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Poppy Trail Landslide Winterization Measures
DELTA; takamithici January 19, 2010 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Tony Dehlerbruch, City Manager GDC No. L -599D Subject: Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California Project# L-599 D Mr. Dehlerbruch: On January 19, 2010, representatives of Group Delta Consultants, Inc. (GDC) performed a site visit of the Poppy Trail Landslide in the City of Rolling Hills, to observe the condition of the existing landslide repair project and evaluate the winterization of the repair work. The landslide protection activities conducted in 2005 involved a partial removal of the landslide headscarp, and grading to seal crack in the slide mass. In the fall of 2006 the protection measures were added to include a new visqueen sheeting and a TRM fiber blanket to protect the visqueen from degradation. Currently, visqueen sheeting protected by green TRM 50 fiber blanket covers the landslide to protect it from erosion and/or potential failures due to saturation. Maintenance of the cover is important to prevent exposure of the slide area. In general, the plastic and fiber covers were noted to be in good condition during the site visit. However, the GDC representatives noted several areas of concern, including: • The visqueen placed around the upper edge of the landslide back scarp which protects the upper slide area from erosion and/or saturation has been damaged over time. • PVC drainage pipes installed in 2005 for collecting and transporting water around and over the landslide before it enters the landslide, were disconnected and no longer operational. • Several tears in the green fiber blanket cover and underlying visqueen sheeting were noted in the central part of the slide (near the #1 Poppy Trails Owner Easement), creating a potential for water to enter the landslide. 370 Anwpola Avenue. Suite 212 A Torrance, California 90.501 ♦ (.310) 320-5100 mice ♦ (:310) 320.3118 fax Irving, California (949) 450.2100 A San Diego, California (558) 524-1500 uu tc.Grouplelta.cnn: Winterization Evaluation Letter January 19, 2010 Poppy Trail Landslide Page 2 Rolling Hills, California • The central, level portion of the slide, and lower tow were noted to have established weeds and bushed or trees since 2005. This probably aids in anchoring the covering, GROUP 370 Amapola Avenue. Suite _! • Torrance. California 90501 • (310)320-310U rmce • (310) 320-2118 fax brine. ('alij-nrn1‘. ('949) 450-211N) • San Diego, California (858) .i°4-l.i(N) u u -a .(;roupf 1!a.eom GROUP 'DELTA, kirk kiklULin Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California Suggestions for winterization are as follows; January 19, 2010 Page 3 • The visqueen around the upper edge of the landslide should be repaired or replaced to cover the exposed soil, and held in place with clean 1 -inch aggregate fills bags to provide access to #1 Poppy Trail. • The PVC drainage structures and pipes have been removed and are no longer in service. The structures should be replaced and adequately constructed to properly transport water away from the landslide. This may require constructing a sandbag headwall near the #1 Poppy Trails Owner Easement, to direct water into the drainages structures and keep water from migrating into the slide from the road. Also, it may be necessary to secure the piping joints with slope stakes or similar, to prevent dislodging. The piping should extend to an appropriate water disposal location (i.e. stormdrain) per the original mitigation plan prepared by Bolton engineering. • Several tears were noted in the fiber blanket and underlying visqueen in the central portion of the slide, near the easement road. The damaged area needs to be repaired by covering exposed visqueen sheeting, recovered with fiber blanket, and then re -spiked to the ground. The rainy season is currently underway. To prevent storm water runoff from increasing the possibility of erosion or failures, the above described repairs should be completed as soon as possible. We appreciate the opportunity to provide geotechnical and geologic services for this project. If you have any questions pertaining to our report, or if we can be of further service, please do not hesitate to contact us. Sincerely, GROUP DELTA CONSULTANTS, INC. Chris A. Guesnon, CEG Michael D. Reader Senior Geologist Principal Geotechnical Engineer 370,lnnapola ac'enue, Suite 212 A Torrance, California 905(11 A (310) 320-.5100 (»ie' A (310)320-2118 fax Irvine, California (949) 450-2100 A San Diego, California (858) 521-1.500 ncul.GroupDelta.com Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California January 19, 2010 Page 4 View of upper edge of landslide back scarp. The black plastic sheeting was damaged after its installation (#1 Poppy Trail property in background). Typical PVC drainage structure, disconnected and no longer in service. 370 Amnpola Arenue. Suite <'i .. • Torrance. California 90501 • (3i0)32U-31(11.1 lrrine. Califon (949) 450.2100 • San Diego, California O.:, •_ . IC W.(iroupDe/ta.com GROUP I)E:I.I:\ C IEL6A Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California View of covered landslide. #1 Poppy Trails Owners Easement in background (note tears in cover). January 19, 2010 Page 5 Close up view of torn fiber blanket and black plastic covers. 370 Amapola Acenue, Suite ?!2 • Torrance. California 91)501 • (310) 320-5100 1rnee • (310)320-21; lrcim'. California (949) 430-2100 • San Diego, California (858) 524.1500 nun'.Crouplklta-tom Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California January 19, 2010 Page 6 Overall view of the landslide during GDC's site visit (01-19-10). 370AmapalaAvenue. Suite 212 • Torrance. California 90501 • (31t1132(t-51tl'rncce • (310)32a-211Slax Irvine. California (9491 450-2100 • San Diego. ('ali/urnia (8581524-15(W tru cr.GroupJklta.rom ;DELTA! CONSULTANTS iJrnlf'£JT 175,c2foGeol= v 7Vn erfit, tf2 r als Testing .F insp&c?Yon • • RECE1 ED January 19, 2010 City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 JAN 2 2 2010 City of Rolling Hills By Attention: Tony Dehlerbruch, City Manager GDC No. L -599D Subject: Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California Project# L-599 D Mr. Dehlerbruch: On January 19, 2010, representatives of Group Delta Consultants, Inc. (GDC) performed a site visit of the Poppy Trail Landslide in the City of Rolling Hills, to observe the condition of the existing landslide repair project and evaluate the winterization of the repair work. The landslide protection activities conducted in 2005 involved a partial removal of the landslide headscarp, and grading to seal crack in the slide mass. In the fall of 2006 the protection measures were added to include a new visqueen sheeting and a TRM fiber blanket to protect the visqueen from degradation. Currently, visqueen sheeting protected by green TRM 50 fiber blanket covers the landslide to protect it from erosion and/or potential failures due to saturation. Maintenance of the cover is important to prevent exposure of the slide area. In general, the plastic and fiber covers were noted to be in good condition during the site visit. However, the GDC representatives noted several areas of concern, including: • The visqueen placed around the upper edge of the landslide back scarp which protects the upper slide area from erosion and/or saturation has been damaged over time. • PVC drainage pipes installed in 2005 for collecting and transporting water around and over the landslide before it enters the landslide, were disconnected and no longer operational. • Several tears in the green fiber blanket cover and underlying visqueen sheeting were noted in the central part of the slide (near the #1 Poppy Trails Owner Easement), creating a potential for water to enter the landslide. 370Amapola Avenue, Suite. 212 A Torrance, California 90501 A. (310) 320-5100 voice A (310) 320.2118 fax Irvine, California (949) 450-2100 1 San Diego, California (858) 524-1500 u•taw.Groupl)elta_co n GROUP 1DELTA ormannagi Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California • The central, level portion of the slide, and lower t established weeds and bushed or trees since 2005. anchoring the covering, to January 19, 2010 Page 2 were noted to have This probably aids in 370 Atnapola Avenue, Suite 212 A Torrance, California 90501 A (•310) 320.5100 voice A (310) 320.2118 fax Irvine, California (949)4.50-2100 A San Diego, California (855) 524-1500 tcwat.GronpDel ta.cant • • DELTA,' mauttuti Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California January 19, 2010 Page 3 Suggestions for winterization are as follows; • The visqueen around the upper edge of the landslide should be repaired or replaced to cover the exposed soil, and held in place with clean 1/2 -inch aggregate fills bags to provide access to #1 Poppy Trail. • The PVC drainage structures and pipes have been removed and are no longer in service. The structures should be replaced and adequately constructed to properly transport water away from the landslide. This may require constructing a sandbag headwall near the #1 Poppy Trails Owner Easement, to direct water into the drainages structures and keep water from migrating into the slide from the road. Also, it may be necessary to secure the piping joints with slope stakes or similar, to prevent dislodging. The piping should extend to an appropriate water disposal location (i.e. stormdrain) per the original mitigation plan prepared by Bolton engineering. • Several tears were noted in the fiber blanket and underlying visqueen in the central portion of the slide, near the easement road. The damaged area needs to be repaired by covering exposed visqueen sheeting, recovered with fiber blanket, and then re -spiked to the ground. The rainy season is currently underway. To prevent storm water runoff from increasing the possibility of erosion or failures, the above described repairs should be completed as soon as possible. We appreciate the opportunity to provide geotechnical and geologic services for this project. If you have any questions pertaining to our report, or if we can be of further service, please do not hesitate to contact us. Sincerely, GROUP DELTA CONSULTANTS, INC. Chris A. Guesnon, CEG Michael D. Reader Senior Geologist Principal Geotechnical Engineer 370 Aniapola Acetate, Suite 212 • Torrance, California 90501 A (310) 320.5100 voice • (310) 320.2118 fax Iroine. California (949)4;50-2100 /. San Diego, California (85 81 524-1500 awto.GroupDelta-aom G ROU I' DELTA tuannown Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California January 19, 2010 Page 4 View of upper edge of landslide back scarp. The black plastic sheeting was damaged after its installation (#1 Poppy Trail property in background). Typical PVC drainage structure, disconnected and no longer in service. 