGROUND UTILITY X X j.FIRE FUEL REDUCTION X X 3.AD H OC SUBCOMMITTEES (FYI ONLY) COMMITTEE BLACK DIERINGER MIRSCH PIEPER WI LSON a.HOUSING AD HOC SUBCOMMITTEE X X b.DRAINAGE AD HOC SUBCOMMITTEE X X 112 Agenda Item No.: 12.B Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ACCEPT BID PROPOSAL FROM EC CONSTRUCTION FOR EMERGENCY STORM DRAIN REPAIR AT 1 MIDDLERIDGE LANE SOUTH; ADOPT BY RESOLUTION NO. 1327 APPROVING THE EMERGENCY WORK; ADOPT BY RESOLUTION NO. 1328 AUTHORIZING A BUDGET MODIFICATION OF $38,640; DIRECT THE CITY ATTORNEY TO FINALIZE A CONSTRUCTION CONTRACT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE; RECEIVE AND FILE ENGINEERING DESIGN PROPOSAL FROM ONWARD ENGINEERING DATE:February 13, 2023 BACKGROUND: The December 2021 rain storms caused three sinkholes on Middleridge Lane, North and South. Working with the Los Angeles County Department of Public Works to address the sinkholes, the department found a 1972 signed agreement between the Los Angeles County Flood Control District and Rolling Hills noting that the City is responsible for the maintenance of a storm drain line along Middleridge Lane North and South. The sinkholes, located adjacent to the roadway on Middleridge Lane South were caused by breaks in the subject storm drain line as with the sinkhole on 1 Middleridge Lane North. The City made emergency repairs on three areas of the storm drain system between February and April 2022. In September 2022, staff was alerted to another section at 3 Middleridge Lane North creating safety issues on private property and the City Council directed staff to address via emergency repairs as well. That project was officially accepted as completed during the December 13, 2022 City Council meeting. Staff was notified over the weekend of January 14, 2023 that another sinkhole had developed adjacent to 1 Middleridge Lane South just south of the repaired segments from January 2022. On Wednesday, January 18, 2023, staff met on site with the city contracted inspector from Onward Engineering to evaluate the situation. Staff also provided the inspector with documentation and pipeline video from LA County Department of Public Works. Onward Engineering provided an Observation Report based on their inspection and recommended to 113 engage its engineering group to develop repair measures for the City. On January 23, 2023, the City Council directed staff to have EC Construction provide repair proposal to address the sinkholes that developed over the weekend of January 14, 2023. The City Council also directed staff to engage Onward Engineering to provide recommendations using the CCTV data to properly maintain the entire drainage system and to request the Rolling Hills Community Association to cover the sinkholes. DISCUSSION: EC Construction is proposing to install 40 feet of new Corrugated Metal Pipe (CMP) to address the newly developed sinkhole as done for the previous three emergency jobs for $33,600. EC Construction also suggested lining the entire drainage system for $171,600. To do so, EC Construction informed staff that the voids at the bottom of the drainage pipe will need to be filled with slurry and other material to stabilize the base of the pipe to install 600 linear feet of Cured In Place Pipe (CIPP). In advance of presenting this report, staff checked with Onward Engineering on their recommendation development. Onward Engineering informed staff that they are investigating CIPP for the entire drainage system but have yet to conclude their evaluation. As directed at the January 23, 2023 City Council meeting, attached to this report are Resolution 1327 (emergency work) and Resolution 1328 (budget amendment) for approval to move forward with the repair of the Middleridge storm drain and address the sinkholes that developed in January, 2023. Furthermore, per Council direction, Onward Engineering has completed its preliminary research and developed the attached proposal which is aligned with the above recommendation from EC Construction as it relates to the overall repair method for the entire drainage system. Onward's cost to date in preparation of this proposal are as follows: Inspector - field visit and meeting, inspection report preparation (4hrs * $135) = $540 QA/QC Manager - analysis meeting and preparing proposal (2hr * $175) = $350 Project Manager - analysis meeting, proposal preparation, coordination with slip lining company, reviewing CCTV footage (5hrs * $160)= $800 Total Cost to date: $1,690 FISCAL IMPACT: The repair to the storm drain line is an unexpected expense and not budgeted in the FY 2022- 2023 adopted budget. As such, Council action is needed to amend the budget to increase budgeted appropriations by $38,640 which will be funded from available General Fund reserves. The use of General Fund reserves for these purposes is consistent with City policy. COST: $38,640.00 includes 15% contingency. Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, slurry, and striping. 114 RECOMMENDATION: Approve as presented. ATTACHMENTS: PW_DRA_230201_1MiddleridgeLnS_Sinkhole_ECC_Estimate_CMP.pdf PW_DRA_230201_1MiddleridgeLnS_Sinkhole_ECC_Estimate_Lining.pdf ResolutionNo1327_EmergencyStormDrainRepair_1MiddleridgeLaneS.pdf ResolutionNo1328_EmergRepairs_1MiddleridgeS_BudgetAmendment.pdf CA_AGR_230213_ECC_EmergencyContract_1MiddleridgeLaneS_F.pdf PW_DRA_230209_Middleridge_OnwardEng_Design& PM_Proposal.pdf PW_DRA_220107_AsBuilts_MiddleridgeLane_6650 U1-B.pdf PW_DRA_230118_1MiddleridgeLnS_Sinkhole_OE_ObservationReport.pdf CL_AGN_230213_Item12B_CorrectionLiningCost_Redacted.pdf 115 BID PROPOSAL AND CONTRACT 2213 CHICO AVE./SO. EL MONTE, CA 91733 Phone: (626) 444-9596 Fax: (626) 444-3077 California Contractors License #366814 DATE: 2/1/2023 TO City of Rolling Hills JOB ADDRESS 2 Portuguese Bend Rd Rolling Hills, CA 90274 1 Middleridge Lane S We agree to furnish all labor, materials, equipment and supervision necessary to complete the f ollowing: STORM DRAIN REPAIR 1. Excavate all wet soil at 2 sink hole areas. 2. Remove approx. 40 LF of 24” CMP Pipe. 3. Install approx. 40 LF of new 24” CMP, connecting to existing CMP pipe. 4. Backfill with 1 sack slurry around new pipe and 1’ over new pipe. 5. Backfill and compact remaining depth with clean dirt. 6. Repair asphalt edge at trail where sink holes occurred. COST……$33,600.00 Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, slurry, and striping. The above described work will be performed in a workman like manner and in accordance with standard practices. TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herein is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice. Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement. Unless otherwise specified, if this proposal is not accepted within______30___________days from bid date, we reserve the right of cancellation. APPROVE AND ACCEPTED Respectfully Submitted, ___________________________ E.C. CONSTRUCTION CO. Date__________________20___ By_________________________ 116 BID PROPOSAL AND CONTRACT 2213 CHICO AVE./SO. EL MONTE, CA 91733 Phone: (626) 444-9596 Fax: (626) 444-3077 California Contractors License #366814 DATE: 2/7/2023 TO City of Rolling Hills JOB ADDRESS 2 Portuguese Bend Rd Rolling Hills, CA 90274 1 Middleridge Lane S We agree to furnish all labor, materials, equipment and supervision necessary to complete the f ollowing: STORM DRAIN LINING 1. Fill bottom void of existing CMP Pipe with slurry and sandbags to create stable base in preparation for lining. COST….$9,295.00 plus 25% markup on materials per day. Estimated 3-6 days. 1. Install Sancon CIPP Liner to existing CMP pipe, approx. 600LF COST…..$171,600.00 This proposal includes traffic control, confined space entry procedures, pipe invert repairs and cleaning of existing pipe, pre video of pipeline, installing CIPP liner, reconnection of active laterals, final video inspection, and restoration of trail areas disturbed for entry and exit areas for lining work. Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, and striping. The above described work will be performed in a workman like manner and in accordance with standard practices. TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herein is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice. Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement. Unless otherwise specified, if this proposal is not accepted within______30___________days from bid date, we reserve the right of cancellation. APPROVE AND ACCEPTED Respectfully Submitted, ___________________________ E.C. CONSTRUCTION CO. Date__________________20___ By_________________________ 117 1 RESOLUTION NO. 1327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FINDING AND DECLARING THAT AN EMERGENCY CONDITION EXISTS ARISING FROM DAMAGE TO THE CITY’S STORM DRAIN LOCATED AT OR NEAR 1 MIDDLERIDGE LANE SOUTH AND AUTHORIZING EMERGENCY REPAIR TO THE STORM DRAIN WITHOUT PUBLIC BIDDING RECITALS A. Sections 22035 and 22050 of the Public Contracts Code authorize the City of Rolling Hills (“City”) to proceed with awarding a public works contract to perform emergency work upon adoption by the City Council by a four-fifths vote of a resolution declaring that the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health, or property; B. The City’s storm drain located at or near 1 Middleridge Lane South (“storm drain”) is in need of emergency repair as a result of damage and degradation to the existing storm drain; C. The repairs are necessary to preserve the health, safety and welfare of the City. Further, the degradation and possible failure of the City’s storm drain is an unexpected occurrence that poses and clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. D. The need for repair of the City’s storm drain requires immediate action that will not permit undergoing the formal competitive bidding process because rainy season is impending and the City does not have the required time to competitively bid the project in light of possible impacts to the public health and safety and damage to property; E. The City Manager solicited a proposal from EC Construction and received a written acceptable proposal to perform the emergency work from EC Construction, and the City now wishes to award an emergency contract for repair of the City’s storm drain to EC Construction; and F. Public Contract Code section 22050 also provides that the City Council may, by resolution, delegate the authority to order any action required by the emergency and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let the contracts, to the City Manager, her designee, or any other officer. 