CL_AGN_230410_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
Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed,
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting
CITY COUNCIL
Monday, April 10, 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. 1335 Next Ordinance No. 383
CL_AGN_230410_CC_BlueFolderItem_8G.pdf
CL_AGN_230410_CC_BlueFolderItem_12A.pdf
1
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 APRIL 10, 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: MARCH 27, 2023
RECOMMENDATION: Approve as presented.
8.D.PAYMENT OF BILLS.
RECOMMENDATION: Approve as presented.
8.E.RECEIVE AND FILE AN UPDATE ON THE EMERGENCY WATER MAIN LINE
REPAIRS FROM MARCH 16 TO 24, 2023
RECOMMENDATION: Receive and file.
8.F.ADOPT RESOLUTION NO. 1334 AUTHORIZING A BUDGET MODIFICATION
FOR PORTIONS OF RECENTLY APPROVED BENNETT LANDSCAPE
PROPOSALS TO REPAIR AND CORRECT IRRIGATION ISSUES, PROVIDE
LANDSCAPE DESIGN, AND LANDSCAPE REMOVALS
RECOMMENDATION: Approve as presented.
8.G.RECEIVE AND FILE CITY HALL REQUEST FOR PROPOSAL TO REPLACE THE
THREE RAIL FENCE ALONG THE CITY HALL CAMPUS PORTUGUESE BEND
ROAD BRIDLE TRAIL
RECOMMENDATION: Receive and file.
8.H.RECEIVE AND FILE AN UPDATE ON WIRELESS COMMUNICATION
FACILITIES APPLICATIONS AND ACTIVITIES
RECOMMENDATION: Receive and file.
9.EXCLUDED CONSENT CALENDAR ITEMS
10.COMMISSION ITEMS
CL_AGN_230410_CC_AffidavitofPosting.pdf
CL_MIN_230327_CC_F.pdf
CL_AGN_230410_CC_PaymentOfBills_E.pdf
ResolutionNo1334_BennettLandscape_BudgetAmendment.pdf
CL_AGN_230410_Bennett_Invoices.pdf
PW_CHC_230410_2023-03_EquestrianFenceReplacement_RFP_F.pdf
CL_AGN_230410_Item8G_BennettLandscape_email.pdf
PW_CHC_230410_2023-03_EquestrianFenceReplacement_RFP_AmendedPages.pdf
2
11.PUBLIC HEARINGS
12.OLD BUSINESS
12.A.RECEIVE AND FILE A REPORT FROM THE APRIL 6, 2023 SOLID WASTE AND
RECYCLING COMMITTEE (VERBAL)
RECOMMENDATION: Receive and file. Provide direction to staff.
12.B.APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH BOLTON ENGINEERS TO REVISE THE TENNIS ADA
IMPROVEMENT PLANS AND FILE CONSTRUCTION PERMITS WITH LOS
ANGELES COUNTY BUILDING AND SAFETY DEPARTMENT FOR THE ADA
IMPROVEMENTS AT THE TENNIS COURTS.
RECOMMENDATION: Consider and approve Bolton's Change Order request.
13.NEW BUSINESS
13.A.RECEIVE AND FILE INFORMATION UPDATE ON KNOW YOUR ZONE
CAMPAIGN, PVPREADY WEBSITE, AND ZONEHAVEN PLATFORM LAUNCH
RECOMMENDATION: Receive and file.
13.B.RECEIVE AND FILE A REPORT ON THE MARCH 23, 2023 TRAFFIC
COMMISSION MEETING
RECOMMENDATION: Receive and file.
14.MATTERS FROM THE CITY COUNCIL
15.MATTERS FROM STAFF
15.A.RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE ENFORCEMENT
QUARTERLY REPORT FOR THE FIRST QUARTER OF 2023 (JANUARY 1
THROUGH MARCH 31)
RECOMMENDATION: Receive and file.
15.B.RECEIVE AND FILE UPDATE ON CITY MANAGER'S DISCUSSION WITH THE
OTHER PALOS VERDES PENISULA CITY MANAGERS REGARDING SUPPORT
FOR PENINSULA WIDE EMERGENCY NOTIFICATION SIREN STUDY AND
PURSUIT OF GRANTS (VERBAL)
RECOMMENDATION: Receive and file.
16.RECESS TO CLOSED SESSION
CL_AGN_230410_CC_12A_SWC_Recs.pdf
Civil CO#2-Tennis Court ADA Access.pdf
C-GRADING PLAN_Tennis Court_concept revised limits of grading_AP Comments.pdf
PS_ZON_230410_KnowYourZoneCampaign_sample.pdf
Nov 2022 - Feb 2023 RH Traffic.pdf
CE_QRP_2023_Q1_Opened_Cases.pdf
CE_QRP_2023_Q1_Closed_Cases.pdf
CE_QRP_2023_Q1_Cumulative_Open_Cases.pdf
3
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, April 24, 2023 at 7:00 p.m. in the City Council Chamber,
Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
Notice:
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.
4
Agenda Item No.: 6.A
Mtg. Date: 04/10/2023
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:April 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approved.
ATTACHMENTS:
CL_AGN_230410_CC_BlueFolderItem_8G.pdf
CL_AGN_230410_CC_BlueFolderItem_12A.pdf
5
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
APRIL 10, 2023
8.G RECEIVE AND FILE CITY HALL REQUEST FOR PROPOSAL TO REPLACE THE
THREE RAIL FENCE ALONG THE CITY HALL CAMPUS PORTUGUESE BEND
ROAD BRIDLE TRAIL
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY
MANAGER
CL_AGN_230410_Item8G_BennettLandscape_email.pdf
PW_CHC_230410_2023-03_EquestrianFenceReplacement_RFP_AmendedPages.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
APRIL 10, 2023
12.A RECEIVE AND FILE A REPORT FROM THE APRIL 6, 2023 SOLID WASTE AND
RECYCLING COMMITTEE (VERBAL)
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY
MANAGER
CL_AGN_230410_CC_12A_SWC_Recs.pdf
7
Agenda Item No.: 8.A
Mtg. Date: 04/10/2023
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 APRIL 10, 2023
DATE:April 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
CL_AGN_230410_CC_AffidavitofPosting.pdf
8
Administrative Report
8.A., File # 1738 Meeting Date: 04/10 /202 3
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF APRIL 10, 202 3
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 April 10, 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: April 7, 2023
9
Agenda Item No.: 8.B
Mtg. Date: 04/10/2023
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:April 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve.
ATTACHMENTS:
10
Agenda Item No.: 8.C
Mtg. Date: 04/10/2023
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: MARCH 27 ,
2023
DATE:April 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_230327_CC_F.pdf
11
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 1
Minutes
Rolling Hills City Council
Mon day, March 27, 2023
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 7:00 p.m. Mayor Pro Tem
Mirsch presiding.
2. ROLL CALL
Councilmembers Present: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch,
Councilmembers Absent: Mayor Wilson
Staff Present: Elaine Jeng, City Manager
Christian Horvath, City Clerk / Executive Assistant to the City Manager
John Signo, Planning & Community Services Director
Pat Donegan, City Attorney
Robert Samario, Finance Director
3. PLEDGE OF ALLEGIANCE – Councilmember Black
4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS – NONE
5. APPROVE ORDER OF THE AGENDA
Mayor Pro Tem Mirsch requested to move Items 13A and 13D up after Consent. Without objection so moved.
6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE
7. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE
8. CONSENT CALENDAR
8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF MARCH
27, 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: MARCH 13, 2023
8.D. PAYMENT OF BILLS
8.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR FEBRUARY 2023
8.F. PULLED BY COUNCILMEMBER DIERINGER
8.G. RECEIVE AND FILE THE ANNUAL PROGRESS REPORT FOR THE HOUSING ELEMENT
8.H. APPROVE AREA G'S EVERBRIDGE CONTRACT RENEWAL FOR USE WITH THE ALERT
SOUTH BAY NOTIFICATION SYSTEM
12
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 2
8.I. ADOPT BY RESOLUTION NO. 1332 AUTHORIZING A BUDGET MODIFICATION OF $3,125 FOR
EC CONSTRUCTION VIDEO INSPECTION OF THE MIDDLERIDGE LANE NORTH/SOUTH
DRAINAGE SYSTEM
Motion by Councilmember Black, seconded by Councilmember Pieper to approve Consent Calendar with
the exception of 8F. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
9. EXCLUDED CONSENT CALENDAR ITEMS – NONE
8.F. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: FEBRUARY 13, 2023
Motion by Councilmember Dieringer, seconded by Councilmember Black to approve with an amendment to
the minutes under Item 8I by adding the following “and that Councilmember Dieringer can present the
information on the Genasys system” after the word “Committee.” Motion carried unanimously with the
following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Mayor Pro Tem Mirsch moved to Item 13A
13. NEW BUSINESS
13.A. FINANCE COMMITTEE RECOMMENDATIONS REGARDING FEES AND THE FISCAL YEAR
2023/24 BUDGET FROM THE MEETING OF MARCH 9, 2023
Presentation by Finance Director Robert Samario
Public Comment: Alfred Visco
Motion by Councilmember Black , seconded by Councilmember Pieper to accept staff recommendation to
adjustments, reductions and structural fixes as presented on page 11 of the report. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Motion by Councilmember Dieringer to table changes to the City Council expenses line item and look at
other staff costs. Motion failed for lack of a second.
Motion by Councilmember Black, seconded by Councilmember Pieper directing staff to reduce City Council
expenses line item as recommended by the Finance/Budget/Audit Committee. Motion carried with the
following vote:
AYES: Black, Pieper, Mayor Pro Tem Mirsch
NOES: Dieringer
13
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 3
ABSENT: Mayor Wilson
Motion by Councilmember Pieper, seconded by Councilmember Black to adopt Resolution No. 1333 adding
a $750 fee for publication/noticing fees applicable to private development projects and eliminating false alarm
fees. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Motion by Councilmember Dieringer, seconded by Councilmember Black to give required notice for potential
elimination of all of subsidy needed so as to provide the worst possible scenario to the residents as in
accordance with the requirements of the law. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Motion by Councilmember Mirsch, seconded by Councilmember Black to receive and file the report from
staff on the recommendations of the Finance Committee. Motion carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Mayor Pro Tem Mirsch moved to Item 13D
13.D. DEVELOPMENT OF POLICIES FOR REFUSE SERVICE BILLINGS
Presentation by Finance Director Robert Samario
Motion by Councilmember Pieper, seconded by Councilmember Black to send this item to the Solid Waste
and Recycling Committee for further discussion and recommendations. Motion carried unanimously with the
following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
Mayor Pro Tem Mirsch moved to Item 13B. Without objection, so ordered.