370Amupola Avenue. Suite 212 A Torrance. California 90501 • (310)32165100 mice • (310) 320.2118 fax Irvine. California (949) 450-'2100 A San Diego. California (858) 524-1500 WitW.GroupDelta.rom GROUP 74111 DELTA MINIUM Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California View of covered landslide. #1 Poppy Trails Owners Easement in background (note tears in cover). Close up view of torn fiber blanket and black plastic covers. .370 • January 19, 2010 Page 5 9050i A (310)320-5100 r» e . ♦ (3I0.320-2118 fax • San Diego. California (858) 524-1500 D T Winterization Evaluation Letter Poppy Trail Landslide Rolling Hills, California January 19, 2010 Page 6 Overall view of the landslide during GDC's site visit (01-19-10). 370Aniapola Avenue, Suite 212 • Torrance, California 90501 • (310) 320-5100 mitt' • (310)320-21M fax Irvine. California (949) 450.2100 • San Diego. California (853) 524-1500 auvr.GroupDelta.rnm • City f,etr.�n9 • INCORPORATED JANUARY 24, 1957 September 29, 2009 Mr. James M. Hester Associate Attorney McCarthy & Holthus, LLP 1770 Fourth Avenue • San Diego, CA 92101 Dear Messrs. Hester and Beidleman: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Mr. Eric Von Beidleman Vice President, Special Assets Officer Far East National Bank 977 N. Broadway, Suite 401 Los Angeles, CA 90012 Enclosed you will find a letter from Group Delta, a geotechnical engineering firm used by the City to assess the landslide on 1 Poppy Trail. Per their letter, the cost of reading the two remaining inclinometers is $1,580 and, to assess the current condition of the winterization measures, they would charge $1,350. These are additional costs for you to consider with the winterization repairs previously forwarded to you. Please advise us of your intentions. City Manager AD:hl 09-29-091 PoppyTrai1Winterization2.doc c: Michael Jenkins, City Attorney Ed Richards, Kutak Rock L: Printed on Regded Paper •t • _;1\(_,)I... 1 Certified MBE fl:rihF;{:rtpti+ FF{; rrFlg ti ti:ftx fe.din4 Anton (Tony) Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Proposal for Inclinometer Reading And Updated Winterization Evaluation letter Poppy Trail Landslide Rolling Hills, California Mr. Dahlerbruch, September 28, 2009 Group Delta Consultants, Inc. (GDC) is pleased to provide our cost estimate and scope of work for the subject project. Background GDC has previously installed 2 inclinomters for moniroting of the Poppy Trail Landslide in 2005. Due to movement of the landslide, one of the inclinometers could not be read by 2006. The 2 remaning monitors were read periodically through July 2007, at which time monitoring was discontinued due to the fact that the monitoring showed that the movement had become negligible. Based on our recent discussions with you, we understand that you would like and updated reading of the 2 inclinomteres. In addition, you have requested that the winterization measures installed in 2005, and upgraded in 2006, be evaluated for suitability for the upcoming winter rains. 370 Antapola Amnia., Suite 212 i Torrance, California 90501 A (310) 320-510(1 truce A (310) 320-2118 far Irvine, California (949) 450.2100 A San Diego, California (853) 524-1500 www.GroupDelta.cnm • r "` • L-599 Poppy Trail Read Inclinomters 2009.doc Page 2 September 28, 2009 Task 1 - Inclinometer Monitoring The 2 inclinometers will be monitored once in approximately October 2009. A submittal will be issued after the visit detailing the previous and new readings. Task 2 — Winterization Evaluation A site reconnaissance will be performed to evaluate the condition of the winterization measures installed in 2005 and 2006. We will utilize the plans prepared by Bolton Engineering from 2005, as well our knowledge of additional measures installed in 2006, to evaluate whether repairs or replacement are needed of those measures. The results will be summarized in a letter. Cost Proposal Our cost proposal is provided in the following Table 1. Supplemental services will be provided, as needed, on a time and materials basis in accordance with our standard Schedule of Fees (Attachment A). - Inclinometer Reading and Letter Task Number Rate Units Total Staff Engineer 6 $115.00 hour $690.00 Senior Engineer - letter 4 $185.00 hour $740.00 Admin - letter 2 $75.00 hour $150.00 TOTAL $1,580.00 - Winterization update letter Task Number Rate Units Total Project Engineer - field reconn 4 $115.00 hour $460.00 Senior Engineer - letter 4 $185.00 hour $740.00 Admin - letter 2 $75.00 hour $150.00 TOTAL $1,350.00 • Closing We look forward to starting work on this project. Please feel free to call me (Office 310-329-5100) if you have any questions or require any additional information. Very truly yours, Group Delta Consultants, Inc. Michael D. Reader, P.E., G.E. Principal Engineer/ CEO Attachment A: Standard Fee Schedule • • L-599 Poppy Trail Read lnclinomters 2009.doc September 28, 2009 GROUP DELTA CONSULTANTS, INC. 2009 FEE SCHEDULE HOURLY CHARGES FOR PERSONNEL Page 4 SENIOR PRINCIPAL ENGINEER/GEOLOGIST $ 225 PRINCIPAL ENGINEER/GEOLOGIST 180 ASSOCIATE ENGINEER/GEOLOGIST 160 SENIOR ENGINEER/GEOLOGIST 145 PROJECT ENGINEER/GEOLOGIST 130 STAFF ENGINEER/GEOLOGIST 115 SENIOR TECHNICIAN/PREVAILING WAGE 95 TECHNICIAN 75 DESIGNER/ILLUSTRATOR/AUTOCAD 85 TECHNICAL SUPPORT 65 CHARGES FOR EQUIPMENT VEHICLE: Vehicles $ 8.00/hour Mileage $ 0.51/mile NUCLEAR DENSITY GAUGE $ 8.00/hour OTHER CHARGES Outside services will be charged at cost plus 15 percent. Technician and support personnel time for work over eight (8) hours per day will be charged at 1.25 times the regular rates. Holidays and weekends hours (all hours) will be charged 1.50 times the regular rates. LITIGATION FEES Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $300.00 per hour, 4 -hour minimum, portal to portal. nom) TERMS & CONDITIONS RECOGNITION OF RISK 1)E LTA • L-599 Poppy Trail Read Inclinomters 2009.doc Page 5 September 28, 2009 Client recognizes that the interpretations and recommendations of Group Delta Consultants, Inc. (GDC) are based solely on the information available to GDC. Client further recognizes that surface and subsurface conditions can vary from those encountered at the times and locations where data are obtained by GDC, and that the limitation on available data results in some level of uncertainty with respect to the interpretation of these conditions despite the use of due professional care. GDC will not be responsible for the effect on any opinion rendered hereunder of unknowns such as acts of others on adjacent properties, variables of nature including but not limited to earthquakes, masking of rocks by heavy ground cover or the works of man, acts of God or other variables beyond the control of GDC. GDC shall write reports so as to meet the administrative requirements of local governmental agencies; however, as the decisions of such agencies are discretionary, GDC does not guarantee the approval of its reports or of Client's project by any governmental agency. PROFESSIONAL RESPONSIBILITY GDC represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. INDEMNIFICATION Client agrees to indemnify, hold harmless and defend GDC from and against any and all loss, expenses, including attorney's fees, injury, damage, to property or person, liability, costs and/or claims arising out of the services performed by GDC and/or work performed by client and/or other parties upon the real property described herein above, regardless of the negligence of GDC, its agents, employees, officers, directors or shareholders, except where such loss, injury, damage, liability, cost, expenses or claims are the result of the sole negligence or willful misconduct of GDC, its agents, employees, officers, directors or shareholders; provided, however, that any such liability resulting from any design defects (as defined in California Civil Code Section 2782.5) shall be the sole responsibility of the client. LIMITATION OF LIABILITY In the event the indemnification clause contained herein is found to be void, unenforceable, against public policy or otherwise inapplicable to claims advanced against GDC by Client or others, the liability for damages due to the professional negligence of GDC shall be limited to an amount not to exceed $50,000 or the fee of GDC, whichever sum is more. For any damage caused by negligence other than professional negligence, GDC's liability, including that of its employees, agents and subcontractors, in the aggregate under this Agreement, shall not exceed the limits of GDC's comprehensive general and automobile liability insurance coverage. In no event shall either GDC or Client be liable for consequential damages, including, without limitation, loss of use, loss of profits or the additional costs of completing the development of the property described herein above due to delays, incurred by one another or their respective subsidiaries or successors, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non- professional, of either of them or their agents, employees, subcontractors, officers, directors or shareholders. METHOD OF CHARGING AND PAYMENT CONDITIONS GDC will submit the invoices to Client as stated in the proposal or periodically and a final invoice will be submitted upon completion of our services. All retainers are held for credit to the final invoice. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1-1/2%) per month, or the maximum rate allowed by law, on past due accounts. Payments shall first be applied to accrued interest and to the principal unpaid amount. Client specifically agrees further to pay all expenses and costs, including but not limited to GDC's staff time at GDC's current Schedule of Fees, attorneys' fees, and court and other costs associated with collection of past due accounts. Initial If any invoice for work performed by GDC is outstanding and unpaid for a period in excess of 90 (ninety) days, the Client agrees that, in addition to any other remedy which may be available to it, GDC may stop work, withhold reports/plans, and submit such invoice to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, as the same may be in effect at the date of such submission, and that judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. Dl LTA ESTIMATED CHARGES AND PAYMENT CONDITIONS • y • L-599 Poppy Trail Read Inclinomters 2009.doc Page 6 September 28, 2009 GDC charges are only estimated and shall not be regarded as "lump sum" or "fixed price" or "guaranteed maximum" compensation unless it is expressly so stated in writing. ESTIMATED TIME SCHEDULE Because of the uncertainties inherent in the services contemplated hereunder, time schedules are only estimated schedules which are subject to revision unless specifically described as otherwise herein. RIGHT OF ENTRY The Client will provide for right of entry for GDC personnel, and for any other personnel and all equipment necessary in order to complete the work. While GDC will take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. The client agrees to indemnify and hold GDC harmless from any liability for any damage so caused by the performance of such work, unless caused by the gross negligence or willful misconduct of GDC or its personnel. SUBTERRANEAN STRUCTURES OR UTILTTIES Client shall indemnify and hold GDC harmless for damage or injury arising from damage to subterranean structures or utilities (pipes, tanks, telephone cables, etc.) that are not called to the attention of GDC or are not correctly shown on the plans furnished to GDC, in connection with work performed by GDC. CONSTRUCTION PROCEDURES GDC shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions and programs. GDC testing or inspection of portions of the work of other parties on project shall not relieve such other parties from their responsibility for performing their work in accordance with applicable plans and specifications. SAMPLES GDC will retain all soil and rock samples for thirty (30) days following exploration. Further storage or transfer of samples can be made at an agreed expense upon Client's written request. HAZARDOUS SUBSTANCES Unless specifically included in the "Scope of Services," this Agreement does not include any services (including detection or identification) relative to any substances which might be considered hazardous by an applicable regulations. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by GDC, as instruments of service, shall remain the property of GDC. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. NO THIRD PARTY RIGHTS This Agreement shall not create any rights or benefits to parties other than Client and GDC. TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this Agreement, or for failure to perform in accordance with the applicable standard of care, however denominated, that are essentially based on such breach or failure, shall be barred in two (2) years from the time claimant knew or should have known of its claim, but, in any event, not later than four (4) years from the substantial completion of GDC's services. Initial DISPUTES In the event that a dispute arises relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in connection with such dispute, including GDC's staff time at GDC's Schedule of Fees in effect at the time of such dispute, court costs, attorneys' fees and all other claim related expenses. Initial eity ell Rolling JJtlL INCORPORATED JANUARY 24, 1957 September 22, 2009 Mr. James M. Hester Associate Attorney McCarthy & Holthus, LLP 1770 Fourth Avenue San Diego, CA 92101 Dear Messrs. Hester and Beidleman: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Mr. Eric Von Beidleman Vice President, Special Assets Officer Far East National Bank 977 N. Broadway, Suite 401 Los Angeles, CA 90012 Enclosed per our discussion of September 21, 2009 is a plan that has been prepared for the repair of the 1 Poppy Trail landslide winterization. The plan denotes the replacement of one drainage pipe and sandbags in two locations. Their purpose is to keep water off the landslide. A visual inspection also reveals that there is plastic sheeting that needs to be re -applied along the ATV road, at a minimum. Further, it has come to our attention that at least one of the inclinometers on the landslide needs to be replaced. They had been used to measure the movement of the landslide. The engineer who prepared the plan conservatively estimates that the cost for the City to replace the drain pipe and sandbags would be $10,000 to $15,000 (given prevailing wage, insurance requirements, etc.). Washington Mutual Bank appears to have taken steps to secure the residence at 1 Poppy Trail many months ago. The company that was used is Pacific Property Preservation at 562.733.3488. The company representative was Daniel, at extension 105. You may want to contact them as the front door of the residence is not locked and one of the exterior boards on the house does not preclude access into the house. We appreciate your cooperation and assistance in addressing these matters as they are necessary to prevent the situation from becoming worse. Please let us know of your plans. City Manager AD:hl 09-22-091 PoppyTrailWinterization. doc c: Michael Jenkins, City Attorney Printed on Recyded Paper r 4. KUTAK ROCK LLP EDWIN J. RICHARDS edwtn.rIchards C kutakrock.com (949) 417-0999 VIA E- MAIL Mr. Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92612-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com August 20, 2009 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA Recall that we have been waiting for our geotechnical consultant, Greg Silver of GMU Geotechnical, Inc., to complete a repair plan. The repair plan has three objectives. The first objective is to stabilize the landslide. The second objective is to restore Poppy Trail Road to its original location and condition as demanded by the Plaintiffs. The third objective is to create two building pads that comply with the City's zoning regulations. The settlement concept being contemplated is to utilize this plan to fmd a developer who would be willing to carry out the plan, following which the property would be sold. The concept is workable provided the two newly created lots can be sold for a price that will realize a profit after the grading costs. Attached are two of the sheets that comprise the GMU grading plan. The preliminary cost estimate to carry out the grading work is $2.4 million. However, there are two potential cost saving concepts discussed below. GRADING PLAN Attachment 1 is the GMU grading plan. Attachment 2 depicts the fmished result of the grading plan. The plan calls for the excavation of three keys below the toe of the existing landslide. Following the excavation of the keys and removal of the landslide debris, the slope will be remanufactured with competent compacted soil supported by the new keys. The new slope that will be created will have a grade between 1'/s: 1 and 2:1. At the top of the newly created slope will be two level pads. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL KUTAK ROCK LLP Mr. Dwight Kunz August 20, 2009 Page 2 Attachment 2 depicts the condition of the repair after it is completed. The two new lots are depicted on Attachment 2. New Lot #1 is located in the general area where the current Sheen residence is located. That house will be demolished as part of this project. New Lot #2 is located where the Sheen stables are currently located. They will also be demolished. Notice on Attachment 2 that both of the new lots will be serviced by two new driveways providing access from Poppy Trail Road. Attachment 2 shows the reestablishment of Poppy Trail Road in its original location and condition. The two new lots include pads in excess of 34,000 square feet. Pursuant to the City's zoning laws, that will support a house of up to 10,000 square feet. The preliminary and conservative estimate for the cost to perform this work is $2.4 million. Mr. Silver advises that in the current economy he believes that if the grading contract is awarded by a competitive bid process, the cost could be lowered by 10% to 20%. A 20% reduction would bring the cost down to approximately $1.9 million. Mr. Silver advises that an additional $350,000 could be saved from the cost if the Plaintiffs would be willing to accept the present Poppy Trail Road and eliminate their demand that Poppy Trail Road be returned to its original location and condition. Mr. Silver made the observation that the current road is certainly adequate, is consistent with other roadways within the City of Rolling Hills, and he sees no need to restore the new road. Nevertheless, recall that reestablishment of the original Poppy Trail Road has always been one of the Plaintiffs' primary demands in this case. I doubt that they can be persuaded to eliminate that objective. However, if they become aware that the landslide can only be repaired if they eliminate the cost to reestablish Poppy Trail Road, perhaps they will be willing to compromise. Mr. Silver suggested that the current road could be slightly widened at a fairly reasonable price if the Plaintiffs were willing to accept that compromise. In summary, the grading plan stabilizes the landslide, reestablishes Poppy Trail Road, and creates two marketable building pads with lots in excess of 34,000 square feet which would support houses of approximately 10,000 square feet. The cost of the project appears to be somewhere in the range of $1.9 million to $2.4 million. The remaining question is whether the sale of those new building sites would bring a price sufficiently greater than the grading cost to generate a profit that would be sufficient to attract a developer to undertake the project. CONCLUSION I have communicated this information to Mr. Jenkins, the City Attorney. Recall that the game plan agreed to at our last meeting was that once this grading plan was developed it would be shared between counsel for the City and the Association, and a strategy would be developed to continue discussions with the banks that hold the loans on the Sheen property, with the developer, Norm LaCaze, and perhaps with Plaintiffs' counsel. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT •r • KUTAK ROCK LLP Mr. Dwight Kunz August 20, 2009 Page 3 I anticipate discussing these issues with the City Attorney shortly. I will keep you informed as we proceed. Very truly yours, Edwin J. Richards EJR: mar Attachments cc: California JPIA-Liability Program Manager (via email) Anton Dahlerbruch, City Manager Michael Jenkins, Esq. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAK ROCK LLP EDWIN J. RICHARDS edwI n.richards a kutakrock.com (949) 417-0999 VIA E- MAIL Mr. Dwight Kunz Carl Warren & Company POBox25180 Santa Ana, CA 92799-5180 Re Member City : D/Incident : Your File Dear Mr. Kunz: SUITE 1100 18201 VON KARMAN AVENUE IRVINE, CALIFORNIA 92812-1077 949-417-0999 FACSIMILE 949-417-5394 www.kutakrock.com August 20, 2009 Alan Sheen v City of Rolling Hills City of Rolling Hills 3/5/05 1391221 ATLANTA CHICAGO DENVER DES MOINES FAYETTEVILLE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY OMAHA PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA Recall that we have been waiting for our geotechnical consultant, Greg Silver of GMU Geotechnical, Inc., to complete a repair plan. The repair plan has three objectives. The first objective is to stabilize the landslide. The second objective is to restore Poppy Trail Road to its original location and condition as demanded by the Plaintiffs. The third objective is to create two building pads that comply with the City's zoning regulations. The settlement concept being contemplated is to utilize this plan to find a developer who would be willing to carry out the plan, following which the property would be sold. The concept is workable provided the two newly created lots can be sold for a price that will realize a profit after the grading costs. Attached are two of the sheets that comprise the GMU grading plan. The preliminary cost estimate to carry out the grading work is $2.4 million. However, there are two potential cost saving concepts discussed below. GRADING PLAN Attachment 1 is the GMU grading plan. Attachment 2 depicts the finished result of the grading plan. The plan calls for the excavation of three keys below the toe of the existing landslide. Following the excavation of the keys and removal of the landslide debris, the slope will be remanufactured with competent compacted soil supported by the new keys. The new slope that will be created will have a grade between 11/s: 1 and 2:1. At the top of the newly created slope will be two level pads. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL KUTAK ROCK LLP Mr. Dwight Kunz August 20, 2009 Page 2 Attachment 2 depicts the condition of the repair after it is completed. The two new lots are depicted on Attachment 2. New Lot #1 is located in the general area where the current Sheen residence is located. That house will be demolished as part of this project. New Lot #2 is located where the Sheen stables are currently located. They will also be demolished. Notice on Attachment 2 that both of the new lots will be serviced by two new driveways providing access from Poppy Trail Road. Attachment 2 shows the reestablishment of Poppy Trail Road in its original location and condition. The two new lots include pads in excess of 34,000 square feet. Pursuant to the City's zoning laws, that will support a house of up to 10,000 square feet. The preliminary and conservative estimate for the cost to perform this work is $2.4 million. Mr. Silver advises that in the current economy he believes that if the grading contract is awarded by a competitive bid process, the cost could be lowered by 10% to 20%. A 20% reduction would bring the cost down to approximately $1.9 million. Mr. Silver advises that an additional $350,000 could be saved from the cost if the Plaintiffs would be willing to accept the present Poppy Trail Road and eliminate their demand that Poppy Trail Road be returned to its original location and condition. Mr. Silver made the observation that the current road is certainly adequate, is consistent with other roadways within the City of Rolling Hills, and he sees no need to restore the new road. Nevertheless, recall that reestablishment of the original Poppy Trail Road has always been one of the Plaintiffs' primary demands in this case. I doubt that they can be persuaded to eliminate that objective. However, if they become aware that the landslide can only be repaired if they eliminate the cost to reestablish Poppy Trail Road, perhaps they will be willing to compromise. Mr. Silver suggested that the current road could be slightly widened at a fairly reasonable price if the Plaintiffs were willing to accept that compromise. In summary, the grading plan stabilizes the landslide, reestablishes Poppy Trail Road, and creates two marketable building pads with lots in excess of 34,000 square feet which would support houses of approximately 10,000 square feet. The cost of the project appears to be somewhere in the range of $1.9 million to $2.4 million. The remaining question is whether the sale of those new building sites would bring a price sufficiently greater than the grading cost to generate a profit that would be sufficient to attract a developer to undertake the project. CONCLUSION I have communicated this information to Mr. Jenkins, the City Attorney. Recall that the game plan agreed to at our last meeting was that once this grading plan was developed it would be shared between counsel for the City and the Association, and a strategy would be developed to continue discussions with the banks that hold the loans on the Sheen property, with the developer, Norm LaCaze, and perhaps with Plaintiffs' counsel. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAK ROCK LLP Mr. Dwight Kunz August 20, 2009 Page 3 I anticipate discussing these issues with the City Attorney shortly. I will keep you informed as we proceed. Very truly yours, Edwin J. Richards EJR: mar Attachments cc: California JPIA-Liability Program Manager (via email) Anton Dahlerbruch, City Manager Michael Jenkins, Esq. 4839-1208-5252.1 11317-51 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT — -401 *\v'pakAls'zicv NZ— _ 0 5 POPPY PT -3, A -Axis 10- 15- 20- r 25 n m 0 30 35 40 - -9- 9/6/2005 9/6/2005 9/8/2005 --A- 9/16/2005 - 0- 9/19/2005 - 9/20/2005 - 9/20/2005 --- 10/3/2005 -0- 10/12/2005 10/18/2005 -A- 10/24/2005 -0-- 11/11/2005 -x- 11/18/2005 - 11/26/2005 - - 11/2812005 - 12/1/2005 -0- 9/20/2006 45 - ` 12/18/2006 - 0- 2/9/2007 - x- 3/23/2007 - 7/30/2007 50, I t -0.50 0.00 0.50 1.00 1.50 Cumulative Displacement (in) from 9/6/2005 0 5- 10 15- 20 C 25 n a) 0 30 35 40 45 - POPPY PT -3, B -Axis -v- 9/6/2005 - - 9/6/2005 - o— 9/8/2005 — 9/16/2005 -o- 9/19/2005- 9/20/2005 — 9/20/2005 fi 10/3/2005 - 0- 10/12/2005 10/18/2005 -A- 10/24/2005 -0-- 11/11/2005 -- 11/18/2005 — 11/26/2005 -� 11/28/2005 - 12/1/2005 --o— 9/20/2006 12/18/2006 - 2/9/2007 3/23/2007 - 7/30/2007 50, I -0.50 0.00 0.50 1.00 1.50 Cumulative Displacement (in) from 9/6/2005 Poppy Trail Landslide Rolling Hills, CA Installation PT -3 July 30, 2007 a> a) 30 a) a 60 -1.0 0 0 1.0 2.0 Cumulative Displacement (in) from 2/4/2006 POPPY TRAIL PT -2R, A -Axis 2/4/2006 2/13/2006 =- 2/21/2006 -6- 3/6/2006 -0- 5/15/2006 -- 5/23/2006 — 6/22/2006 - 7/11/2006 -0- 7/20/2006 8/2/2006 8/11/2006 8/17/2006 9/20/2006 - 12/18/2006 �- 2/9/2007 3/23/2007 - 7/30/2007 10 20 a) 2 30 a a) a 40 50- 60 -1 00 POPPY TRAIL PT -2R, B -Axis -0.50 0.00 -o- 2/4/2006 2/13/2006 - 2/21/2006 2- - 3/6/2006 - -a-- 5/15/2006 5/23/2006 — 6/22/2006 = - 7/11/2006 - 0- 7/20/2006 8/2/2006 -� 8/11/2006 -0- 8/17/2006 - 9/20/2006 12/18/2006 2/9/2007 3/23/2007 -0- 7/30/2007 0.50 1.00 Cumulative Displacement (in) from 2/4/2006 Poppy Trail Landslide Rolling Hils, CA Inclinometer PT -2R July 30, 2007 • TRANSMISSION VERIFICATION REPORT • TIME : 01/06/2006 15:41 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 01/06 15:40 17148496663 00: 00:59 04 f- 1` fctef QQ t zrAe OK J STANDARD ECM J DATE: 01-06-06 TO: CC: City of Rolling Hills INCORPORATED JANUARY 24, 1937 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF, 90274 (310) 377-1521 FAX (310) 377-72M E-mail cityofrh 1)aol-com FAX COVER SHEET Sgt. Paul. Creason, LASD TIME SENT: 2:45 p.m. FROM: Craig Nealis Cpt. Jay Zuanich, LASD City Manager Jason Locklin, Erosion Control Specialists Mike Reader, Group Delta Steve Kolthoff, Group Delta Dutch Phillips, Dutch Phillips Eng. Ross Bolton, Bolton Erg. Roger Vink, RHCA Doug Prichard, RHE Main Gate FAX: OPERATOR: SUBJECT: SOIL TRANSPORTATION. REMARKS: Hello Sergeant Cresson: TO: Craig Nealis • • Erosion Control Specialists FACSIMILE TRANSMITTAL SHEET COiMPANY: City of Rolling Eti11s FAX N UMBER: 310-377-7288 P.h[ONE NUMBER: 310-377-1521 RE: agreement FROM: Jason Loci lin F.,CS DATE: 1/6/2006 0 URGENT ❑ FOR REVIEW TOTAL No. OF PAGES .INCLUDING COvr.n; 3 RENDERS REFERENCE NUMBrR. YOUR REFERENCE NUMBER: 0 PLEASE COMMENT NOTES/COMMENTS: 0 PLEASE REPLY 0 PLEASE RECYCLE Thank You Craig. Sorry for the delay pleases call. me if there arc any questions. Jason L ocklin PWIn JAN 0 6 2006 CITY OF ROLLING HILLS By 16761. vIEWPOINT LN. #074 IIUNTTN PON BCH, CA 9 G 92 647 R00-376-1015 CELL 909-75:3-9657 FAX 714-849-6063 E(;S1.n .ICIALTSTS.COM • • Erosion Control Specialists Ca License #851583 January 6, 2006 Attn: Craig Nealis City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Dear Craig, We propose to furnish labor and materials for. the Poppy Trail project, located on poppy trail #1 in Roiling Hills, Ca. These services will be completed in accordance with, industry standards and will comply with all laws. Prevailing wages are in affect on this project and will be used per city requirements. 