118 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct. Section 2. Findings. The City Council finds that the public interest and necessity demand the immediate expenditure of public funds for emergency work for the repair of the City’s storm drain to safeguard life, health and property. The City Council further finds that the emergency will not permit a delay that would result from a competitive solicitation for bids and that action is necessary to respond to the emergency related to the damaged condition of the City’s storm drain. The City Council further finds that based on the foregoing, the approvals herein authorized are necessary to protect the public health, safety and welfare. Section 3. Award of Contract; Delegation of Emergency Contracting Authority. A contract to perform the necessary emergency repair work to the City’s storm drain in and around 1 Middleridge Lane South is hereby awarded to EC Construction for $38,640.00 and the City Manager, or her designee, is hereby authorized to execute said contract, and to order any other action required to remedy the emergency relating to the damaged condition of the City’s storm drain, and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. The City Manager, or her designee, is directed to report to the City Council at the next regularly scheduled meeting and at every meeting thereafter until the work is complete.. Section 4. Effective Date. This Resolution shall be effective immediately. PASSED, APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2023. _______________________________ PAT WILSON MAYOR ATTEST: ___________________________________ CHRISTIAN HORVATH CITY CLERK 119 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1312 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS FINDING AND DECLARING THAT AN EMERGENCY CONDITION EXISTS ARISING FROM DAMAGE TO THE CITY’S STORM DRAIN LOCATED AT OR NEAR 1 MIDDLERIDGE LANE SOUTH AND AUTHORIZING EMERGENCY REPAIR TO THE STORM DRAIN WITHOUT PUBLIC BIDDING was approved and adopted at a regular meeting of the City Council on February 13, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Christian Horvath, City Clerk 120 RESOLUTION NO. 1328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS IN THE GENERAL FUND’S REPAIR AND MAINTENANCE ACCOUNT BY $38,640 FROM RESERVES FOR THE EMERGENCY CONSTRUCTION CONTRACT WITH E.C. CONSTRUCTION CO. FOR STORM DRAIN REPAIRS NEAR 1 MIDDLERIDGE LANE SOUTH THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Recitals. A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time. B. On or around January 14, 2023, staff was notified of a possible sinkhole developing adjacent to 1 Middleridge Lane South. On January 18, 2023, staff met on site with contract inspectors to evaluate the situation and the status of the storm drain near the sinkhole. This inspection resulted in a recommendation that the City begin developing repair measures for that segment of the storm drain. B. On January 23, 2023 the City Council received a report on this issue and directed staff to begin the repair process by securing a proposal to address the sinkhole and storm drain in this area near 1 Middleridge Lane South. D. City staff solicited a bid from E.C. Construction Co. for the emergency work and received a bid of $33,600 for the work. The City desires to appropriate $38,640 (includes a 15% contingency) in the General Fund’s Repair and Maintenance Account from reserves to fund the Emergency Construction Contract with E.C. Construction Co. (attached as Exhibit “A”). Section 2. The sum of thirty eight thousand, six hundred and forty dollars ($38,640.00) is hereby appropriated to the General Fund’s Repair and Maintenance Account from reserves to fund the Emergency Construction Contract with E.C. Construction Co. 121 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original resolutions. PASSED, APPROVED, AND ADOPTED this 13th day of February, 2023 ______________________________ PAT WILSON MAYOR ATTEST: ___________________________ CHRISTIAN HORVATH CITY CLERK 122 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1328 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS. CALIFORNIA AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO INCREASE APPROPRIATIONS IN THE GENERAL FUND’S REPAIR AND MAINTENANCE ACCOUNT BY $38,640 FROM RESERVES FOR THE EMERGENCY CONSTRUCTION CONTRACT WITH E.C. CONSTRUCTION CO. FOR STORM DRAIN REPAIRS NEAR 1 MIDDLERIDGE LANE SOUTH was approved and adopted at a regular meeting of the City Council on February 13, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Christian Horvath, City Clerk 123 Exhibit A 124 1 CITY OF ROLLING HILLS EMERGENCY CONSTRUCTION CONTRACT BETWEEN THE CITY OF ROLLING HILLS AND E.C. CONSTRUCTION CO. STORM DRAIN REPAIRS 1. PARTIES AND DATE. This Contract is made and entered into this 13th day of February, 2023 by and between the City of Rolling Hills, a public agency and public corporation of the State of California (“City”) and E.C. Construction Co., a California corporation, with its principal place of business at 2213 Chico Ave., So. El Monte, California 91733 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 2. RECITALS. 2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing storm drain related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City . 2.3 Project. City desires to engage Contractor to render such services for the Storm Drain Emergency Repairs (“Project”) as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract. 3. TERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: • Services/Schedule (Exhibit “A”) • Plans and Specifications (Exhibit “B”) • Special Conditions (Exhibit “C”) • Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”) • Federal Requirements (Exhibit “G”) • Addenda • Change Orders executed by the City • Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9 125 2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If t he Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis. 3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle 126 3 cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance. Contractor shall perform and complete all Work under this Contract beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract. 3.7 Compensation and Payment. 127 4 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Thirty Eight Thousand Six Hundred and Forty Dollars ($38,640.00), inclusive of a 15% contingency fee, (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with 128 5 a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit 129 6 a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776 . In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City , its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.8 Performance of Work; Jobsite Obligations. 130 7 3.8.1 Water Quality Management and Compliance. 3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.8.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. 3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the 131 8 indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity. 3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or 132 9 subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once 133 10 the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.10 Claims; Government Code Claim Compliance. 3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format: 3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 3.10.3.2 List of documents relating to claim: (A) Specifications (B) Drawings (C) Clarifications (Requests for Information) (D) Schedules (E) Other 3.10.3.3 Chronology of events and correspondence 3.10.3.4 Analysis of claim merit 134 11 3.10.3.5 Analysis of claim cost 3.10.3.6 Time impact analysis in CPM format 3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. 3.10.4.1 If City needs app roval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. 3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in 135 12 which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. 3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: 3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure ) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no 136 13 such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims. 3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice. 3.12 Indemnification. 3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons. 3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall 137 14 not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers. 3.13 Insurance. 3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. 3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract. 3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract. 3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall 138 15 stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it. 3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. 3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. 3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers. 3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers. 3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. 3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms 139 16 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing. 3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 3.14 Bond Requirements. 3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided 140 17 by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.16 Employee/Labor Certifications. 3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub -subconsultants to comply with the same. 3.17 General Provisions. 141 18 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval. 3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor. 3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract . This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties. 3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 142 19 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: E.C. Construction Co. 2213 Chico Ave. So. El Monte, CA 91733 Attn: James Bleecker CITY: City of Rolling Hills 2 Portuguese Bend Rd Rolling Hills, CA 90274 Attn: City Manager Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.17.7 Time of Essence . Time is of the essence in the performance of this Contract. 3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.17.13 [Reserved] 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration 143 20 contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work. 3.17.16 Certification of License. 3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registra r, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.. [SIGNATURES ON NEXT PAGE] 144 21 SIGNATURE PAGE FOR EMERGENCY CONSTRUCTION CONTRACT BETWEEN THE CITY OF ROLLING HILLS AND E.C. CONSTRUCTION CO. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 13th day of February, 2023. CITY OF ROLLING HILLS E.C. CONSTRUCTION CO. By: By: City Manager Its: Printed Name: ATTEST: By: City Clerk 145 22 EXHIBIT “A” SERVICES / SCHEDULE 1. Overview A. The following work scope addresses methods and procedures for the repair of the storm drain at or near 1 Middleridge Lane South. 2. Scope of Work A. Storm Drain Repair. Contractor shall coordinate and work with the City and the property owner at 1 Middleridge Lane South to accomplish the following: (1) Excavate all wet soil at 2 sink hole areas; (2) Remove approx. 40 LF of 24” CMP Pipe; (3) Install approx. 40 LF of new 24” CMP, connecting to existing CMP pipe; (4) Backfill with 1 sack slurry around new pipe and 1’ over new pipe; (5) Backfill and compact remaining depth with clean dirt; (6) Repair asphalt edge at trail where sink holes occurred 3. Schedule A. February 14, 2023 to March 14, 2023 146 - 23 - EXHIBIT “B” PLANS AND SPECIFICATIONS 147 - 24 - EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 148 - 25 - EXHIBIT “D” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. E.C. Construction Co. By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) 149 - 26 - EXHIBIT “E” PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Contractor: DIR Registration Number: DIR Registration Expiration:_________________________ Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: • Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor Signature Name and Title Dated 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 150 - 27 - EXHIBIT “F” PAYMENT AND PERFORMANCE BONDS 151 - 28 - PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Rolling Hills (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the 152 - 29 - Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. 