13.B. DISCUSS AND APPROVE PROPOSED IMPROVEMENTS TO THE ROLLING HILLS
COMMUNITY ASSOCIATION BUILDING INCLUDING A REMODEL AND ADDITION
Presentation by Planning & Community Services Director John Signo
Public Comment: Kristen Raig
Motion by Councilmember Black, seconded by Councilmember Pieper to approve as presented. Motion
carried unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
14
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 4
ABSENT: Mayor Wilson
10. COMMISSION ITEMS – NONE
10.A. ZONING CASE NO. 23-003: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW FOR NON-
EXEMPT GRADING AND CONDITIONAL USE PERMIT FOR A PROPOSED 960-SQUARE-FOOT
STABLE WITH 480-SQUARE-FOOT COVERED PORCH TO EXCEED THE ALLOWABLE 200-
SQUARE-FOOT MAXIMUM LOCATED AT 74 PORTUGUESE BEND ROAD, (LOT 37-FT)
(WILSON), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Presentation by Planning & Community Services Director John Signo
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
11. PUBLIC HEARINGS – NONE
Mayor Pro Tem Mirsch moved to Item 12B. Without objection, so ordered.
12. OLD BUSINESS
12.B. CONSIDERATION 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
Presentation by City Manager Elaine Jeng
Public Comment: Alfred Visco, Arlene Honbo
Motion by Councilmember Dieringer to table this item to get further information from other Peninsula Cities
as to their interest and the information about grants. Motion failed for lack of a second.
Motion by Councilmember Black, seconded by Councilmember Pieper to approve as presented. Motion
carried with the following vote:
AYES: Black, Pieper, Mayor Pro Tem Mirsch,
NOES: Dieringer
ABSENT: Mayor Wilson
12.A. DISCUSSION AND CONSIDERATION OF THE 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
Presentation by City Manager Elaine Jeng
Public Comment: Alfred Visco
15
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 5
Motion by Councilmember Dieringer, seconded by Councilmember Pieper to explore the solar option. Motion
carried with the following vote:
AYES: Dieringer, Pieper, Mayor Pro Tem Mirsch,
NOES: Black
ABSENT: Mayor Wilson
13. NEW BUSINESS
13.C. RECEIVE AND FILE A REPORT ON THE MARCH 9, 2023 THE PENINSULA PUBLIC SAFETY
(PPSC) AND THE PENINSULA REGIONAL CONTRACT LAW COMMITTEE MEETINGS AND
PROVIDE DIRECTION TO STAFF ON COUNCILMEMBER DIERINGER'S MOTION TO THE PPSC
COMMITTEE
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Public Comment: Judith Haenel, Alfred Visco
Motion by Councilmember Pieper, seconded by Mayor Pro Tem Mirsch directing staff to discuss with other
Peninsula City Managers about the kind of support they can give regarding the PPSC motion by
Councilmember Dieringer and report back to the City Council. Motion carried unanimously with the following
vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
14. MATTERS FROM THE CITY COUNCIL
Councilmember Pieper requested that the City Manager work with the City Finance Contractor and other
entities on how to find cost savings specific to the budget.
Councilmember Dieringer reported out regarding the South Bay Cities Council of Governments (SBCCOG)
and a conversation with Chair Cruikshank specific to recent council action on the dues structure and potential
of discontinuing SBCCOG membership.
15. MATTERS FROM STAFF
15.A. RECEIVE AND FILE UPDATE ON FEMA HAZARD MITIGATION GRANT PROGRAM AND NEW
ROUND OF FUNDING (VERBAL REPORT)
Presentation by City Manager Elaine Jeng
Motion by Councilmember Pieper, seconded by Councilmember Black to receive and file Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
16
MINUTES – CITY COUNCIL MEETING
Monday, March 27, 2023
Page 6
15.B. RECEIVE AND FILE PROJECT STATUS REPORTS FOR THE CITY HALL HVAC REPAIR
PROJECT, MIDDLERIDGE STORM DRAIN REPAIR AND DIESEL STANDBY GENERATOR
REMOVAL
Presentation by City Clerk / Executive Assistant to the City Manager Christian Horvath
Motion by Councilmember Black, seconded by Councilmember Pieper to receive and file. Motion carried
unanimously with the following vote:
AYES: Black, Dieringer, Pieper, Mayor Pro Tem Mirsch
NOES: None
ABSENT: Mayor Wilson
16. RECESS TO CLOSED SESSION – 10:02 P.M.
16.A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
17. RECONVENE TO OPEN SESSION – 10:24 P.M.
18. ADJOURNMENT : 10:24 P.M.
The meeting was adjourned at 10:24 p.m on March 27, 2023. The next regular adjourned meeting of the City
Council is scheduled to be held on Mon day, April 10, 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
Approved,
____________________________________
Patrick Wilson, Mayor
17
Agenda Item No.: 8.D
Mtg. Date: 04/10/2023
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:April 10, 2023
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_230410_CC_PaymentOfBills_E.pdf
18
19
20
Agenda Item No.: 8.E
Mtg. Date: 04/10/2023
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:RECEIVE AND FILE AN UPDATE ON THE EMERGENCY WATER MAIN
LINE REPAIRS FROM MARCH 16 TO 24, 2023
DATE:April 10, 2023
BACKGROUND:
On Thursday morning, March 16, 2023, the RHCA Gate Supervisor informed staff of a water
leak in the northwest quadrant of the City Hall parking lot. CalWater had already been on site
and turned the water main off. Staff called approved vendor Stephens Plumbing, met with the
gate supervisor, and coordinated use of RHCA gatehouse or building facilities for employees.
Stephens Plumbing arrived in early afternoon, turned the water on, observed where the water
eventually percolated up from, and provided recommendations/estimates to staff. Dig Alert
was notified. They began by manually digging in the soil at the water main box, as leak
detection services was not immediately available. At 5:40 p.m. they advised the City Manager
that leak detection would be on site Friday, March 17, by 11 a.m.
On Friday, March 17th, Stephens turned the water on to temporarily relieve city staff and allow
leak detection to pinpoint the surface area above the leak. They determined the leak was
underneath asphalt in the same quadrant approximately 8 feet away from the water main box.
Stephens marked off the area and cut into the asphalt. As removal would require an
excavator, they completed the cuts and planned to return Monday morning with heavy
equipment. They turned off the main for the weekend.
On Monday, March 20th, Stephens excavated approximately 6’ x 10’ of asphalt and soil
ultimately to a depth of 9'-10'. In the process, they uncovered a conduit line as well as
damaged the RHCA water main lateral, which then began to leak. They turned off the RHCA
water main, notified the RHCA, and removed the water. Once fully excavated, it was apparent
that the RHCA and City lateral copper lines ran in parallel in this area and were approximately
6"-10" apart. The RHCA pipe is 1.5” in diameter and the City lateral is 2” in diameter. Stephens
repaired the RHCA line (at no cost to the city), found the pinhole leak in the City lateral and
repaired that section as well. LA County Department of Public Works Inspector Chris Oberle
visited the site and approved the work. Stephens proceeded to backfill and attempted to
21
compress/compact the soils. This proved difficult due to the soil’s water concentration. They
planned to procure gravel for continued backfilling on Tuesday to ensure there is no future
settling after the asphalt is restored.
Between Tuesday, March 21st, and Friday, March 24th, Stephens removed further wet soil
and backfilled with gravel. They removed excess wet soil and covered the area due to
continued rain conditions. The asphalt subcontractor performed the restoration of pavement
on March 24th.
DISCUSSION:
None.
FISCAL IMPACT:
The complete cost to repair the water main totaled $23,569.65. Staff was able to use budget
dollars in the General Fund in accounts where cost savings are expected for transfer into the
Repairs and Maintenance account 01-75-930 in order to cover the unanticipated expense. The
Finance Director identified salary savings from 01-01-702 due to the current Senior
Management Analyst vacancy and savings from the Stormwater Management account 01-05-
881.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
22
Agenda Item No.: 8.F
Mtg. Date: 04/10/2023
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 RESOLUTION NO. 1334 AUTHORIZING A BUDGET
MODIFICATION FOR PORTIONS OF RECENTLY APPROVED
BENNETT LANDSCAPE PROPOSALS TO REPAIR AND CORRECT
IRRIGATION ISSUES, PROVIDE LANDSCAPE DESIGN, AND
LANDSCAPE REMOVALS
DATE:April 10, 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-built plans 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.
The service contract with Bennett Landscape was executed in early January 2023. Prior to
the execution of the current agreement, staff worked with Bennett Landscaping to identify
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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.
At the February 13, 2023 City Council meeting, the Council approved the additional estimates
submitted by Bennett Landscape that were outside the scope of the monthly maintenance
fees.
DISCUSSION:
Bennett Landscape has submitted invoices (attached) totaling $8,324.
FISCAL IMPACT:
Due to the recent emergency involving unanticipated repairs to the water main, a budget
amendment is required to cover these additional landscape expenses and repairs. As such,
Council action is needed to amend the budget to increase budgeted appropriations by $8,324
which will be funded from available General Fund Reserves. The use of General Fund
Reserves is consistent with City policy.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
ResolutionNo1334_BennettLandscape_BudgetAmendment.pdf
CL_AGN_230410_Bennett_Invoices.pdf
24
RESOLUTION NO. 1334
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2022-2023
BUDGET AMENDMENT TO INCREASE
APPROPRIATIONS BY $8,324 IN THE GENERAL
FUND FROM AVAILABLE RESERVES FOR
CERT AIN LANDSCAPE SERVICES OF BENNETT
LANDSCAPE
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. At the November 14, 2022 City Council meeting, the City Council
unanimously voted to selected Bennett Landscape to provide various routine
maintenance and landscaping services related to the City Hall Campus.
C. Based on site walks and conversations with City staff, Bennett
Landscape has proposed the following additional services that were outside of
the routine maintenance and landscaping service: (i) landscape design; (ii)
landscape improvements; (iii) irrigation deficiencies and spot repairs; (iv) gopher
mitigation. Bennet Landscape estimated that these services would cost $10,335.
D. At the February 3, 2023 City Council meeting, the Council approved
the additional work and estimates submitted by Bennett Landscape.
E. Bennett Landscape has submitted invoices for the services totaling
$8,324.
Section 2. The sum of eight thousand, three hundred and twenty-four
dollars ($8,324.00) is hereby appropriated to the General Fund from General
Fund Reserves to fund the additional landscape services performed by Bennett
Landscape.
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.
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PASSED, APPROVED, AND ADOPTED this 10th day of April, 2023.
______________________________
PAT WILSON
MAYOR
ATTEST:
______________________________
CHRISTIAN HORVATH
CITY CLERK
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27
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29
Agenda Item No.: 8.G
Mtg. Date: 04/10/2023
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:RECEIVE AND FILE CITY HALL REQUEST FOR PROPOSAL TO
REPLACE THE THREE RAIL FENCE ALONG THE CITY HALL CAMPUS
PORTUGUESE BEND ROAD BRIDLE TRAIL
DATE:April 10, 2023
BACKGROUND:
At the August 22, 2022 City Council Meeting, representatives from the Women's Club
Beautification Committee spoke during public comment regarding the roses and fencing along
Portuguese Bend Road at the City Hall Campus. Mayor Black requested that an agenda item
be brought forth at the next meeting.