1. Site mobilization 2. Exportation of approx. 3600 yards of soil according to plan. Soil, will be exported to the Palos Verdes Land -fill per city request. The cost for performing this work will be $54,000. Any additional soil that must be exported above 3600 yards will be charged extra at the rate of $15.00 per yard. In the event that the land -fill chosen (palos verdes land. -fill.) does not accept the soil for any reason, additional hauling costs will occur. Erosion Control specialists willnot be held liable for any damage done to the residence access road that will, be used. 3. Site de --mobilization. Erosion Control Specialists 16761 viewpoint Ln. Ste # 0741Iuntington Beach, Ca (800) 376-1015 (909) 753.9637 ECSPECIALISTS.COM • • Erosion Control Specialists The total cost for performing this work will be 54,000.00. As soon as we have your approval we can begin work on this project. Sincerely T�as6n Loc iji t -"erosion ControSpecialists 909-7539637 Fax 714-849-6063 Erosion Control Specialists 16761, Viewpoint Ln. Ste #074 Huntington Beach, Ca (800) 376-1015 (909) 753.9637 ECSPECIALJSTS.COM 1City 0/ kolliny _Afro s INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com December 14, 2005 Regional Water Quality Control Board Attn: Ejigu Solomon 320 W. 4th Street, Suite 200 Los Angeles, CA 90013 SUBJECT: Emergency Repairs Under the General Construction Activity Storm Water Permit. Dear Mr. Solomon: Pursuant to your request, this letter describes the City of Rolling Hills' emergency response to a landslide condition in the vicinity of Poppy Trail Road in the City. As you are aware, "emergency construction activities required to immediately protect public health and safety" are exempt from the permit requirements of the applicable NPDES Permit. Section 8.32.040 of the City's NPDES implementation ordinance, contained in Chapter 8.32 of the Rolling Hills Municipal Code, contains the identical exemption. The City's response to the landslide condition is an emergency construction activity within the meaning of this exemption. The Landslide. On March 6, 2005, following the record -setting rainfall of the 2004-2005 rainy season, a slope failure occurred affecting three properties - two private properties known as 1 Poppy Trail and 4 Poppy Trail, and an adjacent City -owned parcel — and blocking a portion of a private road called Poppy Trail Road with a large mound of dirt, organic material and debris. The landslide measured about 300 feet in length, 150 feet in width with a head scarp of about 30 feet vertical below an unauthorized guesthouse on the 1 Poppy Trail property. The landslide completely impeded vehicular access to eight occupied homes further along Poppy Trail. The Initial response — Restoration of Temporary Access. Below Poppy Trail Road, also on the City -owned parcel, existed an equestrian trail, maintained by Rolling Hills Community Association ("RHCA"), a private homeowners association that maintains the private roadways and equestrian trails in the City. Immediately after the landslide, the RHCA maintenance crews made minor improvements and covered the trail with Crushed Miscellaneous Base (CMB), and the @Printed on R�c:ycled I April. • City allowed the residents to utilize this trail for ingress/egress by foot, ATV or golf carts only. No delivery trucks, mail, trash pickup, service vehicles or private vehicles of any kind were allowed on this trail, except that the blocked residents were allowed one time to move their vehicles from their home into a safe area on the other side of the landslide. Temporary, above ground domestic water service was provided from a fire hydrant on a street located above the blocked properties to service the affected residents. The Fire Department and the Sheriff Department placed their equipment on both sides of the slide in case of an emergency. For six months the blocked residents were using this trail by foot, in their ATVs or golf carts to get to the parked vehicles on the other side of the landslide and back home. Secondary Response — Evaluation of the Slide and Alternative Means of Access. Shortly after the landslide, the City hired Group Delta Consultants, a geotechnical engineering firm, to assess the landslide and advise the City regarding its condition. The scope of Group Delta's work included evaluation of alternatives to restore normal vehicular access for the blocked residences, and recommendation of measures to protect the landslide area from further slippage in the upcoming 2005/2006 -rain season. Of particular concern was the stability of the guesthouse on 1 Poppy Trail, the foundation of which had been seriously undermined by the slide. In its March 22, 2005 letter to the City, attached hereto along with photographs of the affected area following the landslide, Group Delta recommended that tension cracks in the landslide area be filled to prevent water infiltration, large trees and brush be removed from the landslide area, plastic sheeting be placed over the head scarp and any exposed slope, as well as other related emergency response recommendations. With regard to restoring access, after several months of studying different alternatives, Group Delta, in conjunction with a civil engineering firm, Bolton Engineering, recommended that a temporary road capable of accommodating most types of vehicles could be constructed in the same general location as the existing equestrian trail. The RHCA approved construction of the temporary road in that location. Restoration of Access. Construction of the temporary road is underway, and is expected to be completed in six to eight weeks. In order to accommodate pedestrian and ATV access to the residents during the construction period, the City arranged for construction of temporary access over the landslide mass. Upon completion of the temporary road, the ATV access will be abandoned. According to Bolton Engineering, the area of disturbance for the temporary road (which is located in the general area of the previously existed equestrian trail) is 33,600 square feet, the area of disturbance for the ATV access over the slide mass is 6,800 square feet. Winterization of Landslide. The consultants further recommended certain winterization measures designed to protect the landslide area from acceleration during the rainy season. Group Delta's letter dated September 1, 2005 describing those measures is attached. Based on Group Delta's recommendations, the City instructed the owner of 1 Poppy Trail to perform the winterization measures. The owner refused, and the City pursued a nuisance abatement proceeding against the owner, leading to acquisition of an abatement warrant from the Los Angeles County Superior Court. Based on the City's declaration of public nuisance and on the abatement warrant, the winterization measures are now underway; the guesthouse has been removed and the flattening of the head scarp will occur shortly. The area of disturbance on the private property is 18,800 square feet. Compliance with Best Management Practices. All of the above -described activities are temporary and emergent in nature, required to protect the public health and safety in response to earth movement, and therefore exempt from NPDES Permit requirements. The activities served to restore access to occupied residences, protect the landslide from further acceleration and protect the safety of the surrounding area and persons in the area. All of the emergency activities involve implementing the County's Best Management Practices to promote erosion control, prevent adverse discharge into the MS4 Systems and implement winterization measures to control, prevent, remove and reduce pollution. Please find enclosed a grading and drainage plan for the three areas of disturbance, which identifies the stormwater pollution prevention measures and implements the best management practices (BMPs). Should you have any questions, or require additional information, please do not hesitate to contact me at (310) 377-1521. Sincerely, „LA ta Schwartz Planning Director cc: Craig Nealis, City Manager Michael Jenkins, City Attorney Roy Itani, L.A. County Building and Safety District Engineer L-599 Group Delta Consultants. Inc. 10 Poppy Trail Landslide City of Rolling Hills Topographic Map - Poppy Trail Landslide - April 2005 GROUP DELTA ;1 (,)L1' DELTA 0.J:61gkfJ:ii. March 22, 2005 Project No. L-599 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 1 l , 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. 4 d CROUP l?l:l_TA R . =: .r► Gi p Dc!ta Cvn.ull:nnt:. Inc. � Poppy grail Landslide Cityol lliu, i411s The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale the guesthouse foundation, whichg haslbeen exposelope. d and he head scarp falls Angeles County officials. red tagged by Los Many irrigation lines and concrete paved slope drains were noted in the central portion of the landslide. Irrigation lines, a collector pipe for roof runoff next to the foundation head scarp. guesthouse footing and wall debris were noticed in the area of the guesthouse Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (ATV) use. Lights have been stung along the trail with extension florescent light bulbs. A water hose was found along the trail with waler pressure. cords and The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of situation, it is recommended that several steps be taken. p the 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water remove the risk of someone slipping and/orallin his can infiltration and to ieved pushing soil into the cracks and track rolling the soil oa tight compaction by 2. During the bulldozer grading the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting, UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. off of the sheeting should be diverted away from the landslide toe prevent w at plastic er from accumulating on the landslide mass and to protect the temporary a road below Poppy Trail. access (;rottp Delta Ctnt ulCmt:. 