153 - 30 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above) ___________________________________________ (Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 154 - 31 - Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 155 - 32 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Rolling Hills (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows: _____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or 156 - 33 - equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 157 - 34 - Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 158 Onward Engineering (OE) is excited to team up with the City of Rolling Hills to provide design engineering and project management services for the storm drain improvements on Middleridge Lane. Middleridge Lane has 200’ of 36”, 588’ of 24” and 30’ of 18” corrugated metal storm drain main The proposed project involves preparing base maps and developing specifications for the design of storm drain and slip lining improvements on Middleridge Lane. OE will prepare an existing site map from available records and field measurements. We will assess the existing 18” storm drain pipe to verify if it can be lined based on it’s existing conditions. If this 18” storm drain cannot be lined then we will provide a full survey and design for the replacement of the 18” storm drain main as an optional item. We will also prepare specifications and estimates for the slip lining and construction of new storm drain main. PROJECT UNDERSTANDING11 N e s w Section 1: Project Understanding 300 S. Harbor Blvd. Ste. 814, Anaheim, CA. 92805 www.oe-eng.com Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project for The City of Rolling Hills 2159 What follows is our proposed work plan for this project: SITE RESEARCH PHASE Proposal Approach PRELIMINARY ANALYSIS1 OE will coordinate with the City and slip lining experts to develop the necessary scope of work required to perform the construction. This involves reviewing the existing storm drain videos and available as builts, discussing the project with slip lining experts and developing a detailed scope of work required to design the construction plans details and specifications. Meeting Minutes and Agenda MEETINGS2 OE will set up a design kick-off meeting with the City of Rolling Hills to discuss the scope of work, objectives, design criteria, technical requirements, and project schedule. It is important that the scope of work and schedule be reviewed and finalized by the City at this meeting to ensure a smooth and successful project. In addition we will setup bi-weekly progress meetings with the City of Rolling Hills. Utility Contact Matrix • First & Second Utility Notices • Utility Notification Log • Correspondence To Each Utility UTILITY RESEARCH & NOTIFICATION3 We believe that utility notifications are a low cost/high value component of every design project. First, we focus on confirming the contacts for all existing utility facilities. OE will conduct an online design investigation which allows our staff to research and confirm the most recent contacts for all affected utilities. Each company will be contacted & informed of the upcoming project. OE then conducts a utility coordination & investigation protocol which involves a detailed local utility research, a three-step utility notification protocol (inform, advise, relocate/adjust). We will notify all affected utility companies and request verification of the sizes, depths, and locations of their underground lines, facilities, and substructures within the project vicinity. After receipt of information from the utilities, OE will cross check the plotted locations with field review information to ensure the existing utility lines are shown in their proper locations. OE will ensure that final design is compatible with all utilities to be installed, relocated, adjusted, or otherwise modified within the project area. Site Evaluation Notes and Photos SITE EVALUATION4 OE will schedule a site inspection and evaluation. OE will confirm items found in the topographic survey, verify records drawings and data, identify proposed improvements, inventory roadway signage, power poles, all onsite above ground utilities and take note of the existing grades for ADA Compliance. OE will prepare a photo log of key project areas. WORK PLAN22 Section 2: Work Plan 300 S. Harbor Blvd. Ste. 814, Anaheim, CA. 92805 www.oe-eng.com Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project for The City of Rolling Hills 3160 Site Assessment Notes and Photos PRELIMINARY SITE ASSESSMENT (18" MAIN)5 OE will perform a preliminary site assessment of the existing 18” main. This site assessment will include a field review of the existing 18” storm drain main to determine if it can be lined. Since the 18” main is too small to perform the filling of the voids beneath the corroded pipe then additional field work will be required to determine if the 30’ of pipe will need to be completely replaced or if it can be lined as is. Our team will video the storm drain line to check that the invert of the pipe is intact enough to run the liner through. If the line cannot be installed, then we will recommend a full replacement of the 18” line. . DESIGN PHASE Plans in Electronic Format (PDF and AutoCAD) BASE PLAN6 OE will prepare the base file created from the existing as builts and field visit. We will show the existing street, driveways, striping, signage, trees, drains, manholes and other visible above ground utilities. We will also note all required site data per the City of Rolling Hills Standards. OE will use the base file and prepare a site utilities plan. The site utilities plan will show all connections to the water and storm drain mains along with any other existing underground utilities that have been provided by the City as builts or utility research. Construction Details & Specifications (hard & soft copy) • All Comments & Responses (digital copies) CONSTRUCTION DETAILS & SPECIFICATIONS7 OE will take the base file created from the as builts and site evaluation and create the necessary construction details and specifications. The details and specs will meet the City of Rolling Hills standards and requirements. We will prepare construction details to be included in the specifications for all specific details required for the storm drain slip lining activities. Any existing drains will be located and shown on the details as needed. CONSTRUCTION ADMINISTRATION Submittal Review and As-Builts CONSTRUCTION ADMINISTRATION8 OE will provide ongoing support services during the construction phase. If required, we will also review submittals and shop drawings, review and approve submittals and/or change orders, and conduct a final walkthrough with Client personnel. We will also prepare as-built plans after construction based on the contractor/inspectors mark-ups. NOTE: ALL PERMITTING AND APPLICATION FEES WILL BE BURDENED BY THE CLIENT. Section 2: Work Plan 300 S. Harbor Blvd. Ste. 814, Anaheim, CA. 92805 www.oe-eng.com Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project for The City of Rolling Hills 4161 OPTIONAL ITEMS SITE SURVEY & BASE PLAN (18" MAIN)-OPTIONAL9OE will conduct a field survey to confirm existing site conditions, develop base sheets, inventory repairs, and shape the scope of work. The survey tasks will include the following: SITE TOPOGRAPHY Perform a field topographic survey to document existing site topography and planimetrics. The purpose of the survey is to locate substantial visible improvements for design purposes of new storm drain line. Substantial visible improvements will be located on the Middleridge Lane, as well as the Right of Way directly adjacent to the storm drain line. Substantial visible improvements including but not limited to surface utilities, street lights, signs, trees, walls, asphalt berms, concrete curbs, concrete curb and gutters, curb drains, driveways, walkways, mailboxes, flatwork, planters, walls, fencing, striping, fire hydrants, flowlines along the edge and center of the pavement, and utility poles. DESIGN FOR 18" STORM DRAIN10Once the site evaluation, utility research, and base maps for the project area have been completed, OE will immediately begin discussions with the City for the storm drain alignment and design. Once the alignment has been finalized, OE will continue to develop the plans to make submissions at 30% and 90% and final completion. Our design team will begin to populate the plan set with the necessary plan information and coordinate with adjacent agencies or utilities and submit the plans for their review or approval. Feedback from impacted stakeholders will be discussed with the City and incorporated into the plans. The plans will be drafted using the City’s standard title block, notes, and formatting, as well as conventional line styles. All plans will be developed using the latest AutoCAD Civil 3D software at the following scales unless instructed otherwise by the City: description horizontal scale vertical scale Storm Drain Plan 1” = 20’- Typical Sections 1” = 10’1” = 1’ Construction Details variable variable OE will also draft the specifications package utilizing any boilerplate templates the City has available and will be formatted as necessary to accurately reference the current Standard Specifications for Public Works Construction “Greenbook” standards. COST ESTIMATE The cost estimate development will be a continuous process which begins at project inception and ends with design completion. Our office constantly updates the unit price records from recent local projects to provide the most accurate project estimated costs. OE will provide an updated cost estimate at each submittal. With the use of our modern Civil 3D software, we can track the quantities and costs while preparing the plan set. This allows us to monitor the costs as the design evolves. The cost estimates for the construction shall be based on the quantity take-off for the project. SPECIFICATIONS Clarity of bid items, site control, and payment method for each item of work are crucial in the preparation of the project specifications. We will ensure that each pay item is clearly referenced and described in each Section 2: Work Plan 300 S. Harbor Blvd. Ste. 814, Anaheim, CA. 92805 www.oe-eng.com Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project for The City of Rolling Hills 5162 applicable section of work. The specifications will have all necessary contacts for utilities or residents that have special concerns and will delineate all items needing relocation on the Contractor’s part. If specific details or photographs are required in the specifications, they will be included as well. Close attention will be paid to the delineation of each bid item to ensure that the specified project scope covers the City’s full intent. SUBMITTALS Prior to submitting hard copies to the City and to other affected agencies and utility companies, OE will submit electronic copies (in AutoCad and pdf formats) to the City for review and feedback. OE will coordinate a Plan Check Meeting with the City for each submittal following the distribution of electronic copies. OE will also prepare a summary of the submittal review comments and scanned red-lined plans in electronic format. Section 2: Work Plan 300 S. Harbor Blvd. Ste. 814, Anaheim, CA. 92805 www.oe-eng.com Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project for The City of Rolling Hills 6163 The hourly rates above are our fee schedule. Any additional work will be negotiated utilizing those hourly rates. design smarter. build bet- 300 S. Harbor Blvd. Suite 814 Anaheim, CA 92805 (714) 533.3050 www.oe-eng.com FEE PROPOSAL Design Engineering and PM Services for Storm Drain Improvements on Middleridge Lane Project, for The City of Rolling Hills MAJDI ATAYA qa/qc manager $175.00 hourly JuStin smeeTs project manager $160.00 hourly project engineers $135.00 hourly survey crew LuMP SuM TASK #1 SITE RESEARCH PHASE 1 Preliminary Analysis 4 20 $3,900.00 2 Meetings 4 12 8 $3,700.00 3 Utility Research and Notification 6 20 $3,660.00 4 Site Evaluation 8 8 $2,360.00 5 Preliminary Site Assessment for 18" Main 4 $9,000.00 $9,640.00 SITE RESEARCH PHASE TOTAL 4 50 36 $9,000.00 $23,260.00 tASK #2 PRELIMInARY DESIGn PHAse 6 Base Sheets 8 16 $3,440.00 7 Construction Details and Specifications 2 12 40 $7,670.00 PRELIMInARY DESIGn PHAse TOTAL 2 20 56 $11,110.00 tASK #3 COnStRuCtIOn ADmINIsTRATION 8 Construction Administration 4 16 4 $3,800.00 COnStRuCtIOn ADMInIStRAtIOn TOTAL 4 16 4 $3,800.00 GRAnD tOtALS $2,450.00 $13,760.00 $12,960.00 $9,000.00 $38,170.00 tASK #4 OPtIOnAL seRVICes 9 Site Survey and Base Plan for 18" Main 2 $2,800.00 $3,120.00 10 Design for 18" Storm Drain 4 20 60 $12,000.00 OPtIOnAL seRVIC es TOTAL 4 22 60 $2,800.00 $15,120.00 164 165 166 167 Daily Inspection Report Rev. 1014-10 1 of 2 Michael Nguyen, Consultant Construction Inspector Sink Hole at Middleridge Ln S REPORT NO. 01 ITEM # - DESCRIPTION OF WORK WEATHER EQUIPMENT AND/OR LABOR: Accumulated WD’s: WD Status: Project No: DATE: 01-18-2023 M T W T F S S SHIFT HOURS Start: 0630 Stop: 1030 Clear Y Cloudy Partly Cloudy Windy Rain Snow Temp (Lo-Hi) oF 42-58 Other Disputed / Extra Work Idle / Down EQ. NO. NO. MEN DESCRIPTION OF EQUIPMENT OR LABOR HOURS REMARKS Insp field investigated sink hole (with photos) and found (2) sink holes adjacent to catch basin and parallel & behind edge of pavement (AC rolled curb). Insp & City reviewed 3rd party’s underground in-pipe video clips at City Hall and found following action items needs to be repaired or replaced as necessary: 1. 