At the September 12, 2022 City Council meeting, the Council directed staff to have
discussions with the Rolling Hills Community Association (RHCA) regarding the timing of the
fence removal, create a request for proposal (RFP) for vinyl fencing replacement, and bring
back the RFP at the next meeting for Council approval.
The three-rail fence was removed the week of September 12 by RHCA per previous staff
requests. City staff was also in the process of a Landscaping Maintenance RFP and awaiting
responses. Staff believed it would be prudent to finalize the Landscaping RFP process and
interviews since concerns were expressed over the plantings and irrigation in the same area
which inadvertently led to the rotting of the wood fencing.
At the October 24, 2022 City Council meeting, staff made a recommendation for a new
Landscaping Maintenance partner, who discussed in detail during an interview the following
concerns that should be considered:
Outdated irrigation system with incorrect nozzles/spray heads for the pathway adjacent
vegetation that contributed to the fence deterioration.
Improper rose bush maintenance over the years has led to a scenario where they had
grown too tall, outlived their useful life span and required replacement and subsequent
proper maintenance.
Staff had observed the use of the pathway in the previous month and anecdotally seen
30
no issues with equestrian or pedestrian passage which was a stated concern for
replacing the fencing.
Staff recommended taking more time to evaluate the need for a fence replacement and
instead explore the more pressing need for the campus existing irrigation system upgrades
and subsequent update of the plant palette along Portuguese Bend Road. Once staff had a
new landscape provider, it would work collaboratively with them and bring back
recommendations to the Council. The City Council voted to receive and file with City Council
comments made that evening to be taken into consideration by staff. Council comments
included consideration of ongoing costs of roses, what could be planted aside from roses, the
idea of considering landscaping after a new fence was installed, and the need to make
decisions that would avoid future unfunded expenses.
At the November 14, 2022 City Council meeting, Bennett Landscaping was selected as the
service provider for the City Hall Campus. The service agreement was fully executed in
January 2023.
At the February 13, 2023 City Council meeting, members of the Women's Club Beautification
Committee spoke during Public Comment on Non-Agenda Items and expressed their
continued interest in replacing the three-rail fence and use of white climbing roses as part of
the forthcoming new landscape design. Mayor Wilson requested that this item be agendized
for the next meeting.
The City Council also approved Item 8.H which included a proposal from Bennett Landscaping
to provide Landscape Design Services with Ric Dykzeul functioning as the consultant and a
focus on drought tolerant landscape plants. Staff will be working with Bennett Landscaping
and Mr. Dykzeul specific to a new Campus Landscape Design, but at this time does not have
further input.
At the February 27, 2023 City Council meeting, the City Council directed staff to get bids for
the replacement of the three-rail fence between the City Hall parking lot entrance and Palos
Verdes Drive North.
DISCUSSION:
To address the replacement of the three-rail fence in a timely manner, staff wrote the RFP to
have a shorter turnaround. The selected proposer would be required to procure and install the
equestrian fencing to replace the fencing removed; to include the name of the manufacturer
they will be procuring the materials from and include approximate dimensions of the fencing
they are proposing; to provide all materials and labor required to install the new equestrian
fence and may be required to submit manufacturer's cut sheets and/or shop drawings as part
of the project.
All proposals are due no later than 2 p.m. on Tuesday, May 2, 2023. The City reserves the
right to extend the deadline. The City will respond to request for clarification in written RFP
addendum(s) as needed. All inquiries shall be directed to Project Manager Alan Palermo by 5
p.m. on April 25, 2023.
FISCAL IMPACT:
The failing conditions and removal/replacement of the three-rail fence was unanticipated and
therefore not budgeted in Fiscal Year 22/23. Staff will present the proposals received and the
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fees associated with replacement at a subsequent meeting. This project will require allocation
from the General Fund Reserve.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
PW_CHC_230410_2023-03_EquestrianFenceReplacement_RFP_F.pdf
CL_AGN_230410_Item8G_BennettLandscape_email.pdf
PW_CHC_230410_2023-03_EquestrianFenceReplacement_RFP_AmendedPages.pdf
32
FY2022-2023
2023-03 EQUESTRIAN FENCE REPLACEMENT
PROJECT
REQUEST FOR PROPOSAL
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Phone: (310) 377-1521
Fax: (310) 377-7288
E-mail: cityclerk@cityofrh.net (for inquiries only)
33
BACKGROUND
The City of Rolling Hills (“City”) is an equestrian friendly city with numerous equestrian paths
throughout the community. Equestrian paths adjacent to roads have fencing separating the
equestrian paths. The equestrian path along Portuguese Bend Road in front of the City Hall facility
had deteriorated and was removed to accommodate landscape maintenance. The City is seeking
qualified firms to procure and install new equestrian fencing on both sides of the equestrian path
to replace the fencing that was removed.
REQUIREMENTS:
The City is requiring the new fencing match in style the existing fencing (3 rail) and that the new
fencing is white vinyl in lieu of wood fencing previously used and existing in some places. Refer
to Attachment A for a street view of the existing fencing along Portuguese Bend Road (before it
was removed.).
The approximate length of the equestrian path requiring new fencing is 180 feet, refer to
Attachment B for approximate location of fencing that would be required. The Contractor/Vendor
would be required to confirm length. Refer to Attachment C for pictures of the path as it currently
exists.
The selected firm would be required to procure and install the equestrian fencing to replace the
fencing removed. Each firm submitting a proposal will be required to include the name of the
manufacturer they will be procuring the materials from and include approximate dimensions of
the fencing they are proposing. The selected firm will be required to provide all materials and labor
required to install the new equestrian fence and may be required to submit manufacturers cut
sheets and/or shop drawings as part of the project.
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Notice to Contractors Inviting Proposals
April 11, 2023
NOTICE IS HEREBY GIVEN that proposals for performing the following described work will be
received by the City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California, until 2:00
P.M. on May 2, 2023. Proposals are to submitted electronically via email to
cityclerk@cityofrh.net and alanmpal@gmail.com.
Equestrian Fence Replacement, Project, Job No. 2023-03
The project work shall include the following tasks:
The work to be done consists of furnishing all materials, equipment, tools labor, and incidentals
as required by the plans, specifications, and contract documents. The general items of work
include removal of an existing diesel emergency generator, removal of waterproofing on the
emergency generator building, removal of soil around the emergency generator building, electrical
services required for removal of the emergency generator and verification of condition of existing
electrical conduits for future use.
Bidders shall have an active Class “B” (General Building Contractor) or Class “C13” (Fencing
Contractor) license from the Contractor’s State License Board, a minimum of 5 years of
applicable experience and 5 recently completed similar public works projects, at the time of
submitting bid.
The project contract shall be completed, and facility shall be made ready for service within 30
working days after the Notice to Proceed is issued.
In accordance with Labor Code Section 1770 et seq., this Project is a “public work,” and thus,
the Contractor and any Subcontractors must pay wages in accordance with the determination of
the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per
diem wages. Copies of those rates are on file with the Director of Public Works and are
available to any interested party upon request. Contractor shall post a copy of the DIR’s
determination of the prevailing rate of per diem wages at each job site.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
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Five percent of the payments due to the successful Contractor shall be withheld by City as
retention for performance security, but the Contractor may substitute securities for said retention
pursuant to Section 7.04 of the General Conditions.
Proposals (bids) to perform the work shall be made on the forms provided by the City and shall
be submitted complete. In order to qualify to bid this project, bidders must obtain and properly
execute a hardcopy of the contract documents, refer to Exhibit A for the standard City
Construction Agreement.
Each bidder wishing to submit a bid proposal shall print a hard copy of the City’s bid proposal
documents for submittal from the sent or downloaded electronic set. The City’s bid proposal
documents include the following forms:
• Proposal (Exhibit B)
• Proposer’s Qualifications & References (Exhibit C)
• Designation of Subcontractors (Exhibit D)
The successful proposer will be required to submit and provide the required insurances as
noted in the Construction Agreement.
Interested parties are encouraged to visit the site at their convenience to verify site
conditions prior to submitting their proposal. The site of the project is in public areas
and does not require any notification or permission from the City.
Contact project manager, Alan Palermo, at alanmpal@gmail.com for questions regarding
this project. All questions due by April 25, 2023, at 5:00 PM.
CITY OF ROLLING HILLS, CALIFORNIA
Alan Palermo, Consultant Project Manager, City of Rolling Hills
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Exhibit A - Agreement
CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date
executed by the Mayor and attested to by the City Clerk, by and between [INSERT CONTRACTOR
NAME] (hereinafter referred to as "CONTRACTOR") and the City of Rolling Hills, California, a
municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for [INSERT NAME OF PROJECT] (Project”),
bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible
bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR
for furnishing labor, equipment and material for the [INSERT NUMBER], [INSERT PROJECT
NAME] in the City of Rolling Hills.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained,
it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR
agrees to furnish all necessary labor, tools, materials, [INSERT PROJECT DESCRIPTION] in
the City of Rolling Hills. The work shall be performed in accordance with the Plans and
Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City
Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in
accordance with the instructions of the City.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract
documents for the aforesaid project shall consist of all the documents and exhibits in the
Request for Bid and all referenced specifications, details, standard drawings, and
appendices; together with this Agreement and all required bonds, insurance certificates,
permits, notices and affidavits; and also, including any and all addenda or supplemental
agreements clarifying, amending, or extending the work contemplated as may be
required to insure its completion in an acceptable manner. All of the provisions of said
contract documents are made a part hereof as though fully set forth herein. This contract
is intended to require a complete and finished piece of work and anything necessary to
complete the work properly and in accordance with the law and lawful governmental
regulations shall be performed by CONTRACTOR whether set out specifically in the
contract or not. Should it be ascertained that any inconsistency exists between the
37
aforesaid documents and this written agreement, the provisions of this Agreement shall
govern. Collectively, these contract documents constitute the complete agreement
between CITY and CONTRACTOR and supersede any previous agreements or
understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its
Bid Proposal [INSERT VALUE] as full compensation for furnishing all materials, performing
all work, and fulfilling all obligations hereunder. Said compensation shall cover all
expenses, losses, damages, and consequences arising out of the nature of the work during
its progress or prior to its acceptance including those for well and faithfully completing
the work and the whole thereof in the manner and time specified in the aforesaid contract
documents; and also including those arising from actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any description connected
with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within [INSERT
VALUE] working days from the date of the notice to proceed. By signing this Agreement,
CONTRACTOR represents to CITY that the contract time is reasonable for completion of
the work and that CONTRACTOR will complete such work within the contract time.
5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is
agreed that CONTRACTOR will pay to CITY the sum of be $250/day for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing
the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is
not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that
may become due CONTRACTOR under the Contract. This Article does not exclude
recovery of other damages specified in the Contract Documents.
6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of
the State of California, CONTRACTOR may request CITY to make retention payments
directly to an escrow agent or may substitute securities for any money withheld by CITY
to ensure performance under the contract. At the request and expense of CONTRACTOR,
securities equivalent to the amount withheld shall be deposited with CITY or with a state
or federally chartered bank as the escrow agent who shall return such securities to
CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an
escrow agent shall be subject to a written agreement substantially in the form provided
in section 22300 of the Public Contract Code.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of
Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers
prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any
38
prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws. 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.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages
are available upon request from CITY’s Engineering Division or the website for State of
California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.
CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098
concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in
any apprenticeship occupation to apply to the joint apprenticeship committee nearest
the site of the public works project and which administers the apprenticeship program in
that trade for a certificate of approval. The certificate must also fix the ratio of
apprentices to journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis state-wide or locally, or
Assignment of an apprentice to any work performed under a public works contract would
create a condition that would jeopardize his or her life or the life, safety, or property of
fellow employees or the public at large, or the specific task to which the apprentice is to
be assigned is of a nature that training cannot be provided by a journeyman.
When CONTRACTOR provides evidence that CONTRACTOR employs registered
apprentices on all of his contracts on an annual average of not less than one apprentice
to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the
administration of apprenticeship programs if CONTRACTOR employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if other
contractors on the public works site are making such contributions.
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CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6
in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
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.
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.
Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and
1777.7 may not perform work on this Project.
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
40
Act of 1986, as may be amended from time to time, and shall require all subcontractors
and sub-subcontractors to comply with the same.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and CONTRACTOR and any
subcontractor under it shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article
3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any
subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar
day during which the laborer, worker or mechanic is required or permitted to labor more
than eight (8) hours in any one calendar day or 40 hours in any one calendar week in
violation of the Labor Code.
9. PUBLIC WORKS CONTRACTOR 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 (DIR). No bid will be accepted nor any contract
entered into without proof of the contractor’s and subcontractors’ current registration
with the DIR to perform public work. 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.
10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring
and enforcement by the DIR. It shall be 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 DIR 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 CITY, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against
CONTRACTOR or any subcontractor.
11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors
may not perform work on a public works project with a subcontractor who is ineligible to
perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any
contract on a public works project entered into between a contractor and a debarred
subcontractor is void as a matter of law. A debarred subcontractor may not receive any
public money for performing work as a subcontractor on a public works contract. Any
41
public money that is paid, or may have been paid to a debarred subcontractor by a
contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible
for the payment of wages to workers of a debarred subcontractor who has been allowed
to work on the project.
12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and
regulations of the federal, state, and local government, including Cal/OSHA requirements
and requirements for verification of employees’ legal right to work in the United States
CONTRACTOR shall maintain emergency first aid treatment for its employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et
seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1,
Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability
of emergency medical services for its employees in accordance with California Code of
Regulations, Title 8, Section 1512.
CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site
specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR
shall maintain a confined space program that meets or exceeds the CITY Standards.
CONTRACTOR shall adhere to CITY’s lock out tag out program
13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay
to each worker needed to execute the work required by this Agreement as such travel
and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.8.
14. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees
("Indemnitees") shall not be answerable or accountable in any manner for any loss or
damage that may happen to the work or any part thereof, or for any of the materials or
other things used or employed in performing the work; or for injury or damage to any
person or persons, either workers or employees of CONTRACTOR, of its subcontractors
or the public, or for damage to adjoining or other property from any cause whatsoever
arising out of or in connection with the performance of the work. CONTRACTOR shall be
responsible for any damage or injury to any person or property resulting from defects or
obstructions or from any cause whatsoever.
To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities
against and will hold and save Indemnitees harmless from any and all actions, claims,
damages to persons or property, penalties, obligations or liabilities that may be asserted
or claimed by any person, firm, entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities of
CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein,
whether or not there is concurrent passive negligence on the part of City. In connection
therewith:
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a. CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorneys' fees, expert fees and costs
incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding
filed or prosecuted against CONTRACTOR for damages or other claims
arising out of or in connection with the work, operation or activities
hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs
and expenses incurred by Indemnitees in such action or proceeding
together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
agreement, to the extent required by Civil Code section 2782, Contractor shall not be
required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement between
the parties or by the findings of a court of competent jurisdiction. In instances where City
is shown to have been actively negligent and where City active negligence accounts for
only a percentage of the liability involved, the obligation of Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract
as shall be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California. This
indemnity provision shall survive the termination of the Agreement and is in addition to
any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverage which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
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CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the CONTRACTOR
regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly
inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event
later than ten (10) business days after CITY receives such claims. Such notification will be
in writing and forwarded in accordance with the “Notice” section of this Agreement. As
more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify
and defend the City against any third-party claim.
16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and
3700, CONTRACTOR and each of its subcontractors will be required to secure the payment
of compensation to its employees. In accordance with the provisions of California Labor
Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am
aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the
Agreement, and for 1 year thereafter, 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 the CONTRACTOR, its agents, representatives, employees, or
subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00
01 covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $5,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1
(any auto), with limits no less than $5,000,000 per accident for bodily injury and
property damage.
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iii. Workers’ Compensation insurance as required by the State of California, with
Statutory Limits, and Employers’ Liability insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special
Perils) coverage form, with limits equal to the completed value of the project
and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per
occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or
Errors and Omissions (if project involves environmental hazards) with limits no
less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the contractor maintains broader coverage and/or higher limits than the
minimums shown above, the CITY requires and shall be entitled to the broader
coverage and/or the higher limits maintained by CONTRACTOR. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the CITY.
b. Self-Insured Retentions. Self-insured retentions must be declared to and approved
by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage
to reduce or eliminate such self-insured retentions as respects the CITY, its officers,
officials, employees, and volunteers; or the CONTRACTOR shall provide a financial
guarantee satisfactory to the CITY guaranteeing payment of losses and related
investigations, claim administration, and defense expenses. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied
by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work
or operations performed by or on behalf of the CONTRACTOR including materials,
parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired, or borrowed by or on behalf of the
CONTRACTOR. General liability coverage can be provided in the form of an
endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG
20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37
forms if later revisions used).
ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall
be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects
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the CITY, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, or volunteers
shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not
be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of
Course of Construction coverage. Such coverage shall name the CITY as a loss
payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the
CITY, an Installation Floater may be acceptable. For such projects, a Property
Installation Floater shall be obtained that provides for the improvement, remodel,
modification, alteration, conversion or adjustment to existing buildings,
structures, processes, machinery, and equipment. The Property Installation
Floater shall provide property damage coverage for any building, structure,
machinery or equipment damaged, impaired, broken, or destroyed during the
performance of the Work, including during transit, installation, and testing at the
CITY’s site.
e. Claims Made Policies. If any coverage required is written on a claims-made coverage
form:
i. The retroactive date must be shown, and this date must be before the execution
date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the contract effective, or start
of work date, the CONTRACTOR must purchase extended reporting period
coverage for a minimum of five (5) years after completion of contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for
review.
v. If the services involve lead-based paint or asbestos identification/remediation, the
Contractors Pollution Liability policy shall not contain lead-based paint or asbestos
exclusions. If the services involve mold identification/remediation, the
Contractors Pollution Liability policy shall not contain a mold exclusion, and the
definition of Pollution shall include microbial matter, including mold.
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f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best rating of no less than A: VII,
unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation
which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the
payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy
shall be endorsed with a waiver of subrogation in favor of the CITY for all work
performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original
Certificates of Insurance including all required amendatory endorsements (or copies
of the applicable policy language effecting coverage required by this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to CITY before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the CONTRACTOR’s obligation
to provide them. The CITY reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these
specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors
maintain insurance meeting all requirements stated herein, and CONTRACTOR shall
ensure that CITY is an additional insured on insurance required from subcontractors.
For CGL coverage, subcontractors shall provide coverage with a form at least as broad
as CG 20 38 04 13.
j. Special Risks or Circumstances. CITY reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties
delegable without the prior written consent of the other party. Any attempted or
purported assignment or delegation of any of the rights of obligations of either party
without the prior written consent of the other shall be void and of no force and effect.
19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY,
a wholly independent contractor. Neither the CITY nor any of its agents shall have control
of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein
set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of
its agents or employees are in any manner agents or employees of CITY.
20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation,
export, import, special or other taxes and duties applicable to, and assessable against any
work, materials, equipment, services, processes and operations incidental to or involved
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in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.
The prices established in the contract shall include compensation for any taxes
CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits,
qualifications, insurance, and approvals of whatsoever nature which are legally required
of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY
that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times
during the term of this Agreement any licenses, permits, insurance, and approvals which
are legally required of CONTRACTOR to practice its profession.
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 five (5) 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 Registrar, Contractors’
State License Board, P.O. Box 26000, Sacramento, California 95826.
22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel,
property, and financial records, adequate to identify and account for all costs pertaining
to this Agreement and such other records as may be deemed necessary by CITY or any
authorized representative, and will be retained for four years after the expiration of this
Agreement. All such records shall be made available for inspection or audit by CITY at any
time during regular business hours.
23. SEVERABILITY: If any portion of these contract documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Agreement will
continue in full force and effect.
24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either
oral or written, between the parties and contains all of the covenants and agreements
between the parties pertaining to the work of improvements described herein. Each party
to this contract acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein, and that any other agreement,
statements or promise not contained in this contract shall not be valid or binding. Any
modifications of this contract will be effective only if signed by the party to be charged.
25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth
hereinafter in execution of this Agreement represent all individuals, firm members,
partners, joint ventures, and/or corporate officers having a principal interest herein. Each
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party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and to bind each respective party. This
Agreement may be modified by written amendment. CITY’s city manager may execute any
such amendment on CITY’s behalf.
26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and
shall be deemed made when delivered to the applicable party’s representative as
provided in this Agreement. Additionally, such notices may be given to the respective
parties at the following addresses, or at such other addresses as the parties may provide
in writing for this purpose. Such notices shall be deemed made when personally delivered
or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage
prepaid, and addressed to the party at its applicable address.
CITY OF ROLLING HILLS
2 Portuguese Bend Rd.
Rolling Hills, CA 90274
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________
27. DISPUTES: 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.
Claims: For purposes of this Section, “Claim” means a separate demand by 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 CONTRACTOR pursuant to the Contract, or (C)
an amount the payment of which is disputed by the CITY. A “Claim” does not include any
demand for payment for which CONTRACTOR has failed to provide notice, request a
change order, or otherwise failed to follow any procedures contained in the Contract
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Documents. Claims governed by this Section may not be filed unless and until
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 fourteen (14) days after a request for change has been denied in whole or in
part or after any other event giving rise to the Claim. 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.
Supporting Documentation: The CONTRACTOR shall submit all claims in the following
format:
Summary of claim merit and price, reference Contract Document provisions
pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or
omissions in the Drawings or Specifications for the Project, CONTRACTOR shall
provide a summary of the percentage of the claim subject to design errors or
omissions and shall obtain a certificate of merit in support of the claim of design
errors and omissions.
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Cover letter and certification of validity of the claim, including any claims from
subcontractors of any tier, in accordance with Government Code section 12650 et
seq.
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 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.
If CITY needs approval 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 CONTRACTOR a written statement identifying the disputed portion and the
undisputed portion.
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.
CITY’s written response to the claim, as further documented, shall be submitted to
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 CONTRACTOR in producing the additional information or requested
documentation, whichever is greater.