1DC. Poppy 1 tail I_and•li,lc City of Rollin!! Ildl: 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the Iandside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work. plastic sheeting or sandbagging to not further de -stabilize the scarp, or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the landside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data will help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and obsenied landslide geometry. This data will be used to select locations and depths for borings. GROUP OUT:\ I)l:LT.\ L-599 Group Dc Cr.1i .ulr:uu . Closure Poppy Tr:ril 1.:mdklide City r'I.I 'lliut I!ills This letter summarizes the opinion of GDC, based on the limited walkover and observation of the landside conditions and the limited review of the subject references. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic l judgment, and a cursory review of published geologicc reportsa and Cit nce, f reclords ona regarding the history of the subject slope. y If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. AIichae! I;.Reader, VP, GE Steven H. Kalthoff, PG, CEG I_ 5')) RI I PorpYTrail Land>Iide - Ixtrrr Repon r I (-amp 1)clry Can>ulCmr<. Inc. r �� • .` .F :: is f f/; c;• •ell • / rf • Poppy frail I_:rP.l•litle City of Rrlline IIiII: K (u- _ .... so- - is • . _ . • o. T• ing Ii1-��' — •,..• ••..--... ; Cp.. sr ;'SST; `_ _ /?2'+ • r - • r / . , �- - �/) _F: o�:o ■ •- --- -- ;-,- S;a - .:_ -<-O :/ - . • ` -- 77--7-."..7-- _ --`---aC` / .I `I ``--;: • .. ` 1 r -- _ ter • Project Nrrrrrb r: Project Marne: Dale: GROUP , 1 ^= Jv'. 1 _ •.`-.)•"--.. ' ' .L' ' ~"- Rolljn(1: _ Frbe. i firs,,Tu:.F•��r -.1997 /' a . . r.. - N I il�.ni•v:r Fri••?ur•li;,rc• ruv.•v: r;.r,c corn) - ..: •.\ ..•�♦• [• • - ■` . L-590 Poppy Trail Lan;klide 03,24.2005 AERIAL IIIO'fO OF POPPY TRAIL L:\NJ)LSIUB :AREA (Photo March 2004) GROUP DELTA tt 1lk.(t, ati September 1, 2005 Project No. L-599 D1 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is this letter to provide pre -construction and winterization recommendations related to the construction of the ATV road Trail Landslide and the lower access road. Currently, GDC is in the process of installing inclinometers in observed the following: pleased to present for construction across the Poppy the landslide and On September 1, 2005, during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. •i Ali: • ♦ ° v:I':.1!1i. ( \ i�• _�,i Ci' • . , i : :( i; iI'• ♦ ♦www.GroupDelta.com♦ i ? : . ♦ =__! ,• .• 1 L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 2 City of Rolling Hills PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. . 2. The guesthouse and landslide head scarp pose an emanate danger to persons traveling on the ATV and temporary access road. Therefore the guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After the guesthouse is removed, the landslide head scarp should be flattened to 1 horizontal to 1 to reduce rock and debris fall hazards from the scarp. A temporary fence should be placed on the uphill side of the ATV road to catch any debris that may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. GROUP r.( DELTA tomtit tuusi 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the landside conditions and the limited review of the subject references. This evaluation was performed in accordance with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring with the conclusions in this report or provide alternate recommendations as deemed appropriate. GROUP DELTA r L-599 Dl Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SK for Mike Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG N:\Projects\500-5991L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc GROUP DELTA DRUM 4K1. l MEMORANDUM TO: Cuy OfiePens INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com PEGGY MINOR, RHCA MANAGER ROGER VINK, RHCA ARCHITECTURAL INSPECTOR FROM: CRAIG NEALIS, CITY MANAGER SUBJECT: APPROVAL OF AGREEMENT WITH EROSION CONTROL SPECIALISTS FOR WINTERIZATION MEASURES DATE: OCTOBER 25, 2005 I have executed the Agreement with Erosion Control Specialists to implement the "Winterization Measures" on the City owned property and #4 Poppy Trail Road. This work will include closing of fissures, placement of sand bags, plastic sheeting and above ground drainage devices per the "Bolton Plan". It is anticipated that Erosion Control Specialists will begin this work on Tuesday, 11/01/05. I have requested Erosion Control Specialists representative, Jason Locklin, to work closely with Dutch Philips and Ross Bolton to not conflict with the RHCA temporary roadway realignment work being done by Dutch Philips. It will be appreciated if you could advise the Gate Guards to allow Erosion Control Specialists contractors to enter the City for this project. Please call me if you have any questions. Thank you for your cooperation and support. CRN:en 10-25-05ncca-menz.doc cc: City Council Jason Locklin, Erosion Control Specialists Dutch Philips, Philips Engineering Ross Bolton, Bolton Engineering Mr. & Mrs. Manelaous Saridakis, Owner of #4 Poppy Trail Mr. Roy Itani, County of Los Angeles ®Printed+or, Recvded Papa • r� • City of Rolling Hills INCORPORATED JANUARY 24,1957 DATE: 10/17/05 TO: CC: FAX: FAX COVER SHEET Honorable Mayor & Members of the City Council SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com TIME SENT: 4:00 p.m. FROM: OPERATOR: Craig Nealis City Manager EROSION CONTROL MEASURES ON CITY PROPERTY/4 POPPY TRAIL Hello Mayor & Members of the City Council, In March, 2005, we had an initial cost estimate for an erosion control plan that was based on minimal erosion control measures identified at that time. As we moved forward, and following the identified RHCA roadway plan, Bolton Engineering recommended and prepared a more formal erosion control plan designed to not just "winterize" the slope, but to manage drainage away from the RHCA construction and final roadway realignment, and support the City's temporary ATV access. I provided copies of the Bolton plan to both Erosion Control Specialists and Dutch Philips Engineering. Erosion Control Specialists and Dutch Philips were selected due to their familiarity with the situation and our familiarity with their quality of work. Erosion Control Specialist completed the initial mitigation measures after the slide in March, 2005. Erosion Control Specialists has provided bid in the amount of $38,320 to implement the formal plan. Dutch Philips declined to submit a bid due to the current work demand of the RHCA road realignment job. This will be a prevailing wage job as required by law. We have approval from FEMA for $15,000 for mitigation measures. This amount is included in the total FEMA approval of $66,128.33. I will be authorizing Erosion Control Specialists to move forward with this work. Please let me know if you have any questions or wish to discuss this in greater detail. Thank you for your cooperation and support. Thank you, Craig Nealis TOTAL PAGES (including cover sheet): 1 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 11! o.t 4 BROADCAST REPORT TIME : 10/17/2005 16:05 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 PAGE(S) 01 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 10/17 15:59 BLACK 01:39 01 OK ECM 10/17 16:01 HEINSHEIMER 30 01 OK ECM 10/17 16:02 HILL 29 01 OK ECM 10/17 16:03 LAY 36 01 OK ECM 10/17 16:04 PERNELL 30 01 OK ECM BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION CV : COVERPAGE PC : PC —FAX City of Rolling Hills DATE: 10/17/05 INCORPORATED JANUARY 24, 1957 FAX COVER SHEET NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com TIME SENT: 4:00 p.m. TO: Honorable Mayor & Members of FROM: Craig Nealis the City Council City Manager CC: FAX: OPERATOR: SUBJECT: REMARKS: EROSION CONTROL MEASURES ON CITY PROPERTY/4 POPPY TRAIL Hello Mayor & Members of the City Council, In March, 2005, we had an initial cost estimate for an erosion control plan that was based on minimal erosion control measures identified at that time. As we moved forward, and following the identified RHCA roadway plan, Bolton Engineering recommended and prepared a more formal erosion control plan designed to not just "winterize" the slope, but to manage drainage away from the RHCA construction and final roadway realignment, and support the City's temporary ATV access. I provided copies of the Bolton plan to both Erosion Control Specialists and Dutch Philips Engineering. Erosion Control Specialists and Dutch Philips were selected due to their familiarity with the situation and our familiarity with their quality of work. Erosion Control Specialist completed the initial mitigation measures after the slide in March, 2005. Erosion Control Specialists has provided bid in the amount of $38,320 to implement the formal plan. Dutch Philips declined to submit a bid due to the current work demand of the RHCA road realignment job. This will be a prevailing wage job as required by law. We have approval from FEMA for $15,000 for mitigation measures. This amount is included in the total FEMA approval of $66,128.33. I will be authorizing Erosion Control Specialists to move forward with this work. Please let me know if you have any questions or wish to discuss this in greater detail. Thank you for your cooperation and support. Thank you, Craig Nealis TOTAL PAGES (including cover sheet): 1 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 • Cry ofieo f?...5 • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember October 4, 2005 VIA OVERNIGHT MAIL Mr. Jason Locklin Erosion Control Specialists 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear Mr. Locklin: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Enclosed please find the erosion control/winterization plan prepared by Bolton Engineering for the City -owed property and #4 Poppy Trail. Your submission of a bid for completion of this work will be appreciated. You are only to provide a bid for the items that have been highlighted in florescent ink on the attached plan. Your bid shall include all costs for equipment, labor, material and any other items necessary to complete this job. This will be a prevailing wage job per City requirements. Bids are required to be submitted by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the following components of this work: 1. Placement of plastic sheeting as specified on the plan. 2. Sandbags placement as specified on the plan. 3. Compaction of surfaces as specified on the plan. 4. Above ground drainage devices as specified on the plan. 5. Total bid Price. Thank you for your cooperation. Sincerely, ti raig R. Nealis City Manager CRN:mlk 09-28-05erosionbid-ltr.doc Prtr-,tu'1 on Ri.3;;Yr:k:d Pat0•tt } la TATES a Click -N -Ship POSTUNITEALSE RVICE U.S. POSTAGE REQUIRED USPS EXPRESS M AIL® CRAIG NEA LIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 ' WAIVER OF SIGNATURE REQUESTED SHIP TO: M R. JASON LOCKLIN EROSION CONTROL SPECIALISTS ' 16761 VIEWPOINT LN APT 74 HUNTINGTN BCH CA 92647-4758 USPS EXPRESS MAIL 11 1111 1 UiII 1 11 1 LII III • I EO 913 052 045 US POSTAL USE ONLY Date In: Mo. Day Year Time In: El PM Day of Deliv ery: 0 Next 0 Second ❑ 12 Noon ❑ 3 PM Return Additional Receipt COD Insurance Fee x0.00 aW (D 1 •* }` y S;-1 * CALL 1-800-222-1811 F OR PICKUP OR TRACKING OF ALL YOUR PACK AGES EXT REMELY URGENT Please Rush To Addressee Is packa gin g is the property of the U. S. Postal Service an d Is provided solely for u se in sending Express Mail. Misuse maybe a violation of federal law. • • UNITED STATES POSTAL SERVICE Home 1 Help Sign I Track & Confirm Search Results Label/Receipt Number: E091 3052 045U S Status: Delivered Your item was delivered at 2:41 pm on October 05, 2005 in HUNTINGTON BEACH, CA 92647. Waiver of signature was exercised at time of delivery. Additional Details > ') .{ Retmra to USPS.com Home > Track & Confirm FAQs Track & Confirm "Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Proof of Delivery Verify who signed for your item by email, fax, or mail. in POSTAL INSPECTORS site map contact us government services lobs National & Premier Accounts Preserving the Trust Copyright ' 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy • City o/ /eO/ft„S JUL • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember October 4, 2005 VIA OVERNIGHT MAIL Mr. Dutch Phillips Dutch Phillips Engineering, Inc. P. O. Box 7834 Laguna Niguel, CA 92607-7834 Dear Mr. Phillips: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Enclosed please find the erosion control/winterization plan prepared by Bolton Engineering for the City -owed property and #4 Poppy Trail. Your submission of a bid for completion of this work will be appreciated. You are only to provide a bid for the items that have been highlighted in florescent ink on the attached plan. Your bid shall include all costs for equipment, labor, material and any other items necessary to complete this job. This will be a prevailing wage job per City requirements. Bids are required to be submitted by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the following components of this work: 1. Placement of plastic sheeting as specified on the plan. 2. Sandbags placement as specified on the plan. 3. Compaction of surfaces as specified on the plan. 4. Above ground drainage devices as specified on the plan. 5. Total bid Price. Thank you for your cooperation. Sincerely, fC/ raig R. Nealis City Manager CRN:mlk 09-28-05erosionbid-ltr.doc $ $ $ ®Prn?e,i car Rccyc:l ,d i'au,n 1 • N e0... -.-EFlSEh1ENT., LINE. . :: • L . . .. ... .. ... . . ..... . ..-..::::::" : : 1: :.:.: : : :. '' .. .. ..". .. . .. . .. . . ... .. . .. .... .. i ..- i.! .,. ..!. .. ..1 ..1 ..i ..i: .i: .!: .]... .7.atik .i.i ..i . ..'::: ..: . .: - N O Uix IEXST, GRAVEL RD 001 •- •• .....:::::::.:::... .... ..... .. ... . . :::' :::::.. ; ... ... 14. Ex cess or wa ste concrete may no t be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on -site until they ca n be dispose d of as solid waste. 15. Develo pers/con tractors are re sponsible to inspect all Erosion Control Device s and BM P's are installed a nd functio ning properly if there Is a 40% chance of 0.25 inches or greater of predicted precipitation , a nd after actu al precipita tion. A con struc tion site inspection c hecklist and inspection log shall be maintained at the pro ject site at all times a nd av ailable for rev iew by the Building Official (copies of the self -inspection chec k list and inspection lo gs are available upon request). 16. Trash and c onstruction -related solid wastes must be deposited into a cov ered rece ptacle to preve nt c ontamination of ra inwater and dispersal by wind. 17. Sediments and other materials may not be tracke d from the site by vehicle traffic. The con struction entrance roadwa ys must be stabiliz ed so as to inhibit sedimen ts from being deposited Into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means . 18. Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit ero sion by wind an d wa ter. 19. As the architect/engineer of record, I have selected appropriate BM Ps to effe ctively minimize the negative impacts of this projec t' s constru ctio n activities on storm wa ter quality. The pro ject own er and co ntractor a re - aware that the selecte d BMPs must be installed, monitored, an d maintained to ensure their effe ctiveness. The BM Ps not selected for implementation are redundant or deeme d not applicable to the propo sed co ntra lio n ac tivityy.. Civil Engineers/Architects Sign atu re Date 20. The following no tes must be on the plan (o r submitted as a sepa rate document - prior to plan approval), As the projec t owner or authoriz ed agent of the o wner. I have read and un derstan d the re quire ments to control storm water pollution fro m se diments, erosio n, and con struction materials, and 1 certify that I will comply with these requirements. I, or my re presen tativ e, contractor, developer, or Engineer will make c erta in that all BMP shown on this plan will be fully implemented, a nd a ll e rosion co ntrol devices will be kept clean a nd function ing. Pe riodic inspec tio ns of the BMPs will be conducted and a current lo g, specifying the exact nature of the Inspection and any remedial measures, will be kept at the construction site at all times and will be available for the re view by the Building Official. As the project owne r or authorized agent of the o wner, 9 certify that this do cument and all atta chments were prepared under my dire ction or supervision in a ccordance with a sys tem de signe d to a ssure that qualified personnel properly gather a nd ev aluate the infor mation submitted. Base d on my Inquiry of the person or persons who manage the syste m or those persons directly responsible for gathering the information, to the best of my kno wle dge and belief, the informatio n su bmitted is true, accurate, and co mplete. I am awa re that submitting false and/o r ina cc urate In form ation, failing to upda te the Loca l SWPPP 1p reflect cu rre nt conditions, or failing to prope rty and/or adequately implement the Local SWPPP may result in re vocation of gra ding and/or other permits or othe r sanctio ns provided by law.' • Owner•or Autho rized Representa tiv e (Permitee) Date a U 6 F — CL 0 //-0� C Oa_ >1 0 - L - U C 0 U VJ - o o J W Date: Sept. 29, 2005 Scale: 1" = 20' Dra wn: RSG Checked: • RNB Job No. 5019 Sheet Of Sheets U, 0 • �POST/�S Click -N -Ship ® ERVICEor • U.S. POSTAGE REQUIRED USPS EXPRESS MAIL® CRAIG NEALIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 WA IVER OF SIGNATURE REQUESTED SHIP TO: M R. DUTCH PHILIPS DUTCH PHILIPS ENGINEERING, INC. PO BOX 7834 LAGUNA NIGUEL CA 92607-7834 USPS EO 913 EXPRESS 051 133 US MAIL POSTAL USE ONLY Date In: Mo. Day • Year Time In: O PM Day of Delivery: ❑ Next 0 Second ❑ 12 Noon ❑ 3 PM Return Receipt COD Additional • In surance Fe e $0.00 -I. w a) 132 3- O m O O N N v v' j, t' .