8+17 to 7+84 (33’-18” CMP-under Middleridge Ln S w/vehicular traffic) 2. 7+84 to 5+59 (225’-24” CMP on SW/side of Middleridge Ln S, outside of roadway) Note 1: Confirmation of field observation and review of video footages of findings will also need to be verified by OE’s Engineering staff. Note 2: Middleridge Ln South is the only access for residents at south end of street. The street width is about 24-feet wide; therefore, to close the street is not recommended, but to allow access for vehicular traffic with working construction equipment will be tight. Insp received flash drive (for OE to review and provide recommendation for course of action) that includes: 1. Underground In-pipe Videos (5 segments, last 2 videos with damaged CMP) 2. Reports of videos (with STA data) 3. Storm drain As-built plans (for Middleridge Lane South) ONWARD ENGINEERING DAILY INSPECTION REPORT 168 ONWARD ENGINEERING INSPECTION/CONSTRUCTION Date: 01/18/2023 DAILY PHOTO REPORT Sink Holes at Middleridge Ln S Page 2 of 2 Photo 1 - Upstream 18”CMP at STA 8+17 (right side of photo) Photo 2 - (2) Sink holes were within 16 LF n/o catch basin at upstream 24”CMP at STA 7+84 (left side of photo). STA 7+84. Photo 3 - Sink holes were outside of the roadway and behind Photo 4 - Closest sink hole to catch basin was about 3’ in AC rolled curb. diameter and about 8’ deep (bottom of SD). Photo 5 - Third party reports were reviewed in City Hall Photo 6 - Video clips were reviewed to determine length of for condition at bottom of CMP (5-7 pos. at flow line). corroded CMP from station to station. 169 From: To:Christian Horvath Subject:Middleridge Lining Proposal Date:Friday, February 10, 2023 2:22:07 PM Attachments:City of Rolling Hills SD Lining Middleridge South.pdf Christian, Sancon reached out to me today and they missed a portion of the lining on Middleridge. I’ve attached the updated proposal which includes the revised pricing. Sorry for the confusion; I don’t know why they missed it originally. Thank you, James Bleecker EC Construction Co. 2213 Chico Ave So El Monte, CA 91733 626 444 9596 O 626 705 0923 C 170 BID PROPOSAL AND CONTRACT 2213 CHICO AVE./SO. EL MONTE, CA 91733 Phone: (626) 444-9596 Fax: (626) 444-3077 California Contractors License #366814 DATE: 2/7/2023 TO City of Rolling Hills JOB ADDRESS 2 Portuguese Bend Rd Rolling Hills, CA 90274 1 Middleridge Lane S We agree to furnish all labor, materials, equipment and supervision necessary to complete the f ollowing: STORM DRAIN LINING 1. Fill bottom void of existing CMP Pipe with slurry and sandbags to create stable base in preparation for lining. COST….$9,295.00 plus 25% markup on materials per day. Estimated 3-6 days. 1. Install Sancon CIPP Liner to existing CMP pipe, approx. 600LF COST…..$215,000.00 This proposal includes traffic control, confined space entry procedures, pipe invert repairs and cleaning of existing pipe, pre video of pipeline, installing CIPP liner, reconnection of active laterals, final video inspection, and restoration of trail areas disturbed for entry and exit areas for lining work. Exclusions: permits, inspection fees, SWPPP plan, engineering, survey, relocation of underground utilities, night or weekend work, concrete, and striping. The above described work will be performed in a workman like manner and in accordance with standard practices. TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herein is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice. Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement. Unless otherwise specified, if this proposal is not accepted within______30___________days from bid date, we reserve the right of cancellation. APPROVE AND ACCEPTED Respectfully Submitted, ___________________________ E.C. CONSTRUCTION CO. Date__________________20___ By_________________________ 171 Agenda Item No.: 12.C Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT: RECEIVE AND FILE A TECHNICAL MEMORANDUM FROM PACIFIC ARCHITECTURE AND ENGINEERING INC., ON OPTIONS TO REPLACE THE EXISTING CITY HALL CAMPUS EMERGENCY STANDBY DIESEL GENERATOR AND PROVIDE DIRECTION TO STAFF. DATE:February 13, 2023 BACKGROUND: To replace the non-functioning standby generator that provides emergency power to City Hall and the Rolling Hills Community Association building, the City Council authorized an assessment report and considered three options for replacement at the May 10, 2021 City Council meeting. On May 24, 2021, after City Council discussed the three options, staff was directed to: 1) design the solar option; 2) consider leasing portable generator to provide emergency if necessary; and 3) remove the existing non-functioning emergency standby generator, and repair the water intrusion problem at the existing generator structure. At the June 14, 2021 City Council meeting, City Council approved a second amendment with Pacific Architecture and Engineering, Inc. for preparing plans to remove the existing standby generator including repairing of the water intrusion at the generator housing as well as prepare design plans to implement the solar option. The second amendment with Pacific Architecture and Engineering, Inc. (PAE) was executed in July 2021 and PAE proceeded with preliminary design. City Staff and PAE held several meetings to discuss the proposed solar option and layout. After a period of research and information gathering, PAE provided preliminary design plans for layout of the solar panels in November 2021. The preliminary design plan was reviewed by staff. The available roof surface area, the orientation of the surface area to the sun, and other design/cost factors were considered. The most efficient and cost-effective design was to position all the solar panels on the Rolling Hills Community Association (RHCA) building. 172 The preliminary design was provided to RHCA and the plans were reviewed by the Architectural Review Committee on December 7, 2021. The Architectural Committee requested to have solar panels over the entry of the RHCA building be removed and placed on the City Hall Building. Removing solar panels from the RHCA Building and placing them on the City Hall building will have several impacts/issues to consider: There is a tree at City Hall making the panels less efficient. The city could consider cutting this tree down so that the panels would have more exposure to the sun. There is only space for 29 panels on the City Hall roof versus 66 panels on the RHCA building. Panels on both buildings will drive up the costs of the project. Cost of re-roofing one roof vs two roofs (roughly savings of $20,000 just for roof and waterproofing, and additional $30,000-$50,000 if structural reinforcement is needed). Through the City Council liaison to the RHCA, the City Council agreed to have the RHCA lead the project. In July 2022, the RHCA presented the option of using a natural gas unit to provide standby power to the City Hall campus. In November 2022, the City Council directed staff to take back the project and provide a comparison analysis between the solar and the natural gas options. DISCUSSION: Pacific Architecture and Engineering, Inc. (PAE) was engaged under their existing contract to prepare a technical memorandum comparing the natural gas emergency generator with the solar option. That memorandum with additional information researched by staff is attached for further discussion. Based on the comparison data provided by PAE, staff recommends that the City Council continue to pursue the solar option. PAE noted that the solar option would provide a much higher cost savings as the solar system would be utilized all the time offsetting the cost of using energy from the grid. Additionally, the unknowns relating to the natural gas option could potentially increase the project cost by 50% having to retrofit the existing shed that houses the diesel generator. The solar option offers more flexibility for expansion as the space needed for a larger battery is easier to accommodate than to accommodate a larger natural gas unit. Natural gas is considered non-renewal energy. This could be a limiting factor in identify viable grants to pay for the construction of the project. The City Council reviewed PAE's technical memorandum on January 23, 2023 and directed staff to bring this item back for discussion and direction on February 13, 2023. FISCAL IMPACT: The fee for PAE to prepare a technical memo is funded through the capital fund. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: 20221215_Gen Vs Solar memo_V1.pdf 173 COMPARISON OF NATURAL GAS GENERATOR AND SOLAR PANELS for the City of Rolling Hills Below is a summary comparing using a fossil fuel generator or solar panels with battery storage as backup energy: FOSSIL FUEL NATURAL GAS GENERATOR SOLAR ENERGY CLIMATE IMPACT HIGH -The usage of fossil fuels is discouraged in the industry. LOW - Solar panels will not burn any fossil fuel to operate. INITITAL COST SIMILAR TO SOLAR - Infrastructure already exists if a new building is not required and existing gas supply may be used. SIMILAR TO GAS - A battery storage system is required to always have energy available. SOUND MEDIUM – Minimize sound by maintaining a proper distance from the occupied area. Creates sound. LOW - There is almost no noise to the community and surrounding areas. This is of consideration with the site being in close proximity to residences and a school. SPACE MEDIUM - Installation takes place in a relatively small space, however a new building may be required. LOW – Install on existing roof. The battery storage system will require a dedicated space. RELIABILITY HIGH - Will operate at any time of the day. HIGH - Will detect automatic power outages and engage at any time; if a battery storage system is installed. MAINTENANCE LOW TO MEDIUM - Fuel needs to be maintained. Scheduled testing should be performed, mechanical components may fail. LOW - No mechanical parts to fail or fuel to refill. Solar panels may fail after a certain number of years. ENERGY / Cost SAVINGS LOW - It will only be used during an outage. HIGH - The system can provide power anytime it is producing energy yielding savings throughout its life cycle. Unknowns It is not confirmed that the generator would fit in the existing shed with the electrical switchgear in the shed. There may be additional batteries that would need to be purchased at additional cost if it is determined that more battery storage is required. Flexibility In order to add more power a larger generator would need to be purchased. More battery may be added at any time and more solar panels may also be added. Prepared by Pacific Architecture and Engineering 12/15/2022 174 Additional information/investigation by staff on Natural Gas Generators: Advantages: • The three most obvious pros of using natural gas as a fuel to power your generators is that it is cleaner, less expensive than other non-renewable fuels, and is considerably efficient. • In comparison to oil and coal, the emissions of sulfur, nitrogen, and carbon dioxide (a greenhouse gas) are considerably lower. Hence, natural gas is one of the cleanest fossil fuels when it burns. • Another advantage of natural gas generators is that natural gas does not produce a pungent odor, which is fairly common in generators powered by oil or diesel. • Natural gas generators are also effective in reducing costs when used to power homes. This is because electricity from the main utility source is a far more expensive alternative. • Apart from being cleaner and cheaper, natural gas is also readily available in large cities since it is delivered directly through pipelines. Hence, when using natural gas powered generators, storage of fuel becomes redundant. Disadvantages • When it comes to the cons of natural gas generators, one of its advantages can also be regarded as a disadvantage. Since natural gas need not be stored as it is supplied through gas pipelines, at times of natural calamities the supply of natural gas is disrupted. You may find yourself facing a lack of fuel when you need to operate your generator the most. • Apart from this, natural gas is extremely explosive and can be a serious fire hazard should the pipeline burst. • In comparison to diesel generators, natural gas generators are: o More expensive to run • Emit more carbon dioxide, which is a greenhouse gas. • Moreover, natural gas is a limited or non-renewable energy resource. Additional information/investigation by staff on system life span: Replacement Frequency / Costs Natural Gas Generator well maintained could have 25-30 year life Solar Energy System with Batteries, Solar Panels well maintained could have 25-30 year life. Batteries may only have 5-15 life • To get the most benefit out of a Solar Energy System, a battery storage system would be required for the power to be available on days when the solar panels alone would not produce the power required and in emergencies. 