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.
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 CONTRACTOR in writing, shall be submitted to nonbinding mediation, with
CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall
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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.
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.
For purposes of this section, mediation includes any nonbinding process, including, but
not limited to, neutral evaluation or a dispute review board, in 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.
Unless otherwise agreed to by CITY and 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.
The mediation shall be held no earlier than the date CONTRACTOR completes the Work
or the date that 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.
Procedures After Mediation. If following the mediation, the claim or any portion remains in
dispute, 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 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.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims
subject to this Section:
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.
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
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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.
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.
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 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 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.
Non-Waiver. CITY’s failure to respond to a claim from 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.
28. NON-DISCRIMINATION: 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. A violation of this
section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
29. 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
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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.
30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract
Agreement to supply goods, services or materials, Contractor hereby offers and agrees to
assign to the Agency 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 Agreement. This assignment shall be made and become effective at the time
the Agency tender final payment to Contractor, without further acknowledgment by the
Parties.
31. NO THIRD PARTY BENEFICIARY: This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s
obligations under this Contract.
32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract
Documents.
33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work
by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as
provided in the contract documents, when the work stopped is on the critical path and
shall not be charged liquidated damages. Such a non-compensable adjustment shall be
CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not
receive an adjustment to the contract price or any other compensation. Contractor must
submit a timely request in accordance with the requirements of the contract documents.
A Force Majeure Event shall mean an event that materially affects a party’s performance
and is one or more of the following: (1) Acts of God or other natural disasters occurring
at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable
delay in the issuance of permits or approvals by governmental authorities that are
required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5)
strikes and other organized labor action occurring at the project site and the effects
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thereof on the work, only to the extent such strikes and other organized labor action are
beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the
extent the effects thereof cannot be avoided by use of replacement workers. For
purposes of this section, “orders of governmental authorities,” includes ordinances,
emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of the City in its capacity as a municipal authority.
34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every
provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including,
but not limited to, the provisions of the California Labor Code and California Public
Contract Code which are applicable to this Work.
35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in
connection with this Contract will be considered signed when the signature of a party is
delivered by facsimile transmission. Such facsimile signature will be treated in all respects
as having the same effect as an original signature.
36. GOVERNING LAW: This Agreement shall be governed by the laws of the State of
California, and exclusive venue for any action involving this Contract will be in Los Angeles
County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the
formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. __
CONTRACTOR
_________________ By: ____________________________________________
Date TITLE
CITY OF ROLLING HILLS, CALIFORNIA
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_________________ By: ____________________________________________
Date PATRICK WILSON, MAYOR
ATTEST:
By: ____________________________________________
Date CHRISTIAN HORVATH, CITY CLERK CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( )
APPROVED AS TO FORM:
_______________________________________________________________
PATRICK DONEGAN, CITY ATTORNEY
__________________
Date
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AGREEMENT OF INDEMNIFICATION
AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION
Equestrian Fence Replacement Project, Job No. 2023-03
Contract/Agreement/License/Permit No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to
defend, protect, indemnify, and hold harmless the City of Rolling Hills and its respective elected
officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively
“Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any
nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs
associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to any act, failure to act, error, or omission
of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen,
suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to the above-referenced contract,
agreement, license, or permit (the “Agreement”) or the performance or failure to perform any
term, provision, covenant, or condition of the Agreement, including this indemnity provision. This
indemnity provision is effective regardless of any prior, concurrent, or subsequent active or
passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any
such negligence. This indemnity provision shall survive the termination of the Agreement and is
in addition to any other rights or remedies which Indemnitees may have under the law. Payment
is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity
provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the
Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees
for any attorney fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a)
Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active
negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).
This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured
endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights
of subrogation and contribution against the Indemnitees, while acting within the scope of their
duties, from all claims, losses and liabilities arising out of or incident to activities or operations
performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent
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active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals
employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,
then all obligations, liabilities, covenants and conditions under this instrument shall be joint and
several.
“Indemnitor”
Name Name
By: By:
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Exhibit B - PROPOSAL
Name of Proposer: ________________________________________________________ The
und ersigned, having examined the proposed Contract Documents titled:
Equestrian Fence Replacement Project, Job No. 2023-03
and having visited the site and examined the conditions affecting the work, hereby proposes
and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations
necessary to complete the work as required by said proposed Contract Documents as itemized
below:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
1 Procure and Install new 3 Rail
White Vinyl Equestrian Fence 1 LS $ $
BASE BID:
_____________________________________ ($___________________________________)
Base Bid Total Sum in Words Base Bid Total Sum in Figures
The City reserves the right to request the unit price of some or all contract items.
_____________________________________ _____________________________________
Name of Bidder
_____________________________________ _____________________________________
Address
The price shall include all State, Federal, and other taxes applicable to the project, and shall be
a firm offer for a period of Ninety (90) days after the date of bid opening.
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Exhibit C - Proposers Qualifications and References
Name of Proposer __________________________________________
THE PROPOSER SHALL COMPLETE THE FOLLOWING STATEMENTS:
1. The proposer has been engaged in the contracting business, under the present business
name, for _____ years.
2. Experience in work of a nature similar to that covered in the Proposal extends over a
period of _____ years.
3. The proposer, as a contractor, has never failed to satisfactorily complete a contract
awarded to him, except as follows (Name any and all exceptions and reasons therefore):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
4. Contractor’s License Number, State of California _______________ Class ______
5. Contractor’s License Expiration Date _____________________________________
6. Department of Industrial Relations (DIR) Registration Number
7. The following contracts have been satisfactorily completed in the last three years for the
persons, firm, or authority indicated; and to whom reference is made. (Name five
contracts and include the total contract amount as well as the original bid amount for
each contract.)
YEAR TYPE OF WORK FINAL
CONTRACT
AMOUNT
ORIGINAL
CONTRACT
AMOUNT
LOCATION AND
FOR WHOM
PERFORMED
A
C
D
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E
E
8. The following persons may be contacted for information concerning the contract work
listed above (list a reference for each contract named).
NAME TITLE ADDRESS TELEPHONE
A
B
C
D
E
9. Reference is hereby made to the following bank or banks as to the financial
responsibility of the proposer:
Bank _________________________________Branch____________________________
Bank _________________________________Branch____________________________
Bank _________________________________Branch____________________________
10. Reference is hereby made to the following surety company or companies as to the
financial responsibility and general reliability of the proposer:
Surety Company ______________________________ Phone ______________________
Surety Company ______________________________ Phone ______________________
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11. Following is a list of plant and equipment that is owned by the bidder and is definitely
available for use on the proposed project:
QUANTITY NAME, TYPE, AND CAPACITY CONDITION LOCATION
(Attach additional sheets as necessary)
12. All of the above statements as to experience, financial qualifications, and available plant
and equipment are submitted in conjunction with the proposal, as a part thereof, and the
truthfulness and accuracy of the information is guaranteed by the Proposer.
Signature of Proposer ______________________________
Name/Title: ______________________________
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Exhibit D - DESIGNATION OF SUBCONTRACTORS
NAME OF PROPOSER
___________________________________________________________
In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act
(Division 2, Part 1), Chapter 4 of the Public Contract Code of the State of California, and any
amendments thereof), each proposer shall set forth below:
1. The name and location of the place of business of each subcontractor who will perform
work or labor or render service to the Contractor in or about the construction of the work
or improvement, or a subcontractor licensed in the State of California who, under
subcontract to the Contractor, specially fabricates and installs a portion of the work or
improvement according to detailed drawings contained in the plans and specifications, in
an amount in excess of one-half of one percent of the Contractor's total bid.
2. The portion and estimated dollar amount of the work which will be done by each
subcontractor. The Contractor shall list only one subcontractor for each portion as is
defined by the Contractor in his bid.
Please type or legibly print (attach additional sheets as necessary).
Name of Subcontractor City Portion Estimated $ Amount
Name:
License No.
License Class
DIR Registration No.
Name:
License No.
License Class
DIR Registration No.
Name:
License No.
License Class
DIR Registration No.
Name:
License No.
License Class
DIR Registration No.
Name:
License No.
License Class
DIR Registration No.
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Name:
License No.
License Class
DIR Registration No.
Circumvention by the Contractor of the requirement under Section 4104 of the Public Contract
Code to list his subcontractors, by the device of listing another contractor who will in turn sublet
portions constituting the majority of the work covered by this contract, shall be considered a
violation of Division 2, Part 1, Chapter 4 of the Public Contract Code and shall subject the
Contractor to the penalties set forth in Sections 4110 and 4111 of the Public Contract Code.
If the Contractor fails to specify a subcontractor or if the Contractor specifies more than one
subcontractor for the same portion for work to be performed under the contract in excess of
one-half of one percent of the Contractor's total bid, he agrees that he/she is fully qualified to
perform that portion himself/herself, and that he/she shall perform that portion himself/herself. If
after award of contract, the Contractor subcontracts, except as provided for in Sections 4107 or
4109 of the Public Contract Code, any such portion of the work, the Contractor shall be subject
to the penalties named in Section 4111 of the Public Contract Code.
The Contractor shall not:
A. Substitute any person as subcontractor in place of the subcontractor listed in the original
bid, except that the City may, except as otherwise provided in Section 4107.5 of the
Public Contract Code, consent to the substitution of another person as subcontractor:
1. When the subcontractor listed in the bid, after having had a reasonable opportunity
to do so, fails or refuses to execute a written contract, based upon the general terms,
conditions, plans and specifications for the project involved or the terms of such
contractor's written bid, is presented to him/her by the Contractor, or
2. When the listed subcontractor becomes bankrupt or insolvent, or
3. When the listed subcontractor fails or refuses to perform his/her subcontract, or
4. When the listed subcontractor fails or refuses to meet the bond requirements of the
Contractor as set forth in Section 43108 of the Public Contract Code, or
5. When the Contractor demonstrates to the City, subject to the further provisions set
forth in Section 4107.5 of the Public Contract Code, that the name of the
subcontractor was listed as the result of an inadvertent clerical error, or
6. When the listed subcontractor is not licensed pursuant to the Contractors License
Law, or
7. When the City determines that the work performed by the listed subcontractor is
substantially unsatisfactory and not in substantial accordance with the plans and
specifications, or that the subcontractor is substantially delaying or disrupting the
progress of the work.
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B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be
performed by anyone other than the original subcontractor listed in the original bid,
without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from
the original contract, sublet or subcontract any portion of the work in excess of one-half
of one percent of the Contractor's total bid as to which his original bid did not designate a
subcontractor.
Prior to approval of a Contractor's request for a subcontractor substitution, the City will give
notice in writing to the listed subcontractor of the Contractor's request to substitute and of the
reason for the request. The notice will be served by certified or registered mail to the last known
address of the subcontractor. The listed subcontractor who has been so notified shall have five
working days within which to transmit to the City written objections to the substitution. Failure to
file these written objections shall constitute the listed subcontractor's consent to the substitution.
If written objections are filed, the City will give notice in writing of at least five working days to
the listed subcontractor of a hearing by the City on the Contractor’s request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a
subcontractor, shall within two working days after the time of the bid opening by the City, give
written notice to the City and copies of such notice to both the subcontractor he claims to have
listed in error and the intended subcontractor who had bid to the Contractor prior to the bid
opening.
Subletting or subcontracting of any portion of the work in excess of one-half of one percent of
the Contractor's total bid as to which no subcontractor was designated in the original bid shall
only be permitted in cases of public emergency or necessity, and then only after a finding
reduced to writing as a public record of the City setting forth the facts constituting the
emergency or necessity.
If the Contractor violates any of the provisions of Division 2, Part 1, Chapter 4 of the Public
Contract Code or any amendments thereof, the Contractor violates his contract and the City
may exercise the option, in its own discretion, of (1) canceling its contract, or (2) assessing the
Contractor a penalty in an amount not more than ten percent of the amount of the subcontract
involved, and this penalty shall be deposited in the fund out of which the prime contract is
awarded. In any proceedings under Section 4110 of the Public Contract Code the Contractor
shall be entitled to a public hearing and to five days notice of the time and place thereof.
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From:Accounting
To:John Signo; ; Christian Horvath
Subject:Bennett Landscape - rfp
Date:Monday, April 10, 2023 7:32:04 AM
Good Morning
In the spirit of professionalism, I am bringing these concerns to you. As I have mentioned before, we
have installed wooden fence and would like the opportunity to quote this entry fence.
I have read thru the RFP 2023-03 Equestrian Fence Replacement Project and have some questions:
Project work includes the following tasks – please delete the sentence starting “The general
items of work include removal of an existing diesel emergency generator, removal of
waterproofing on the emergency generator building, removal of soil around the emergency
generator building, electric services required for removal of the emergency generator and
verification of condition of existing electrical conduits for future use.” This is the previous
job.
It is the City’s prerogative to choose a class license to bid responses. Please open this up to C-
27 and get more responses. C-27 is a broad category for these skilled trades as masonry,
fencing, sprinklers, drainage etc.
Scope does not recommend removing old concrete footings so it won’t interfere with
installation.
Installation detail – would you like a sample?
Recommend that the existing header board be removed and replaced with metal header
board in the inside of the ports.
Bottom of page 1… duplicate paragraphs
Heading of plant and equipment list …#11, what does “plant” refer to?
If you have any questions, please call me.
Thank you!
Sean
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BACKGROUND
The City of Rolling Hills (“City”) is an equestrian friendly city with numerous equestrian paths
throughout the community. Equestrian paths adjacent to roads have fencing separating the
equestrian paths. The equestrian path along Portuguese Bend Road in front of the City Hall facility
had deteriorated and was removed to accommodate landscape maintenance. The City is seeking
qualified firms to procure and install new equestrian fencing on both sides of the equestrian path
to replace the fencing that was removed.
REQUIREMENTS:
The City is requiring the new fencing match in style the existing fencing (3 rail) and that the new
fencing is white vinyl in lieu of wood fencing previously used and existing in some places. Refer
to Attachment A for a street view of the existing fencing along Portuguese Bend Road (before it
was removed.).
The approximate length of the equestrian path requiring new fencing is 180 feet, refer to
Attachment B for approximate location of fencing that would be required. The Contractor/Vendor
would be required to confirm length. Refer to Attachment C for pictures of the path as it currently
exists.
The selected firm would be required to remove the existing footings (fence was previously
removed, footings are still in place), procure and install the equestrian fencing to replace the
fencing removed. Each firm submitting a proposal will be required to include the name of the
manufacturer they will be procuring the materials from and include approximate dimensions of
the fencing they are proposing. The selected firm will be required to :
•Provide an installation detail for the proposed fencing.
•Remove the existing header board and replace with a metal header board in the inside
of the ports.
•Provide all materials and labor required to install the new equestrian fence and may be
required to submit manufacturers cut sheets and/or shop drawings as part of the project.
Page 1
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Notice to Contractors Inviting Proposals
April 11, 2023
NOTICE IS HEREBY GIVEN that proposals for performing the following described work will be
received by the City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California, until 2:00
P.M. on May 2, 2023. Proposals are to be submitted electronically via email to
cityclerk@cityofrh.net and alanmpal@gmail.com.
Equestrian Fence Replacement, Project, Job No. 2023-03
The project work shall include the following tasks:
The work to be done consists of furnishing all materials, equipment, tools labor, and incidentals
as required by the RFP and contract documents. The general items of work include removal of
existing fence footings and installing new equestrian 3 rail White Vinyl fencing for the equestrian
path adjacent to Portuguese Bend Road.
Bidders shall have an active Class “B” (General Building Contractor), Class “C13” (Fencing
Contractor), or Class “C27” (Landscaping Contractor) license from the Contractor’s State
License Board, a minimum of 5 years of applicable experience and 5 recently completed similar
public works projects, at the time of submitting bid.
The project contract shall be completed, and facility shall be made ready for service within 30
working days after the Notice to Proceed is issued.
In accordance with Labor Code Section 1770 et seq., this Project is a “public work,” and thus,
the Contractor and any Subcontractors must pay wages in accordance with the determination of
the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per
diem wages. Copies of those rates are on file with the Director of Public Works and are
available to any interested party upon request. Contractor shall post a copy of the DIR’s
determination of the prevailing rate of per diem wages at each job site.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)].
Five percent of the payments due to the successful Contractor shall be withheld by City as
retention for performance security, but the Contractor may substitute securities for said retention
pursuant to Section 7.04 of the General Conditions.
Proposals (bids) to perform the work shall be made on the forms provided by the City and shall
be submitted complete. In order to qualify to bid this project, bidders must obtain and properly
Page 2 76
Exhibit C - Proposers Qualifications and References
Name of Proposer __________________________________________
THE PROPOSER SHALL COMPLETE THE FOLLOWING STATEMENTS:
1. The proposer has been engaged in the contracting business, under the present business
name, for _____ years.
2.Experience in work of a nature similar to that covered in the Proposal extends over a
period of _____ years.
3. The proposer, as a contractor, has never failed to satisfactorily complete a contract
awarded to him, except as follows (Name any and all exceptions and reasons therefore):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
4.Contractor’s License Number, State of California _______________ Class ______
5.Contractor’s License Expiration Date _____________________________________
6.Department of Industrial Relations (DIR) Registration Number
7.The following contracts have been satisfactorily completed in the last three years for the
persons, firm, or authority indicated; and to whom reference is made. (Name five
contracts and include the total contract amount as well as the original bid amount for
each contract.)
YEAR TYPE OF WORK FINAL
CONTRACT
AMOUNT
ORIGINAL
CONTRACT
AMOUNT
LOCATION AND
FOR WHOM
PERFORMED
A
B
C
Page 28 77
D
E
8.The following persons may be contacted for information concerning the contract work
listed above (list a reference for each contract named).
NAME TITLE ADDRESS TELEPHONE
A
B
C
D
E
9.Reference is hereby made to the following bank or banks as to the financial
responsibility of the proposer:
Bank _________________________________Branch____________________________
Bank _________________________________Branch____________________________
Bank _________________________________Branch____________________________
10.Reference is hereby made to the following surety company or companies as to the
financial responsibility and general reliability of the proposer:
Surety Company ______________________________ Phone ______________________
Surety Company ______________________________ Phone ______________________
Page 29 78
11.Following is a list of equipment that is owned by the bidder and is definitely available for
use on the proposed project:
QUANTITY NAME, TYPE, AND CAPACITY CONDITION LOCATION
(Attach additional sheets as necessary)
12.All of the above statements as to experience, financial qualifications, and available
equipment are submitted in conjunction with the proposal, as a part thereof, and the
truthfulness and accuracy of the information is guaranteed by the Proposer.
Signature of Proposer ______________________________
Name/Title: ______________________________
Page 30
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Agenda Item No.: 8.H
Mtg. Date: 04/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:RECEIVE AND FILE AN UPDATE ON WIRELESS COMMUNICATION
FACILITIES APPLICATIONS AND ACTIVITIES
DATE:April 10, 2023
BACKGROUND:
Existing wireless facilities in the City are in need of upgrades so residents have adequate
cellphone coverage during an emergency. This became apparent a few weeks when a
resident needed medical attention during a storm but had difficulties contacting emergency
responders due to poor cellphone coverage.
DISCUSSION:
In March 2023, the City approved 14 wireless applications to upgrade and maintain existing
facilities operated by T-Mobile. New wireless applications are expected to be submitted soon
and an updated Wireless Ordinance would help protect the City and assist with expediting
modifications to existing facilities as required by federal law.
The current Ordinance, which was last updated in 2004, does not address new legislation for
"eligible facilities" nor addresses the "shot clock" requirement which is meant to expedite
modifications to existing facilities.
Staff has met with the City Attorney's office to discuss updating the Wireless Ordinance. In the
upcoming weeks, staff and the City Attorney’s Office will be working on updates to the
Ordinance, preparing forms and checklists, and drafting standard conditions applicable to
wireless facilities.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
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Agenda Item No.: 12.A
Mtg. Date: 04/10/2023
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:RECEIVE AND FILE A REPORT FROM THE APRIL 6, 2023 SOLID
WASTE AND RECYCLING COMMITTEE (VERBAL)
DATE:April 10, 2023
BACKGROUND:
At the March 27, 2023 meeting the City Council received a presentation from Finance Director
Robert Samario on the development of policies for refuse service billings. After some
discussion, the Council voted to send to the Solid Waste and Recycling Committee for further
evaluation and recommendations.
DISCUSSION:
The Committee met on April 6, 2023 after the City Council agenda was finalized and will
present their recommendations to the Council for discussion and potential action.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file. Provide direction to staff.
ATTACHMENTS:
CL_AGN_230410_CC_12A_SWC_Recs.pdf
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SOLID WASTE AND RECYCLING COMMITTEE
RECOMMENDATION ON DEVELOPMENT OF POLICIES OR AN ORDINANCE FOR
APPLICABLE TO REFUSE SERVICE BILLINGS
1. Use a policy approach vs a mandatory ordinance.
2. Adopt a policy that:
a. Establishes that all developed parcels, including those with any structures, be
billed for refuse services.
b. Exempts undeveloped parcels (vacant lots) from being billed unless they opt in.
3. After adopting the policy, send a letter to the owners of the vacant, undeveloped, lots to
advise them of:
a. The exemption from the annual assessment for refuse services
b. Their restriction from any and all services provided by Republic, including the
communal services provided by Republic.
c. Their responsibilities for properly managing and disposing of their refuse in
accordance with the requirements set forth by State law.
d. The ability to opt into the services provided by the City through Republic and
thereby agreeing to being assessed at the same rate.
4. Coordinate with Republic Services as to which undeveloped properties should not be
receiving services.
5. Any disputes or complaints from residents about these policies will be addressed on a
case by case basis.