175 Agenda Item No.: 13.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ROBERT SAMARIO, FINANCE DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:FISCAL YEAR 2022/23 MID-YEAR REPORT FOR THE SIX MONTHS ENDED DECEMBER 31, 2022 DATE:February 13, 2023 BACKGROUND: Each quarter, City staff prepares a report on the status of revenues and expenditures versus budgeted amounts. The purpose of the report and related analysis is to evaluate the progress of expenditures throughout the year to identify any unusual trends that may require action to mitigate or address the fiscal impacts. Most of the focus is on the General Fund, the City's primary and largest operating fund. However, this report also includes most of the restricted funds and the Refuse Fund. With six months of activity now in place, the mid-year report is important since it is the first real opportunity to determine how the City's revenues and expenditures are performing relative to their respective budgeted amounts. The mid-year report is also important as it provides useful information as the City begins to develop the budget for the next fiscal year. DISCUSSION: With only a few exceptions, revenues and expenditures across the board are tracking as expected. On the revenue side, the General Fund has received a total of $1,249,582 in revenues from all sources half-way through the year. Based on the pro-rated budget of $1,364,192, which represents 50% of the FY 2023 Adopted Budget (6 out of 12 months), revenues in total are $114,610 below budget. This is largely the result of the seasonal nature of revenues where more of the General Fund revenues are received in the second half of the fiscal year. In total, revenues are expected to meet or exceed the budget by year end. On the expenditure side, the General Fund amended budget at December 31, 2022 totals $3,610,753. Halfway through the fiscal year, actual expenditures are approximately $455,387 under budget. More than half of this favorable variance is due to capital transfers not yet 176 executed due to the underlying projects not yet fully underway. There are some seasonal impacts and late billings that are also contributing to the variance. For example, we have only received invoices through November for law enforcement services, which explains expenditures being below budget by $27,434. Even with these seasonal variations, expenditures are expected to end the fiscal year below budget. A more thorough analysis is provided in the attached Mid-Year Analysis Report. In addition, detailed schedules of revenues and expenditures compared to budget for all funds are attached to this report. FISCAL IMPACT: None RECOMMENDATION: Staff recommends the City Council receive and accept the mid-year report for the six months ended December 31, 2022. ATTACHMENTS: CL_AGN_230213_CC_MidYear_Analysis.pdf CL_AGN_230213_CC_GeneralFundRevenues_Through12.31.22.pdf CL_AGN_230213_CC_GeneralFundExpenditures_Through12.31.22.pdf CL_AGN_230213_CC_Revenues&Expenditures_Through12.31.22_Restricted&OtherFunds.pdf 177 CITY OF ROLLING HILLS Mid-Year Report Fiscal Year 2022/2033 GENERAL FUND Revenues As shown in the table below, the General Fund has received a total of $1,249,582 in revenues from all sources half way through the year. Based on the pro-rated budget of $1,364,192, which represents 50% of the FY 2023 Adopted Budget (6 out of 12 months), revenues in total are $114,610 below budget. This is largely the result of the seasonal nature of revenues wherein most of the General Fund revenues are received in the second half of the fiscal year. In total, revenues are expected to meet or exceed the budget by year end. A detailed discussion is provided below for the key General Fund revenues. By far the largest General Fund revenue is Property Taxes, representing 57% of ongoing budgeted revenues. The fiscal year 2022/23 adopted budget for property taxes was set at $1,425,207. Actual FY 2023 Pro-Rated Thru Variance Adopted Budget 12/31/22 Fav (Unfav) 401 Property Taxes 1,425,207$ 712,603$ 643,392$ (69,211)$ 405 Sales Taxes 19,300 9,650 5,562 (4,088) 410 Property Transfer Tax 122,706 61,353 14,121 (47,232) 415 Other Taxes - - 546 546 420 Motor Vehicle In Lieu 252,000 126,000 - (126,000) 440 Building & Other Permits 475,000 237,500 344,019 106,519 441 C&D Permits - - 2,700 2,700 450 Variance, Planning & Zoning 20,000 10,000 21,794 11,794 455 Animal Control Fees 250 125 109 (16) 460 Franchise Fees 14,000 7,000 6,677 (323) 480 Fines & Traffic Violations 4,500 2,250 1,805 (445) 482 Cost Recoivery - Publications 15,000 7,500 2,397 (5,103) 600 RHCA Lease Revenue 69,000 34,500 34,495 (5) 650 Public Safety Aug Fund 1,000 500 531 31 655 Burglar Alarm Response 500 250 - (250) 670 Interest on Investments 40,000 20,000 32,857 12,857 671 PARS Earnings 20,239 10,120 10,489 370 675 Miscellaneous Revenue 5,000 2,500 5,745 3,245 699 Transfer In - ARPA Fund 220,682 110,341 110,341 - 699 Transfers In - Refuse Fund 24,000 12,000 12,000 - TOTALS 2,728,383$ 1,364,192$ 1,249,582$ (114,610)$ CITY OF ROLLING HILLS General Fund Revenues Six Months Ended December 31, 2022 178 2 Through December 31, 2022, the City received $643,392. Although this makes up just 45% of the budget mid-year (50%) through the year, it is 16% higher than the revenues through December 31, 2021. More importantly, property tax payments are typically higher in the 2 nd half of the fiscal year, for two reasons. First, delinquent payments due in December are typically paid in January and February. In addition, supplemental taxes, which are collected from properties purchased between June and December (after the levy date) are re-assessed and due between January and June. While property tax revenues at December 31, 2022 are higher than at mid-year of the prior year, revenues for the year may not exceed the budgeted total. This is because the FY 2022/23 adopted budget was based on FY 2021/22 projections that were ultimately higher than the actual final results. Revenues from Building and Other Permits is the General Fund’s second largest revenue, with budgeted revenues of $475,000. Through the first half of the year, revenues totaled $344,019, continuing a strong recovery from its low in FY 2020/21 of $183,000. The only caveat is that the Federal Reserve rate has gone up systematically starting with the first increase in March 2 022. Since then, rates have increased a total of 4.5%. The Federal Reserve rate affects interest rates on most loans, including mortgage and equity loans. Although not a certainty, historically there has been a correlation between interest rates and the housing market, specifically the volume of home purchases and real estate building projects, the latter of which drives building revenues. Thus, staff is cautiously optimistic that, for Rolling Hills, given its demographic, the recent rise in borrowing rates will not significantly affect building activity and thus building-related revenues. The dramatic increases to interest rates in the last year appears to ha ve had a significant impact on Property Transfer Taxes (PPT). According to certain news outlets, sales In Los Angeles County have declined between 40-50% from the beginning of 2022. Because the PPT is assessed at the time a home is sold or otherwise changes title, a decline in home sales will directly and immediately affect PPT revenues, which are received monthly. As evidence of this fact, PPT revenues through December 31, 2022 were only $14,121 compared to approximately $33,000 in the prior year. In any case, since this is well below expectations given the $122,706 budget, we will continue to monitor this revenue to see if this trend continues. Motor Vehicle License Fees are budgeted at $252,000. Payments from the State are received in January and May, which explains the $0 amount collected through mid-year. However, the payment received in January 2023 was approximately $131,000 and thus appears to be tracking ahead of budget. Expenditures As shown in the table below, the General Fund amended budget at December 31, 2022 totals $3,610,753. However, ongoing costs, which exclude one-time operating and capital expenditures, total $2.9 million. Halfway through the fiscal year, actual expenditures are approximately $455,387 under budget. More than half of this favorable variance is due to capital transfers not yet executed due to the underlying projects not yet fully underway. There are some 179 3 seasonal impacts and late billings that are also contributing to the variance. For example, we have only received invoices through November for law enforcement services, which explains expenditures being below budget by $27,434. In addition, the vegetation clearance work done by the Palos Verdes Peninsula Land Conservancy is not done evenly throughout the year, explaining the $37,266 underspending relative to the budget as of December 31, 2022. Unlike revenues, General Fund expenditures are fairly stable and more predictable. For example, budgeted salary and benefit costs for the City’s five full-time staff make up a little more than a third of the General Fund’s operating budget and are incurred evenly throughout the year. Except when there are vacancies, expenditures are generally expected to end the year close to budget. Other regular and consistent costs include those tied to contracted services. This includes City Attorney and other legal services, building and planning services provided by the County of Los Angeles and the Wildan Group, finance-related services, public safety services provided by the County Sheriff, fuel management services, and an array of other consultants providing both ongoing and non-recurring services to the City. In total, the General Fund’s budget includes roughly $850,000 of ongoing contracted services, or about 29% of total ongoing costs. Both staff costs and contracted service costs are tracking close to expectations. There are three areas where costs are expected to exceed budget: (1) Building and related services provided the County. Due to the high level of building activity starting last fiscal year, not only are revenues up sharply, but the fees charged by the County have also increased; (2) Contracted finance staffing. To a large extent, the overage at mid-year is due to the higher level Actuals Variance Amended Pro-Rated Thru Favorable Department Budget Budget 12/31/22 (Unfav) City Administrator 1,090,635$ 545,318$ 505,630$ 39,688$ Finance 140,500 70,250 91,338 (21,088) Planning & Development 948,539 474,270 322,904 151,365 Public Safety 245,000 122,500 90,240 32,260 Non-Departmental 286,357 143,179 106,620 36,558 City Properties 261,715 130,858 149,007 (18,149) Total Before Transfers 2,972,746 1,486,373 1,265,739 220,634 Transfers Out 638,007 319,004 84,250 234,753 GENERAL FUND TOTALS 3,610,753$ 1,805,377$ 1,349,989$ 455,387$ CITY OF ROLLING HILLS General Fund Expenditures by Department Budget Vs. Actual Six Months Ended December 31, 2022 180 4 of effort during the first half of the year to close the fiscal year accounting records, to go through the annual audit, and to issue the annual financial report. However, a fair amount of time and effort has been spent, and continued to be spent, on cleaning up the accounting records in order to not only have more accurate accounting records, but to be able to provide more meaningful financial information on City revenues and expenditures to manage ment and City Council for making important financial and budgetary decisions; (3) Transfers to the Refuse Fund. The amount budgeted for transfers to the Refuse Fund does not reflect what is needed to cover the difference between services charges and the costs to provide the services. This is because, after the budget was adopted, staff discovered that refundable deposits received in connection with construction & demolition permits have been incorrectly treated as revenues in the Refuse Fund. Since these are refundable, their receipt and eventual repayment are simply an increase and decrease in liabilities. Based on the amounts received in FY 2020/21 and FY 2021/22, $30,000 in revenues were budgeted in the Refuse Fund in fiscal year 2022/23, which will not be realized and thus create an ongoing shortfall. In addition, revenues collected in FY 2022/23 were well below expectations, requiring more General Fund transfers than originally anticipated. Staff will continue to monitor collections for service charges throughout the year. RESTRICTED FUNDS Each of the key restricted funds are discussed below. Transit/Transportation Funds The City receives a revenues, primarily from the County, that are restricted for specific purposes. These include the allocation of special sales tax measures approved by Los Angeles County voters over the last several decades that are restricted to transit and transportation programs and projects. The measures include Proposition A, Proposition C, Measure R, and Measure M. Since the City of Rolling Hills does not own and operate transit system and, in fact, has no transit service provided within the City limits, nor does the City own and maintain any public roads, the funds received pursuant to the four tax measures are either gifted to other agencies or exchanged for unrestricted monies with other agencies that can utilize the funds in accordance with their intended uses. Revenues received within these transit/transportation funds through mid -year are in line with budgeted expectations. COPS Fund The City also maintains a COPs Fund for monies received from the County’s Supplemental Law Enforcement Services Fund, created in 2009 through an increase statewide to vehicle license fees. The revenues can only be used for supplemental law enforcement services and not to supplant existing funding from the General Fund for law enforcement. As of December 31, 2022, revenues of $146,529 have been received versus a total annual budget of $165,000. Although typically most of the revenues are collected in the first half of the year, it appears revenues will 181 5 exceed budget by fiscal year end. More importantly, this will provide additional funds to pay for increased Sheriff services, if needed. Measure W Fund The City receives an allocation of the countywide special parcel tax pursuant to the Measure W (Safe, Clean Water Act) for parcels located within the Los Angeles County Flood Control District . These revenues are intended for storm water recycling and water quality improvement projects and programs. The City receives a single payment each year for the full annual allocation. In December, the City received $104,457, which is very close to the $105,000 budget. ENTERPRISE FUND Refuse Fud The Refuse Fund is the City’s only enterprise fund. Enterprise funds are typically used to account for utilities owned and operated by governments, such as water, wastewater, electricity, and refuse, and other operations that are similar to those provided by the private sector, such as airports and golf courses. The Refuse Fund accounts for the contracted waste collection and disposal for all City of Rolling Hills residents. The fees charged to City residents are processed as a “Direct Assessment” through the County Assessor’s Office, which means the annual total of $1,100 is added to the property tax bill sent to property owners by the County and is payable in two installments. Thus the payments the City receives from the County for refuse services coincide with the payments we receive for regular property taxes. As of December 31, 2022, the City has received $300,080 versus an annual budget of $780,000. Note that the City received an additional $75,020 in January for a total of $375,100 through January 31, 2023. Last year, the City received $353,622 through January 31 and ended the year at $673,222. Based on this, it appears the City will receive roughly $715,000 by the end of the current fiscal year. If so, this would be below the budgeted revenues of $780,000. Just as last year, when the General Fund contributed $249,229 versus the $168,500 amount budgeted, the City’s General Fund may have to contribute more than the $168,500 budgeted this fiscal year to keep the Refuse Fund balanced. 182 Actual FY 2023 Pro-Rated Thru Variance Adopted Budget 12/31/22 Fav (Unfav) 401 Property Taxes 1,425,207$ 712,603$ 643,392$ (69,211)$ 405 Sales Taxes 19,300 9,650 5,562 (4,088) 410 Property Transfer Tax 122,706 61,353 14,121 (47,232) 415 Other Taxes - - 546 546 420 Motor Vehicle In Lieu 252,000 126,000 - (126,000) 440 Building & Other Permits 475,000 237,500 344,019 106,519 441 C&D Permits - - 2,700 2,700 450 Variance, Planning & Zoning 20,000 10,000 21,794 11,794 455 Animal Control Fees 250 125 109 (16) 460 Franchise Fees 14,000 7,000 6,677 (323) 480 Fines & Traffic Violations 4,500 2,250 1,805 (445) 482 Cost Recoivery - Publications 15,000 7,500 2,397 (5,103) 600 RHCA Lease Revenue 69,000 34,500 34,495 (5) 650 Public Safety Aug Fund 1,000 500 531 31 655 Burglar Alarm Response 500 250 - (250) 670 Interest on Investments 40,000 20,000 32,857 12,857 671 PARS Earnings 20,239 10,120 10,489 370 675 Miscellaneous Revenue 5,000 2,500 5,745 3,245 699 Transfer In - ARPA Fund 220,682 110,341 110,341 - 699 Transfers In - Refuse Fund 24,000 12,000 12,000 - TOTALS 2,728,383$ 1,364,192$ 1,249,582$ (114,610)$ CITY OF ROLLING HILLS General Fund Revenues Six Months Ended December 31, 2022 183 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 12/31/22 at 12/31/22 (Unfav) 01 - CITY ADMINISTRATOR 702 Salaries -Full Time 474,258$ 237,129$ 241,632$ (4,503)$ 710 Retirement CalPERS-Employer 39,769 19,885 22,057 (2,172) 712 CalPERS Unfunded Liability 65,095 32,548 66,391 (33,844) 715 Workers Compensation Insurance 8,100 4,050 4,175 (125) 716 Group Insurance 71,316 35,658 36,060 (402) 717 Retiree Medical 35,231 17,616 16,173 1,443 718 Employer Payroll Taxes 36,997 18,499 12,965 5,533 719 Deferred Compensation 4,559 2,280 2,447 (168) 720 Auto Allowance 4,800 2,400 2,200 200 721 Phone Allowance 1,970 985 1,155 (170) 740 Office Supplies - 9,964 (9,964) 745 Equipment Leasing Costs 11,450 5,725 6,742 (1,017) 750 Dues & Subscriptions 16,240 8,120 9,867 (1,747) 755 Conference Expense 10,000 5,000 2,042 2,958 757 Meetings Expense 2,000 1,000 2,515 (1,515) 759 Training & Education 5,000 2,500 625 1,875 761 Auto Mileage 500 250 180 70 765 Postage 21,000 10,500 10,075 425 775 City Council Expense 10,000 5,000 5,157 (157) 776 Miscellaneous Expenses 6,200 3,100 1,905 1,195 780 Communications/Newsletters & Outreach 5,000 2,500 - 2,500 785 Codification 5,000 2,500 1,481 1,019 790 Advertising 2,400 1,200 - 1,200 795 Other Gen Admin Expense 1,050 525 1,421 (896) 801 City Attorney 120,000 60,000 40,474 19,526 802 Legal Expense - Other 3,000 1,500 3,492 (1,992) 820 Website 6,000 3,000 - 3,000 850 Election Expense City Council 15,000 7,500 1,149 6,351 Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Six Months Ended December 31, 2022 1 Page: 1184 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 12/31/22 at 12/31/22 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Six Months Ended December 31, 2022 890 Consulting Fees 62,000 31,000 - 31,000 891 Records Management 46,700 23,350 3,287 20,063 Total City Administrator 1,090,635 545,318 505,630 39,688 05 - Finance 740 Office Supplies - - 140 (140) 750 Dues & Subscriptions 2,000 1,000 1,930 (930) 810 Annual Audit 18,500 9,250 13,950 (4,700) 890 Consulting Fees 120,000 60,000 75,318 (15,318) Total Finance 140,500 70,250 91,338 (21,088) 15- PLANNING & DEVELOPMENT 702 Salaries 236,748 118,374 80,654 37,720 703 Salaries - Part-Time 26,587 13,294 7,378 5,915 710 Retirement CalPERS-Employer 18,100 9,050 7,386 1,664 715 Workers Compensation Insurance 4,000 2,000 2,084 (84) 716 Group Insurance 44,275 22,138 15,295 6,842 718 Employer Payroll Taxes 20,237 10,119 6,654 3,465 720 Auto Allowance 1,200 600 550 50 721 Phone Allowance 600 300 275 25 761 Auto Mileage 300 150 - 150 750 Dues & Subscription 1,000 500 1,090 (590) 755 Conference Expense 5,000 2,500 - 2,500 759 Training & Education 1,000 500 625 (125) 790 Publication/Advertising/Noticing 15,000 7,500 5,940 1,560 802 Legal Expenses-Other 20,000 10,000 2,247 7,753 872 Property Development-Legal Exp 80,000 40,000 24,435 15,565 875 Willdan Building 50,000 25,000 3,115 21,885 878 Build Inspect. LA County 150,000 75,000 104,419 (29,419) 2 Page: 2185 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 12/31/22 at 12/31/22 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Six Months Ended December 31, 2022 881 Storm Water Management 97,142 48,571 16,953 31,618 884 Special Project Study & Consulting 65,000 32,500 31,747 753 886 Code Enforcement 87,880 43,940 12,058 31,883 890 Consulting Fees - On-Call Maint (Onward)24,470 12,235 - 12,235 928 Traffic Engineering - - 3,650 Total Planning & Development 948,539 474,270 322,904 151,365 25 - Public Safety 830 Law Enforcement 225,000 112,500 85,066 27,434 833 Other Law Enforcement Expenses 4,000 2,000 1,051 949 837 Wild Life Mgmt & Pest Control 10,000 5,000 2,112 2,888 838 Animal Control Expense 6,000 3,000 2,011 989 Total Public Safety 245,000 122,500 90,240 32,260 65 - NON-DEPARTMENTAL 776 Miscellaneous Expenses - - 81 (81) 895 Insurance & Bond Expense 29,657 14,829 12,598 2,230 901 South Bay Comm. Organization 15,000 7,500 9,149 (1,649) 915 Community Recognition 20,000 10,000 9,290 710 917 Emergency Preparedness 221,700 110,850 75,584 35,266 Total Non-Departmental 286,357 143,179 106,620 36,558 75 - CITY PROPERTIES 892 IT Services 54,000 27,000 32,159 (5,159) 893 Granicus Services 8,000 4,000 12,906 (8,906) 894 Computer Hardware Fund 5,000 2,500 1,879 621 925 Utilities 85,212 42,606 28,653 13,953 930 Repairs & Maintenance 97,003 48,502 63,221 (14,720) 932 Area Landscaping 12,500 6,250 8,871 (2,621) 3 Page: 3186 Pro-Rated Actuals Variance Amended Budget Thru Favorable Budget at 12/31/22 at 12/31/22 (Unfav)Department/Object Account CITY OF ROLLING HILLS General Fund Expenditures Budget Vs. Actual Six Months Ended December 31, 2022 946 Buildings & Equipment - - 1,318 (1,318) 947 Non-Building Improvements - - - Total City Properties 261,715 130,858 149,007 (18,149) TOTALS BEFORE TRANSFERS 2,972,746 1,486,373 1,265,739 220,634 OPERATING TRANSFERS OUT 999 Capital Improvement Fund (Fund 40)414,710 207,355 - 207,355 999 CalOE Fund 54,797 27,399 - 27,399 999 Refuse Collection Fund (Fund 50)168,500 84,250 84,250 (0) Total Transfers Out 638,007 319,004 84,250 234,753 GENERAL FUND TOTALS 3,610,753$ 1,805,377 1,349,989$ 455,387$ 4 Page: 4187 FY 2023 Actuals Amended Pro-Rated Thru Variance Budget Budget 12/31/22 Fav (Unfav) 10 - COPS FUND Revenues 570 COPS Allocation 165,000$ 82,500$ 29,250$ (53,250)$ Expenditures 840 COPS Program Expenditures 165,000 82,500 80,333 2,167 Revenues Over (Under) Expenditures -$ -$ (51,083)$ (51,083)$ 11 - CLEEP FUND Revenues 670 Interest Earned 25$ 13$ -$ (13)$ Expenditures 845 CLEEP Technology Program 1,200 600 - 600 Revenues Over (Under) Expenditures (1,175)$ (588)$ -$ 588$ 15 - ARPA FUND Revenues 586 American Rescue Plan Act 220,682$ 110,341$ 220,682$ 110,341$ Expenditures 001 Transfers Out to General Fund 220,682 110,341 110,341 - Revenues Over (Under) Expenditures -$ -$ 110,341$ 110,341$ 16 - CAL OES FUND Revenues 588 Crest Road FEMA Grant - 4434-526-112R 1,145,487$ 572,744$ 3,625$ (569,119)$ 589 Safety Element Disaster Grants - DR 4344 PL0521 - - 10,016 10,016 590 Veg. Mgmnt FEMA Grant - HMGP-4382-175-13R 175,269 87,635 - (87,635) 591 Eastfield U/Grounding FEMA DR-4382-177-7R-CA 1,971,882 985,941 20,250 (965,691) 699 Transfers In - General Fund - Safety Element - - - - 699 Transfers In - Utility Fund - 4434-526-112R 381,819 190,910 - (190,910) 699 Transfers In - Utility Fund - DR4382-177-7R 657,294 328,647 - (328,647) 699 Transfers In - General Fund - HMGP-4382-175-13R 54,797 27,399 - (27,399) Total Revenues 4,386,548 2,193,274 33,891 (2,159,383) Expenditures 957 Crest Road East Project - 4434-526-112R 1,511,854 755,927 - 755,927 960 Eastfield Drive Utility U.G. - 4382-177-7R 2,629,176 1,314,588 46,800 1,267,788 958 Safety Element DR4344-PL0521 219,189 109,595 - 109,595 959 Veg. Mgmt Mitig. Proj. - HMGP-4382-175-13R - - 4,685 (4,685) Total Expenditures 4,360,219 2,180,110 51,485 2,128,625 Revenues Over (Under) Expenditures 26,329$ 13,165$ (17,594)$ (30,759)$ 23 - LEAP GRANT FUND Revenues LEAP Grant -$ -$ -$ -$ Expenditures 884 Special Project Study & Consulting - - - - Revenues Over (Under) Expenditures -$ -$ -$ -$ CITY OF ROLLING HILLS Revenues and Expenditures for the Six Months Ended December 31, 2022 Restricted, Capital,and Other Funds 1 188 FY 2023 Actuals Amended Pro-Rated Thru Variance Budget Budget 12/31/22 Fav (Unfav) 25 - PROPOSITION A FUND Revenues 500 Grant Revenues 45,000$ 22,500$ 25,106$ 2,606$ 670 Interest Earned 200 100 - (100) Total Revenues 45,200 22,600 25,106 2,506 Expenditures 620 Prop A Exchange 58,400 29,200 - 29,200 Revenues Over (Under) Expenditures (13,200)$ (6,600)$ 25,106$ 31,706$ 26 - PROPOSITION C Revenues 501 Grant Revenue-Prop C 37,000$ 18,500$ 20,825$ 2,325$ 670 Interest Earned 200 100 - 100 Total Revenues 37,200 18,600 20,825 2,425 Expenditures 906 Prop C Gifted - - - - Revenues Over (Under) Expenditures 37,200$ 18,600$ 20,825$ 2,425$ 27- MEASURE R TRANSIT Revenues 502 Measure R Grant Revenues 28,000$ 14,000$ 15,611$ 1,611$ 670 Interest Earned 200 100 - 100 Total Revenues 28,200 14,100 15,611 1,711 Expenditures 907 Measure R Gifted - - - - Revenues Over (Under) Expenditures 28,200$ 14,100$ 15,611$ 1,711$ 28 - TDA Article 3 Revenues 503 Article 3 Revenues -$ -$ -$ -$ Expenditures XXX - - - - Revenues Over (Under) Expenditures -$ -$ -$ -$ 29 - MEASURE M Revenues 507 Measure M Local Return 31,000$ 15,500$ 17,666$ 2,166$ 670 Interest Earned 200 100 - 100 Total Revenues 31,200 15,600 2,266 Expenditures XXX Measure M Gifted - - - - Revenues Over (Under) Expenditures 31,200$ 15,600$ -$ 2,266$ 2 189 FY 2023 Actuals Amended Pro-Rated Thru Variance Budget Budget 12/31/22 Fav (Unfav) 30 - MEASURE W Revenues 508 Grant Revenues 105,000$ 52,500$ 104,457$ 51,957$ 670 Interest Earned - - - Total Revenues 105,000 52,500 104,457 51,957 Expenditures 913 Storm Water Management - 30%40,000 20,000 2,336 17,664 914 Storm Water Management - 70%40,000 20,000 21,025 (1,025) 80,000 40,000 23,361 16,639 Revenues Over (Under) Expenditures 25,000 12,500 81,096 35,318 35 - MEASURE A Revenues 511 Grant Revenue -$ -$ -$ -$ 670 Interest Earned - - - - Total Revenues -$ -$ -$ -$ 40 - CAPITAL PROJECTS FUND Revenues Transfers from General Fund 414,710$ 207,355$ -$ (207,355)$ Expenditures 887 Sewer Feasibility Project 9,010 4,505 - 4,505 899 Outdoor Siren System - Design & Constr 300,000 150,000 6,780 143,220 890 Consulting Fees - - 743 (743) 935 Tennis Court Improvenments - 1,808 947 Non-Building Improvements - - - - 948 City Hall Improvements 105,700 52,850 9,905 42,945 Total Expenditures 414,710 207,355 19,235 189,927 Revenues Over (Under) Expenditures - - (19,235) (17,428) 41- UTILITY FUND Revenues 75 Rule 20A Power Utility Credits -$ -$ -$ -$ Expenditures 803 Legal & Other Outside Counsel - - - - Sewer Feasibility Study - - - - 886 Underground Utility Project - Refunds 11,646 5,823 13,465 (7,642) Transfers Out - Cal OES Fund - - - - Total Expenditures 11,646 5,823 13,465 (7,642) Revenues Over (Under) Expenditures (11,646)$ (5,823)$ (13,465)$ (7,642)$ 3 190 FY 2023 Actuals Amended Pro-Rated Thru Variance Budget Budget 12/31/22 Fav (Unfav) 50 - REFUSE FUND Revenues 441 Construction & Demo Permits 20,000$ 10,000$ -$ 10,000$ 665 Service Charges 780,000 390,000 300,080 89,920 Transfers In - General Fund 168,500 84,250 84,250 - Total Revenues 968,500 484,250 384,330 99,920 Expenditures 815 Refuse Service Contract 944,500 472,250 472,088 162 790 Advertising - - - - 999 Transfers Out 24,000 12,000 12,000 - Total Expenditures 968,500 484,250 484,088 162 Revenues Over (Under) Expenditures -$ -$ (99,758)$ 100,082$ 4 191 Agenda Item No.: 13.B Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:VANESSA HEVENER, SENIOR MANAGEMENT ANALYST THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR DRONE SERVICES WITH SKY LADDER DRONES DATE:February 13, 2023 BACKGROUND: At the September 13, 2022, Fire Fuel Committee meeting, the Committee developed three recommendations to the City Council for consideration for implementation. Recommendation 1 : Develop a preferred list of vendors/providers and pricing for fire fuel removal services that could be used as a resource for the community on canyon management. If necessary, Staff is to work with RHCA. Recommendation 2 : Discuss fire safety and canyon management at the Rolling Hills Community Association’s Annual Meeting Recommendation 3: Develop an assessment tool to quantify and/or measure progress on canyon management. For example, explore the use of drones to provide visual evidence of progress made. DISCUSSION: Over the years, the City has committed significant resources to reduce fuel load in the Palos Verdes Peninsula Land Conservancy property located south of the City's boundaries. The Fire Fuel Committee understood that having “before and after” visual comparison of the City's fire mitigation efforts would have served a more effective demonstration of progress made. In addition, based on feedback from the Block Captain Brainstorming Session held In July 2022, it was clear that the Block Captains also shared the same sentiment that visual images would be one of the best educational tools to share with residents on canyon management. By implementing Recommendation 3, the City would have visual evidence of those progress made along the 2.2 miles southern boundaries of the City abutting the Palos Verdes Peninsula Land Conservancy, starting from Rancho del Mar High School to 91 Crest Road East. 192 As recommended by the Cities of Palos Verdes Estates and Redondo Beach, Staff reached out to Sky Ladder Drones for drone services. Sky Ladder Drones submitted the attached proposal for the 2.2 miles corridor. Aerial Mapping includes 700 images stitched together to create a high resolution map using a process called photogrammetry in the amount of $1,675. Aerial Photo and Video include high resolution aerial photos and video of the corridor in the amount of $625. The Aerial Mapping would provide a comprehensive map of the southern City boundary i n c l u d i n g FEMA/CalOES vegetation management area with the capability to provide measurements down to 1-2 feet accuracy. The Aerial Photo and Video feature offers photos taken at a near 45 degree angle capturing hillsides that the Aerial Mapping services would not capture (straight down). Sky Ladder Drones also offers an ad-on services (360 degree panorama photo). Sky Ladder Drones will be providing a brief presentation showcasing the products from these three types of services at the City Council meeting. Based on the demonstration provided by Sky Ladder Drones, all three services would serve as the assessment tool to quantify and or measure progress on canyon management in the community. The City Council can engage Sky Ladder Drones for all three services for $2,600 or just the Aerial Mapping for $1,675. FISCAL IMPACT: There is sufficient funds in Emergency Preparedness account under 65-917. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_230213_CC_Sky Ladder Drones Proposal.pdf 193 Sky Ladder Drones | 2390 Crenshaw Blvd, #450 | Torrance, CA 90501 | Phone: 310-325-3333 Page: 1 City of Rolling Hills Drone Services Proposal for Aerial Photography and/or Mapping Documentation the City of Rolling Hills Hillside Brush Clearing February 3, 2023 Thank you for the opportunity to provide this proposal to support documentation of the City of Rolling Hills brush clearing efforts on the border of the City of Rolling Hills and adjacent Portuguese Bend Nature preserve and Forrestal Nature Preserve. The length of the corridor to be documented is approximately 2.2 miles long and 300 feet wide. As we discussed, using drone photography and mapping can provide the city with terrific “Before & After” documentation of the clearing efforts. Due to the large amount of hillside, the use of aerial mapping and/or photos will provide best overview. Based on your needs, here are two options: Aerial Mapping Aerial mapping will capture over 700 images and will ‘stitch’ them into a high resolution “Google Earth” map using a process called photogrammetry. This will yield a very high resolution map with the following advantages: • Creation of a “Google Earth” map which is 6-10x higher resolution • You ‘own’ the aerial image that you can use as a baseline map in the future • Using the orthomosaic map you are able to measure approximate length, area and slope of the area • Use the map to plan future clearing • Document and validate the amount of area that has been cleared (helps validate outside contractor’s billing) Deliverables: • High Resolution Map in PDF, JPG and TIF formats • Relative accuracy 1-2 feet Pricing: $1,675 • Includes aerial capture with high resolution camera • Processing images into high resolution othromosaic maps • Delivery of orthomosaic map in PDF, JPG and TIF formats • Delivery approximately 5-7 days after capture Note: The map is for informational purposes only. It is not “survey grade” and cannot be used to establish property lines or specific measurements. Mapping under the supervision of a licensed surveyor with ground control is available and can be quoted if requested. 194 Sky Ladder Drones | 2390 Crenshaw Blvd, #450 | Torrance, CA 90501 | Phone: 310-325-3333 Page: 2 Aerial Photos & Video This option will capture aerial photos and video of the corridor. This ensures full coverage of the 2.2 mile corridor. Deliverables include high resolution photos and 4k videos with the following advantages: • High resolution 20 megapixel photos captured • 4K overview videos clips captures showing the whole hillside • Capture of approximately 50 photos at different heights and angles • Mission will be autonomous, so can capture same images at a future date for comparison Note: Unlike mapping, no measurements can be taken from plain photos Deliverables: • Approximately 50 High Resolution Photos (20 megapixel) delivered in JPG format • 4K overview videos (at least 5 video clips) Pricing: $625 • Includes aerial capture with high resolution camera • Post processing • Delivery 2-3 days after capture Optional Add-On 360 Panoramas: $75 each (4 recommended for coverage of area of focus) Creation of 360 degree spherical panoramas that can capture from hillside to ocean in one stitched view. Here’s an example from above the PV Radar Towers captured a few years ago for our holiday card: https://momento360.com/e/u/01b88f558f804db2bea0b1ea05d242f6?utm_campaign=embed&utm_source=o ther&heading=-97.03&pitch=-4.71&field-of-view=75&size=large&display-plan=true Airspace Considerations Overall the area is in uncontrolled, Class G airspace. A small portion near Rancho Del Mar High School is in controlled Torrance Airport’s Class D airspace. But since it is far from Torrance Airport automatic approval is available for the area. This proposal includes: • FAA licensed drone pilot(s) • $2 mil Liability Insurance with the City of Rolling Hills as named insured (if required) • Full coordination to secure FAA flight authorizations • Full rights to use images for internal tracking, contractor validations, as well as community outreach. 195 Sky Ladder Drones | 2390 Crenshaw Blvd, #450 | Torrance, CA 90501 | Phone: 310-325-3333 Page: 3 Drone Services Proposal for Aerial Photography and/or Mapping Listed below is a summary of the “Menu of Services”– Please refer to details and examples described above.  Aerial Mapping: $1,675 Aerial mapping will capture over 700 images and will ‘stitch’ them into a high resolution “Google Earth” map using a process called photogrammetry. Deliverables are a very high resolution map in variety of file formats.  