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Agenda Item No.: 12.B
Mtg. Date: 04/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:ALAN PALERMO, PROJECT MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH BOLTON ENGINEERS TO REVISE THE
TENNIS ADA IMPROVEMENT PLANS AND FILE CONSTRUCTION
PERMITS WITH LOS ANGELES COUNTY BUILDING AND SAFETY
DEPARTMENT FOR THE ADA IMPROVEMENTS AT THE TENNIS
COURTS.
DATE:April 10, 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 Los
Angeles County Building and Safety (LACBS). Bolton Engineering was in the process of
responding to corrections when the process was put on hold. At the May 10, 2021 City
Council meeting, staff presented Amendment 1 to Bolton Engineering's Professional Service
Agreement to have Bolton Engineering bring the project to completion and conduct on site
inspections 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.
This action was approved at that meeting.
DISCUSSION:
The Americans with Disabilities Act (ADA) improvement plans for the tennis court area were
submitted to LACBS for a grading permit on December 15, 2022. LACBS provided plan check
comments on the submittal on March 3, 2023. Upon review of the comments a meeting was
arranged and held between the Rolling Hills Community Association (RHCA) and Bolton
Engineering to coordinate the multiple projects planned for the tennis court facility.
Subsequently, it was determined the Tennis Court ADA improvement project would proceed
with improvements needed for ADA purposes only, and also accounting for planned future
improvements. The plans would need to be revised to eliminate design elements that would
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be included with the future projects (new cabana, retaining walls, etc.) that currently show on
the improvement plans submitted to LACBS. This direction was conveyed to Bolton
Engineering and they submitted a change order request to revise the plans as directed. Bolton
Engineering submitted a change order in the amount of $4,000 to revise the plans as
requested and continue with the review and permit process with LACBS. Bolton Engineering's
change order request is attached along with a full plan of the proposed changes.
FISCAL IMPACT:
The proposed change order for $4,000 will be covered under the capital improvement budget
for the tennis courts improvement.
RECOMMENDATION:
Consider and approve second amendment to the Professional Service Agreement with Bolton
Engineering to revise previously prepared plans and continue with permitting through Los
Angeles County Building and Safety.
ATTACHMENTS:
Civil CO#2-Tennis Court ADA Access.pdf
C-GRADING PLAN_Tennis Court_concept revised limits of grading_AP Comments.pdf
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Bolton Engineering Corporation
25834 Narbonne Ave. Suite 210
Lomita, CA 90717
tel (310) 325-5580 fax (310) 325-5581
March 24, 2023
City of Rolling Hills
Attention: Alan Palermo
Subject: CO#2
Civil Engineering Services for
Tennis Court ADA Access
Dear Mr. Palermo;
Per our call this week, we have been given direction to prepare updates to the previously prepared civil
engineering drawings, for the Tennis Court ADA Access project. Given this, we propose the following
Change Order #2 to the previously approved scope of services for Civil Engineering:
I. Scope of Work
A. Revise grading plans to eliminate proposed cabana, adjacent hardscape and north retaining
wall, and revise to graded pad and slope. Revise associated drainage to accommodate. Revise
alignment of walls adjacent to tennis court to accommodate future tennis court expansion. Per
attached exhibit from City staff.
Proposed Fee: $4,000.00
We proposed to conduct this work in accordance with our previously executed beginning work
authorization. To authorize work under the outlined terms, please sign and initial one copy of this
document and return to our offices. Thank you for the opportunity to provide services on this project.
Regards,
BOLTON ENGINEERING CORP.
Dan Bolton, PE
Accepted By:
Signature Date
Title
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N 25°29'55" E333.74'N 25°29'55" E282.16'N 49°33'40" W173.58'AS SHOWNBolton Engineering Corp.
Civil Engineering and Surveying
25834 Narbonne Avenue Suite 210
Lomita, Ca. 90717
Ph: 310-325-5580 Fax: 310-325-5581C1.010102010ANY UNDERGROUND UTILITIES OR STRUCTURES SHOWN ON THESE PLANS WEREPLOTTED FROM CITY RECORDS. NO ADDITIONAL UTILITY OR SUBSTRUCTURE RESEARCHHAS BEEN PERFORMED. THE CONTRACTOR SHALL DETERMINE THE EXISTENCE AND THETRUE HORIZONTAL AND VERTICAL LOCATION AND SIZE OF ANY UNDERGROUND UTILITIESOR STRUCTURES AND SHALL BE RESPONSIBLE FOR PROTECTION, ADJUSTMENT, ORDAMAGE TO ANY PUBLIC OR PRIVATE UTILITIES SHOWN OR NOT SHOWN HEREON. THECONTRACTOR SHALL ALSO BE RESPONSIBLE FOR NOTIFYING U.S.A./DIG ALERT AT1-800-227-2600 FOR UNDERGROUND UTILITY MARKING AT LEAST 48 HOURS PRIOR TOCOMMENCING ANY CONSTRUCTION. CONSTRUCTION SHALL NOT COMMENCE PRIOR TOSAID UNDERGROUND UTILITY MARKING.UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAJ:\8080P.1_City Tennis Court Parcel\dwg\C-GRADING PLAN_Tennis Court_2020.dwg, 3/10/2023 8:49:29 AM87
N 25°29'55" E333.74'N 25°29'55" E282.16'N 49°33'40" W173.58'AS SHOWNBolton Engineering Corp.
Civil Engineering and Surveying
25834 Narbonne Avenue Suite 210
Lomita, Ca. 90717
Ph: 310-325-5580 Fax: 310-325-5581C1.010102010ANY UNDERGROUND UTILITIES OR STRUCTURES SHOWN ON THESE PLANS WEREPLOTTED FROM CITY RECORDS. NO ADDITIONAL UTILITY OR SUBSTRUCTURE RESEARCHHAS BEEN PERFORMED. THE CONTRACTOR SHALL DETERMINE THE EXISTENCE AND THETRUE HORIZONTAL AND VERTICAL LOCATION AND SIZE OF ANY UNDERGROUND UTILITIESOR STRUCTURES AND SHALL BE RESPONSIBLE FOR PROTECTION, ADJUSTMENT, ORDAMAGE TO ANY PUBLIC OR PRIVATE UTILITIES SHOWN OR NOT SHOWN HEREON. THECONTRACTOR SHALL ALSO BE RESPONSIBLE FOR NOTIFYING U.S.A./DIG ALERT AT1-800-227-2600 FOR UNDERGROUND UTILITY MARKING AT LEAST 48 HOURS PRIOR TOCOMMENCING ANY CONSTRUCTION. CONSTRUCTION SHALL NOT COMMENCE PRIOR TOSAID UNDERGROUND UTILITY MARKING.UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAJ:\8080P.1_City Tennis Court Parcel\dwg\C-GRADING PLAN_Tennis Court_2020.dwg, 3/10/2023 8:49:29 AM88
Agenda Item No.: 13.A
Mtg. Date: 04/10/2023
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:RECEIVE AND FILE INFORMATION UPDATE ON KNOW YOUR ZONE
CAMPAIGN, PVPREADY WEBSITE, AND ZONEHAVEN PLATFORM
LAUNCH
DATE:April 10, 2023
BACKGROUND:
The County of Los Angeles Office of Emergency Management (OEM) is collaborating with
local jurisdictions located in Very High Fire Severity Zones for the development of evacuation
zones and processes supported by the evacuation platform (currently known as the
Zonehaven Evacuation Project). The system is a cloud-based evacuation management
platform that leverages critical data and assists local public safety personnel (i.e., Los Angeles
County Fire and Sheriff Departments and Palos Verdes Estates Police Department) by
providing actionable insight to emergency responders and the public in the event of a disaster.
The system also serves as a tool for evacuation pre-planning and assists during real world
incidents. The project's overarching goal is to develop a centralized online interactive map that
divides a local city into evacuation zones based on geography, threat direction, jurisdictional
boundaries, population density, and other regional and/or city specific factors.
OEM is offering this resource to the Palos Verdes Peninsula cities at no cost for up to three
years. City staff has been working closely with OEM over the past year to form the evacuation
zones within the system in coordination with Los Angeles County Fire and Sheriff Departments
and Palos Verdes Estates Police Department, with reports shared periodically with the
Peninsula Public Safety Committee (PPSC.) Once ready to launch, the system will be public
facing for the community to become acquainted with their respective zone and possible
evacuation routes.
At the January 23, 2023 City Council meeting, the Council approved a Memorandum of
Understanding between the Palos Verdes Peninsula Cities for a 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, to develop a "Know Your Zone" campaign
including the development of a website to share information with Peninsula residents.
89
DISCUSSION:
Staff members from the four Peninsula cities have been meeting regularly since last year in
preparation for the launch of the Zonehaven platform. In order to ensure the Peninsula-wide
community understands what their evacuation zones are in the event of an emergency, staff
has been working to develop a multi-pronged educational and informative marketing "Know
Your Zone" campaign to build awareness.
The goal is to have a soft launch of the website (PVPready.gov) in mid-April and then follow
with a promotional and educational campaign directed at Peninsula residents to coincide with
Wildfire Awareness Month in May. The working team is collaborating on messaging, creating a
toolkit of branding elements and an outreach strategy for ensuring we reach as many
residents repeatedly over a defined period, likely three to five months. Attached are some
examples of the what the homepage of the website will look like.
The following are considered stakeholders for this project and staff intends to solicit their
partnerships in the distribution of materials and promotion of information:
Palos Verdes Chamber of Commerce
Parent-child groups, PTA’s
Palos Verdes Peninsula Unified School District,
City advisory bodies (Regional Law & Peninsula Safety Committees), City Council,
Library District
Daily Breeze/PV News, Palos Verdes Magazine, Peninsula Magazine, PV Patch, PV
Pulse, Easy Reader, City News Service, KCAL-9, KNX
Neighborhood Watch, Neighborhood Homeowner Associations
Palos Verdes Seniors, Peninsula Village, PVE-CARES
Rotary, Kiwanis, youth volunteer organizations, Scouts, 4-H
Palos Verdes Transit, Metro
Equestrians, Faith-based organizations
The campaign, at this time, is intended to be spread out over the coming months with a high
concentration of messaging up-front and then a tapering as time goes on. Some examples of
messaging the city staff members are discussing within this timeframe include:
Week 1 (week April 24): Coming Soon- what is it?
Eblast Message | Social Media
Week 2 (week May 1): Launch – Why?
Press Release | Eblast Message | Social Media
Week 3 (week May 8): What’s your Zone?
Eblast Message | Social Media | RPVtv plug
Week 4 (week May 15): Why it’s important
Week 5 (week May 11): Memorize your Zone
Week 6 (week May 29): How to use your Zone
Month 2 (June) - 2 messages
90
Have you found your Zone?
Scenario to use your Zone
Month 3 (July): Partnerships utilizing Zones
Month 4 (August): Know Your Zone - Importance
Month 5 (September): Scenario to use your Zone
School Networking
Month 6 (October): Emergency Readiness Importance
PVP Emergency Expo
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
PS_ZON_230410_KnowYourZoneCampaign_sample.pdf
91
Know Your Zone Logo
Know Your Zone Website (Design/Build In Progress)
92
Agenda Item No.: 13.B
Mtg. Date: 04/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:RECEIVE AND FILE A REPORT ON THE MARCH 23, 2023 TRAFFIC
COMMISSION MEETING
DATE:April 10, 2023
BACKGROUND:
The Traffic Commission met on Thursday, March 23, 2023, to discuss the following items:
Report from the Sheriff's Department for traffic statistics from November 2022 to
February 2023
Driveway and Apron Widening at 4 Poppy Trail (Zoning Case No. 22-51): Commission
approved the driveway widening on a 3-0 vote.