Aerial Photos & Video: $625 Comprehensive aerial capture of both photos and video of the corridor. This ensures full coverage of the 2.2 mile corridor. Deliverables are high resolution photos and 4K videos. Optional Add-On to Either/Both Above:  360 Panoramas: $75 each. Quantity Requested: _____ (4 recommended for coverage of area of focus) Creation of 360 degree spherical panoramas that can capture from hillside to ocean in one stitched view. TOTAL AGREEMENT AMOUNT: __________________ Pricing valid for 90 days from date of submission All services include: • All Pilots are FAA Part 107 Certified • Compliance with all local city, county, state and federal regulations • Insurance up to $2 million for Aircraft Liability and General Liability (additional insurance is available and can be quoted, if required) • The rights for perpetual use by the City of Rolling Hills. No restrictions on usage to use photos and/or video for own use in marketing and sales materials & any weekly site meetings with subcontractors and/or other owners in perpetuity. • Perpetual use at no additional charge is extended if the photo and/or video is used for publication in media (newspapers, trade publications, television, and/or social media.) In these cases, Sky Ladder Drones must be credited as the source of the aerial image. Such as “Aerial image by Sky Ladder Drones” or “Source: Sky Ladder Drones.” Payment Terms: Payment terms: Net 30 (Invoices can be paid via check, ACH or Credit card) ___________________________________ __________________________________ Steven Katz Date Vanessa Hevener Date Sky Ladder Drones City of Rolling Hills 196 Sky Ladder Drones | 2390 Crenshaw Blvd, #450 | Torrance, CA 90501 | Phone: 310-325-3333 Page: 4 Mapping Overview 197 Agenda Item No.: 14.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DISCUSS CALL FOR SERVICE EMAILS GENERATED BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (COUNCILMEMBER PIEPER) DATE:February 13, 2023 BACKGROUND: The City of Rolling Hills has a joint law enforcement contract with neighboring cities Rancho Palos Verdes and Rolling Hills Estates. To coordinate on public safety issues, two City Councilmembers from each city formed the Peninsula Regional Contract Law Committee. Representatives from Rolling Hills are Mayor Pat Wilson and Councilmember Bea Dieringer. The committee meets quarterly. At the November 2022 Peninsula Regional Contract Law Committee meeting, Councilmember Dieringer inquired with the Los Angeles County Sheriff's Department Lomita Station Captain James Powers the reason for reducing the amount of information provided as a part of the Call for Service emails generated by the department to report on the department's response to law enforcement calls for Rolling Hills. Captain Powers cited privacy concerns and noted that the details relating to deputies' response to a family dispute, for example, is not essential to city business. Furthermore, Captain Powers noted that the emails are not a part of the standard service provided by the department to cities contracting the Sheriff's Department for law enforcement. Agencies in the joint contract with Rolling Hills do not receive Call for Services emails from the Lomita Station. Prior to this exchange between Councilmember Dieringer and Captain Powers at the committee meeting, in August 2022, several Rolling Hills Councilmembers expressed concerns to the City Manager over the amount of details provided in the Sheriff's Department Call for Service emails. The feedback was consistent with Captain Powers' concern over privacy and relevance to city business. In September 2022, Captain Powers adjusted the Call for Service emails by eliminating the 198 details and only characterizing if the call for service resulted in a crime. DISCUSSION: Call for Service emails generated by the Sheriff's Department Lomita Station was a legacy service likely authorized by a previous Captain of the station. Captain Powers took over Lomita Station in late 2019 and at that time Captain Powers expressed the same concerns over the Call for Service emails for Rolling Hills. Working with the City Manager's office, Captain Powers agreed to take a transitional approach to eliminating the Call for Service emails. In 2019, Councilmembers expressed to the City Manager the need for the Call for Service emails. The Sheriff's Department would send Call for Service emails to the City Manager and the City Manager would forward the Call for Service emails to City Council. In 2022, the sentiment of Councilmembers with respect to the Call for Service emails evolved, commenting on the appropriate use of the Sheriff's Department and staff's time in generating, accepting and forwarding the Call for Service emails to the City Council. In November 2022, Councilmember Jeff Pieper requested the City Manager to have an agenda item that would allow the City Council to discuss the Sheriff's Department Call for Service emails. FISCAL IMPACT: None. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: 199 Agenda Item No.: 14.B Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DISCUSS AND PROVIDE DIRECTION REGARDING SOUTH BAY CITIES COUNCIL OF GOVERNMENTS PROPOSAL TO INCREASE DUES BASED ON THREE POTENTIAL SCENARIOS (COUNCILMEMBER DIERINGER) DATE:February 13, 2023 BACKGROUND: Councilmember Dieringer submitted this item as staff was preparing to produce the agenda and will present to the Council. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Provide direction to staff. ATTACHMENTS: CL_AGN_230213_SBCCOG_FinanceCommittee_02.01.23_AgendaSlides.pdf 200 2/1/23 1 South Bay Cities Council of Governments Ad Hoc Finance Committee February 1, 2023 201 Agenda I.Welcome II.Dues and Assessment •Dues Options •Unfunded opportunities -(Placer A.I., grant writer, lobbyist that our cities would have access to) •Recommendations to Steering Committee III.Policies •Recommendations IV.Change of Contractor Status? Tabled to March 2023 202 Dues & Assessment Overview •Last dues increase FY 2019-2020 •FYs 2016-2020 Dues were increased by a total of $20,000 per year split among each member by formula to fund reserve •Planning Assessment FYs 2021-22 and 2022-23 203 Dues & Assessment –Dues History CITY 2015-2016 Increase $20,000/yr. 2016-2017 Increase $20,000/yr. 2017-2018 Increase $20,000/yr. 2018-2019 Increase $20,000/yr. 2019-2020 Increase $20,000/yr. CARSON $ 21,360 $ 22,727 $ 24,094 $ 25,461 $ 26,828 EL SEGUNDO $ 13,178 $ 14,021 $ 14,865 $ 15,708 $ 16,551 GARDENA $ 17,358 $ 18,469 $ 19,580 $ 20,691 $ 21,802 HAWTHORNE $ 21,817 $ 23,214 $ 24,610 $ 26,006 $ 27,403 HERMOSA BEACH $ 9,608 $ 10,223 $ 10,837 $ 11,452 $ 12,067 INGLEWOOD $ 32,344 $ 34,414 $ 36,484 $ 38,554 $ 40,624 LAWNDALE $ 11,398 $ 12,127 $ 12,856 $ 13,586 $ 14,315 LOMITA $ 8,555 $ 9,103 $ 9,650 $ 10,198 $ 10,745 LOS ANGELES $ 36,758 $ 39,111 $ 41,463 $ 43,816 $ 46,168 MANHATTAN BEACH $ 13,880 $ 14,768 $ 15,656 $ 16,545 $ 17,433 PALOS VERDES ESTATES $ 8,077 $ 8,594 $ 9,111 $ 9,628 $ 10,145 RANCHO PALOS VERDES $ 12,361 $ 13,153 $ 13,944 $ 14,735 $ 15,526 REDONDO BEACH $ 19,294 $ 20,529 $ 21,764 $ 22,999 $ 24,234 ROLLING HILLS ESTATES $ 7,143 $ 7,601 $ 8,058 $ 8,515 $ 8,972 ROLLING HILLS $ 4,942 $ 5,259 $ 5,575 $ 5,891 $ 6,207 TORRANCE $ 36,758 $ 39,111 $ 41,463 $ 43,816 $ 46,168 COUNTY OF LOS ANGELES $ 37,668 $ 40,078 $ 42,489 $ 44,900 $ 47,311 Total Dues:$ 312,500 $ 332,500 $ 352,500 $ 372,500 $ 392,500 204 Dues Vs Outside Funding 205 Programs & Activities Fully or Partly Funded with General Funds •SBCCOG Board & Steering Committee & Working Groups •Board Education, Networking, & Go-See Trips •Legislative tracking & Advocacy •General Assembly •Board Special Projects (examples: coyotes, housing trust, solar,big data) •Electric Vehicle infrastructure & adoption •Climate Action & Adaptation •SBCCOG Organizational Promotion -website, newsletter, social media •All New Program Development •Volunteer Program •Grant Development & Applications 206 Unfunded Opportunities Missing opportunities that we don’t have resources to work on: •Placer A.I. (data) •Legislative tracking & Advocacy –lobbyist that cities could share •Board Special Projects (examples: coyotes, housing trust, solar, big data) •Electric Vehicle Infrastructure & Adoption •Renewable Energy –Solar •Micro-grid •Climate Action & Adaptation •SBCCOG Enhanced Organizational Promotion -website, newsletter, social media •New Program Development/Grant Opportunities •Growing Volunteer Program •Grant Development & Applications –grant writer 207 Dues & Assessment -CPI Calendar Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2020 3.1 3.4 1.9 0.7 0.9 1.4 1.9 2.0 1.2 0.7 1.0 1.5 1.6 2021 0.9 1.0 2.2 3.6 3.9 4.0 3.9 4.0 4.6 5.4 6.0 6.6 3.8 2022 7.5 7.4 8.5 7.9 8.0 8.6 7.7 7.6 7.8 7.5 6.0 4.9 7.4 CPI for All Urban Consumers (CPI-U) 12-Month Percent Change 208 Dues & Assessment -Scenarios City of/Entity Special Assessment Fee Current Membership Dues Total Billed Scenario 1 Dues & Assessment 2020-21 CPI Increase* of 3.9% 2021-22 CPI Increase* of 7.7% Scenario 2 Dues Combined w/ Assessment (Existing Formula) $20,000 total increase Scenario 3 Scenario 2 + with CPI Average Increase for 3 yrs 2020-22 (4.5%) Carson 4,500 26,828 31,328 34,962 31,954 33,392 El Segundo 2,000 16,551 18,551 20,703 19,714 20,601 Gardena 3,250 21,802 25,052 27,958 25,968 27,137 Hawthorne 4,500 27,403 31,903 35,604 32,639 34,108 Hermosa Beach 2,000 12,067 14,067 15,699 14,373 15,020 Inglewood 4,500 40,624 45,124 50,358 48,387 50,564 Lawndale 3,250 14,315 17,565 19,603 17,050 17,818 Lomita 2,000 10,745 12,745 14,223 12,798 13,374 Los Angeles 4,500 46,168 50,668 56,545 54,990 57,464 Manhattan Beach 3,250 17,433 20,683 23,082 20,764 21,699 Palos Verdes Estates 2,000 10,145 12,145 13,554 12,084 12,627 Rancho Palos Verdes 3,250 15,526 18,776 20,954 18,493 19,325 Redondo Beach 3,250 24,234 27,484 30,672 28,865 30,164 Rolling Hills 2,000 6,207 8,207 9,159 7,393 7,726 Rolling Hills Estates 2,000 8,972 10,972 12,245 10,686 11,167 Torrance 4,500 46,168 50,668 56,545 54,990 57,464 County of Los Angeles 4,500 47,311 51,811 57,821 56,351 58,887 55,250 392,499 447,749 499,688 467,499 488,536 *The base for computing the adjustment is the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside based on the year 1982-1984 = 100 as published by the U.S. Department of Labor's Bureau of Labor Statistics -Reference: https://www.bls.gov/regions/west/factsheet/consumer-price-index-data-tables.htm 209 Recommendation – Dues & Assessment •Adopt Scenario #3 for FY 2023-24 o Combines the special assessment into the dues formula o Adjusts budget to account for CPI •Assess budget adjustment annually FY •2023-24 -Re-evaluate reserve amount by looking at shutdown costs per policy to do this every 5 years •Uphoff/Cruikshank -Dieringer no 210 Schedule – Dues & Assessment •Notify the Board in Feb. 2023 that an increase is being considered •Determine recommended dues for budget preparation at April 2023 Steering Committee meeting •Discussion of Budget at May 2023 Board meeting •Action: Budget Adoption at June 2023 Board meeting 211 Policy Revision Recommen dations •Existing Policy -Authorization for Contract Approvals (Jun. 2010) o Authorizes Steering Committee to enter into contracts up to $7,500 within budget &report to Board o Authorizes Executive Director to enter into contracts up to $2,500 within budget &report to Steering Committee o Sets authority for Steering Committee to approve regular monthly invoice payment at the beginning of each fiscal year (ex. rent) •Proposed Addition o The Executive Director can approve and report to the Steering Committee: o All contracts that are no cost –no fiscal impact o Contract amendments for funding increases in the amount of $25,000 or less for contracts that bring revenue to the SBCCOG o Cruikshank/Uphoff -Dieringer no 212 Schedule – Policy Revisions •Recommend Authorization for Proposed Executive Director Approvals o Recommend February Steering Committee send to Board for approval at February Board meeting 213 Questions 214 Next Steps 1.Items for next agenda •Unfunded opportunities –put dollar amount to it & prioritize list 2.Next Meeting if needed –March 2023 215 Agenda Item No.: 16.A Mtg. Date: 02/13/2023 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONFERENCE WITH LABOR NEGOTIATOR GOVERNMENT CODE SECTION 54957.6 CITY'S DESIGNATED REPRESENTATIVE: MAYOR PATRICK WILSON UNREPRESENTED EMPLOYEE: CITY MANAGER ELAINE JENG DATE:February 13, 2023 BACKGROUND: None DISCUSSION: None FISCAL IMPACT: None RECOMMENDATION: None. ATTACHMENTS: 216