Commissioners Margeta and Virtue were absent from the meeting.
DISCUSSION:
Report from the Sheriff's Department
The staff report provided traffic statistics provided by the Sheriff's Department for the period
between November 2022 and February 2023. It also indicated the Sheriff's Department had
provided 12 hours each month of supplemental traffic enforcement for the last quarter of 2022.
A presentation was made by Deputy Darlene Lopez of the Los Angeles County Sheriff's
Department on traffic statistics for the City of Rolling Hills. Deputy Lopez reported that Deputy
Ochoa, the motorcycle deputy who regularly patrols Rolling Hills and issues speeding citations
using Light Detection and Ranging (LIDAR), was involved in an accident and has been out for
several months. His return is indefinite. The Department does not have a replacement who
can enforce speeding violations using LIDAR at this time. As such, all of the citations issued
during the given period were stop sign violations. The Traffic Commission emphasized that
speeding in the community is a more severe violation than stop sign violations due to
pedestrians and horses on the roads. They were particularly concerned about speeding
violations along Crest Road and Portuguese Bend Road. Deputy Lopez indicated
supplemental traffic enforcement is on a voluntary basis and officers are paid overtime.
However, since there is a shortage of patrol deputies and many are overworked, there have
93
not been many volunteers. This concerned the Traffic Commission.
Following the meeting, Deputy Lopez relayed the Traffic Commission’s concerns about a lack
of deputies and speeding violations to Sergeant Tina McCoy. Staff followed up with Sergeant
McCoy and she indicated they are looking to hire deputies who are LIDAR trained. She is
aware of the Traffic Commission's concerns about speeding and s ince the Traffic Commission
meeting, the Sheriff's Department has been able to issue speeding tickets based on other
techniques. One such technique is pacing in which a deputy follows a vehicle and bases its
speed on the speed of the patrol vehicle. There is an officer who patrols Rolling Hills who is
currently going through LIDAR training.
Driveway and Apron Widening at 4 Poppy Trail (Zoning Case No. 22-51)
The Traffic Commission approved the driveway and apron widening for 4 Poppy Trail on a 3-0
vote. The widening is necessary for a proposed new single-family residence which is currently
being reviewed by the Planning Commission. The City's Traffic Engineer was able to provide
her review and recommendation for approval before the Commission voted. The driveway will
be widened from 10 feet to 20 feet and the apron will be widened from 13 feet to
approximately 23 feet to connect to an existing "bulge" on Poppy Trail.
FISCAL IMPACT:
The Sheriff's Department has a supplemental overtime fund that covers the City of Rolling
Hills. Officers act on the supplemental overtime fund on a voluntary basis. Traffic enforcement
is paid under the City's General Fund.
The City's Traffic Engineer, Vanessa Munoz of Willdan Engineering, is paid from the Traffic
Safety Fund of the General Fund.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
Nov 2022 - Feb 2023 RH Traffic.pdf
94
November 2022 ROLLING HILLS TRAFFIC ENFO23RE010609DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY11/7/2022 Crest Road/Southfield Dr Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Southfield Dr Stop Sign 0 1 DuarteCrest Road/Southfield Dr Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte Crest Road/Southfield Dr Stop Sign 1 0 Duarte11/14/2022 Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Caballeros Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 01Duarte Crest Road/Portuguese Bend Rd Stop Sign 0 1 Duarte Inventory List4/6/202395
December 2022 Rolling Hills Traffic Enforcemen23RE010752DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY12/12/2022 Crest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 0 Duarte Crest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte12/19/2022 Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Caballeros Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 10Duarte Inventory List4/6/202396
January 2023 ROLLING HILLS TRAFFIC ENFOR23RE010886DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY1/23/2023 Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 Duarte1/28/2023 Eastfield/Open Brand Road Stop Sign 0 1 ClotworthyEastfield/Open Brand Road Stop Sign 0 1 ClotworthyEastfield/Open Brand Road Stop Sign 0 1 Clotworthy Inventory List4/6/202397
February Rolling Hills Traffic Enforcement23RE0101014DATELOCATION VIOLATION SPEEDRESIDENT CITESNON-RESIDENT CITESDEPUTY2/19/2023 Eastfield Dr/Outrider Rd Stop Sign 0 1 ClotworthyEastfield Dr/Outrider Rd Stop Sign 1 0 ClotworthyEastfield Dr/Outrider Rd Stop Sign 1 0 ClotworthyEastfield Dr/Outrider Rd Stop Sign 1 0 Clotworthy2/20/2023 Crest Road/Portuguese Bend Rd Stop Sign 0 1 Duarte Crest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Southfield Dr Stop Sign 0 1 DuarteCrest Road/Caballeros Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 Duarte Crest Road/Caballeros Rd Stop Sign 1 0 Duarte2/27/2023 Crest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 01Duarte Crest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 1 0 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteCrest Road/Portuguese Bend Rd Stop Sign 0 1 DuarteInventory List4/6/202398
Agenda Item No.: 15.A
Mtg. Date: 04/10/2023
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE
ENFORCEMENT QUARTERLY REPORT FOR THE FIRST QUARTER OF
2023 (JANUARY 1 THROUGH MARCH 31)
DATE:April 10, 2023
BACKGROUND:
The Code Enforcement division provides quarterly updates on fuel abatement cases which
consist of active and closed cases. The attachments show active and closed cases consisting
of dead vegetation and other code violations for the first quarter of 2023. Also included is a list
of cumulative open cases.
DISCUSSION:
During the first quarter of 2023, there were a total of 11 cases closed, including 4 dealing with
vegetation or dead trees; 4 cases were opened, including 1 involving dead vegetation. In total,
code enforcement is working on 11 open cases, of which 5 deal with vegetation or dead trees.
The City's previous code enforcement contract ended on December 31, 2022. The City then
obtained 4LEAF, Inc., who began providing code enforcement services starting January 31,
2023. Due to the transition, there have been few cases opened during the first quarter. The
winter weather has also made it challenging to distinguish dead vegetation from dormant ones
and Code Enforcement has been very careful not to cite owners who are not in violation.
There have been drainage issues over the past few months caused by faulty irrigation lines or
excessive stormwater, but code cases have not been opened if the owner deals with the issue
immediately or if there is no actual violation. The Code Enforcement Division is continuing to
use iWorQ to generate quarterly updates and track code enforcement and fire fuel abatement
cases. Those reports are attached.
FISCAL IMPACT:
Code enforcement services is provided contractually and payment is made from the General
Fund.
RECOMMENDATION:
99
Receive and file.
ATTACHMENTS:
CE_QRP_2023_Q1_Opened_Cases.pdf
CE_QRP_2023_Q1_Closed_Cases.pdf
CE_QRP_2023_Q1_Cumulative_Open_Cases.pdf
100
Page: 1 of 1
1st Qtr. 2023
Opened Cases
1/1/2023 - 03/31/2023
Case Date Address of Violation Description Main Status
3/15/2023 6 Bowie Road Broken water/drainage line Open
2/21/2023 2 Crest Rd W Dead vegetation, visible from Portuguese Bend Rd Open
2/14/2023 28 Portuguese Bend Rd Broken Fence/Dead Vegetation Open
1/5/2023 5 Crest Road East Illegal construction Open
Total Records: 4 4/3/2023
101
Page: 1 of 1
1st Qtr.
Closed Cases
1/1/2023 - 3/31/2023
Case Date Address of
Violation
Description Main
Status
Case
Closed
5/17/2022 5 Sagebrush Ln Unpermitted Construction Closed 1/10/2023
6/3/2021 1 Hackamore Road Illegal construction, unpermitted. Boat stored
in prohibited location.
Closed 1/27/2023
6/24/2020 61 Eastfield Drive Grading and Drainage Closed 2/9/2023
11/23/2021 2 Acacia Lane Unpermitted replacement of roof on guest
house, unpermitted demolition of pool deck,
and no C&D permit.
Closed 2/10/2023
10/4/2022 15 Upper Blackwater
Canyon Rd
Dead Trees & Discarded Tree Trimmings Closed 2/14/2023
2/9/2023 18 Crest Road East Broken irrigation line or malfunctioning
timer/sprinklers; water draining onto trail
and Crest Road East
Closed 2/21/2023
8/16/2022 1 Sagebrush Lane Dead Trees Closed 3/7/2023
7/7/2022 7 Crest Rd. West Unpermitted construction to the interior of
resident
Closed 3/14/2023
11/1/2022 2950 Palos Verdes
Drive
Dry Noxious Growths and Trash Closed 3/17/2023
10/12/2022 64 Portuguese Bend
Road
Large event with lights and music Closed 3/17/2023
8/16/2022 24 Portuguese Bend
Road
Dead Trees Closed 3/28/2023
Total Records: 11 4/4/2023
102
Page: 1 of 1
Cumulative Open
Cases
Cumulative Open Cases
Case Date Address of Violation Description Main Status
3/15/2023 6 Bowie Road Broken water/drainage line Open
2/21/2023 2 Crest Rd W Dead vegetation, visible from Portuguese Bend Rd Open
2/14/2023 28 Portuguese Bend Rd Broken Fence/Dead Vegetation Open
1/5/2023 5 Crest Road East Illegal construction Open
12/13/2022 21 Portuguese Bend Rd Broken Fence Open
11/8/2022 69 Portuguese Bend Rd Unpermitted structure (chicken coop) built w/o
approval and permits
Open
11/3/2022 20 Chuckwagon Road New Retaining Wall without Permits, Dead Pine Tree. Open
9/22/2022 29 Middleridge Ln S Extensive grading and importing of soil. Dead
shrubs/trees/vegetation on the property (visible from
the road).
Open
6/9/2022 4 Spur Ln Dead/Dry vegetation Open
4/21/2021 2 Buggy Whip Drive broken fence and trash Open
3/11/2020 2950 Palos Verdes Drive Expired Permit Open
Total Records: 11 4/3/2023
103
Agenda Item No.: 15.B
Mtg. Date: 04/10/2023
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:RECEIVE AND FILE UPDATE ON CITY MANAGER'S DISCUSSION
WITH THE OTHER PALOS VERDES PENISULA CITY MANAGERS
REGARDING SUPPORT FOR PENINSULA WIDE EMERGENCY
NOTIFICATION SIREN STUDY AND PURSUIT OF GRANTS (VERBAL)
DATE:April 10, 2023
BACKGROUND:
None
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
104
Agenda Item No.: 16.A
Mtg. Date: 04/10/2023
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:April 10, 2023
BACKGROUND:
None
DISCUSSION:
None
FISCAL IMPACT:
None
RECOMMENDATION:
None.
ATTACHMENTS:
105