} a. * :. CALL 1-800-222-1811 FOR PIC KUP OR TRACKING OF ALL YOUR PACKAGES EXT REMELY URGE NT Please Rush To Addressee Is packaging Is the property of the U. S. Postal Service and is provide d solely for use In sendin g Ex press Mail. Misuse maybe a violation of federal law. A • V� .ti UNITED STATES WI POSTAL SERVKFA Home' 1 'Help' 1 'Sinn 1 Track & Confirm Search Results Label/Receipt Number: E091 3051 133U S Status: Delivered Your item was delivered at 11:20 am on October 05, 2005 in LAGUNA NIGUEL, CA 92607. Waiver of signature was exercised at time of delivery. Additional Derails > Rerun; to USPS.cmo Home > Track & Confirm Track & Confirm "Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Proof of Delivery Verify who signed for your item by email, fax, or mail. POSTAL INSPECTORS site map contact us government services lobs National & Premier Accounts Preserving the Trust Copyright ' 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy FAQs Anton Dahlerbruch Mon, Mar 24, 2008 10:08 AM Subject: Boarding up_ contractor info Date: Friday, March 21, 2008 5:02 PM From: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> To: Anton Dahlerbruch <adahlerbruch@cityofrh.net>, Marilyn Kern < m kern @cityofrh . net> Conversation: Boarding up_ contractor info Category: Rolling Hills Tony, Evie contacted the following contractors today: • AAA Speedy Boad-up, 562-602-0555 She spoke with Jim, they charge $185/1st window or door and $68 each additional window or door. Price includes all sizes of doors and windows, all labor and materials. • Budget Board Up, 818-362-1264 or 800-654-2513 Dave told her that they charge $87.50 to come out and $80 per opening. • Sheriff AAA -Glass & Mirror, 310-314-5277 Does not charge to come out. Did not give her any std pricing per door or window. Thank you, Ewa Ewa Nikodem City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Ext. 221 Fax: 310-377-7288 www.palosverdes.com / rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 1 of 1 Ci41 op2 P?,nS JUL INCORPORATED JANUARY 24, 1957 October 11, 2006 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. Alan Sheen 20603 Toluca Avenue Torrance, CA 90503 You will recall that on September 26, 2005, the Rolling Hills City Council adopted Resolution No. 996 declaring the property at 1 Poppy Trail to constitute a nuisance and ordering the abatement thereof. Subsequently, upon your failure to abate the nuisance, the City obtained an abatement warrant from the Superior Court and utilizing its forces performed corrective winterization work on the property. On April 10, 2006, the City Council approved the costs incurred in performing the abatement work and a lien was recorded.against your property in that amount. Since the above -referenced improvements were installed on the property, they have suffered a certain amount of normal deterioration. With the approach of the 2006-2007 winter/rainy season, the City's geologists are recommending that the abatement improvements installed by the City be restored and upgraded so that they remain effective in minimizing intrusion of stormwater into the landslide. I enclose a copy of a proposal from Erosion Control Specialists dated September 19, 2006 setting forth the recommended winterization work necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or . Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Remove all debris on the site (i.e. deteriorated plastic and sandbags). 2. Install UV resistant plastic sheeting covered by Tensar TRM 450 fiber blankets, anchored with 12" steel pins and washers. 3. Install above -ground drainage devices. ®Pr,I1Iff(I (VI H.rzyr.:ri1 {';r„•r Page 2 You may perform the above work with the contractor of your choice, and must do so or commence doing so (and complete the work with due diligence) by October 23, 2006. You are hereby notified that if you do not implement or commence to implement the nuisance abatement actions by October 23, 2006, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, October 23, 2006 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. In the event that it becomes necessary for the City to perform the abatement work, it is the City's present intention to utilize the services of the same contractor that performed the 2005-2006 abatement work, Erosion Control Specialists. Its estimate for performance of this work is $68, 771.00. If the work is performed at the behest of the City, the work will be performed at your expense. Following completion of the project, the City Council will again conduct a hearing to approve the final costs, and you will have an opportunity to present testimony at that hearing. Should the Council approve the costs, and should you not reimburse them to the City, a lien will be recorded against the title to the property in the amount of those costs, plus the City's administrative and legal expenses incurred in implementing the project. In the event that you elect not to perform the work yourself, the City requests that you give your consent to the City and its agents entering your property for the exclusive purpose of performing the above -described work. By giving your consent, the total cost of this project, for which you are responsible, will be reduced, as the City will not have to incur any legal expenses associated with obtaining access to your property. If you choose to give your consent, please sign on the line below and return this letter to me at your earliest convenience. We have forwarded this correspondence to all of the known addresses we have regarding this property. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, er J enluns- Acting City Manager MJ:mlk 10-11-06sheen-1 tr.doc cc: City Council Rolling Hills Community Association Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Lisa Eckert/Grading Engineer Page 3 I warrant and declare that I am the owner of the property located at 1 Poppy Trail, Rolling Hills, CA. I hereby give my consent to the City of Rolling Hills for its agents, contractors and employees to enter my property solely and exclusively to perform the work described in the September 19, 2006 letter from Erosion Control Specialists, and for no other purpose. I understand and acknowledge that this work will be performed at my expense. 10/11/200B 09:39 l Ul U 7l LCD 1 D: n 310E438441 JENKINS L• HOGIN LLP EROSION COIF 'i_ SPEC PAGE 63/014 PAGE W/G3 w Erosion Conteol Specialists September 19, 2006 Attn: Mike .Jenkins City of Rolling Hills T2 Portuguese Bend Rd. Rolling HMS, Ca 90274 Ca Lkense #$51583 Dear Mike, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, Ca_ These services will be completed in accordance with industry standards and will comply with all laws. Prevailing wages arc in affect on this project and be uzed according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of al.1 plastic and sand -bags on the slope and surrounding areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal. but does not include the disposal. (To be preformed by rolling hills city association.) 3. Installation of UV resistant plastic sheeting to cover the entire slide area' and be covered with Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation will be preformed based on supplier recommended installation methods. 4. Installat. on of above ground drainage devices as specified by the erosion control plan. Our price for performing the work is $68,771.00. As soon as we have your approval we can commence work. This work is an attempt to prevent further slope movement but, Erosion Control Specialists will not be held liable for any further movement of the slope and any corresponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integity. Maintenance services are not included in this Erosion Control Specialktv iti7br Viewpoint Ln. Ste # 074 Huntington .Rc9ch, Cn (S00) 376-1415 (90) 753-9637 ECSPECIALISTS.COM 10/11i 2006 09:39 10/09/2636 16:25 3105438141 714813E0 JENKINS 2 HCGIN LLP EROSION CONTROL SFr PKGE 04/04 PAGE 03/03 Erosion. Control Specialists Ca License 4851583 proposal but can be provided throuabout the rainy season upon request and based on availability. Sincerely. Jaso klin Erosion Control Specialists 909-753-9637 800-376-1015 Jason.@ecspecialists.corn Erosion Control Specialists 15751 Viewpoint La- Ste #0'4 Auntington Batch, Ca (860)3761015 (909) 753-9637 ECSPEC[&LISTS.COM ROLLING HILLS _ _ UNICIPAL CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 Nuisance defined. 8.24.020 Duty of owner or possessor of property. 8.24.030 Notice to abate nuisance. 8.24.040 Notice to abate nuisance --Contents. 8.24.050 Hearing and decision. 8.24.060 Abatement by city --Notice of charge. 8.24.070 Lien. 8.24.080 Charges to be billed on tax bill. 8.24.090 Court action. 8.24.100 Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any street, and affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 § 1(part), 1981). 8.24.020 Duty of owner or possessor of property. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. (Ord. 190 § 1(part), 1981). 8.24.030 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. (Ord. 190 § 1(part), 1981). 8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the nuisance is not abated or good -faith efforts towards abatement not been made to the satisfaction of the City Manager within fifteen days from the date thereof, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the ROLLING HILLS MUNIC._ .-L CODE time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord, 190 § l(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 § 1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 § 1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 § 1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 § 1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions ROLLING HILLS ... UNICIPAL CODE of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 § 1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 § 1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 § I(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 § 1(part), 1981). Ci1ya/ ROIXIL Free, INCORPORATED JANUARY 24, 1957 September 2, 2005 VIA CERTIFIED AND REGULAR MAIL Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: Mr. Alan Sheen 1 Poppy Trail Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. James Sheen 60 Crest Road East Rolling Hills, CA 90274 On July 12, 2005, we sent you the enclosed correspondence informing you of safety mitigation measures for your property recommended by our consulting geologist. In that correspondence, we requested that you implement these measures by September 15, 2005. To our knowledge, these measures have not been performed as of this date. We enclose updated safety mitigation recommendations from our consulting geologist that are necessary to be implemented on your property to help protect against aggravation of the existing landslide as we approach the rainy season. These mitigation measures are outlined in the attached letter dated September 1, 2005. Pursuant to Rolling Hills Municipal Code Section 8.24.020 ("Duty of Owner or Possessor of Property") "every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance." Rolling Hills Municipal Code Section 8.28.010 defines any condition on property that has or will aggravate, enlarge or accelerate an active landslide to be a public nuisance subject to abatement pursuant to Chapter 8.24. We have enclosed a copy of both Chapters 8.24 and 8.28 for your review. Pursuant to Section 8.24.030, you are hereby directed to implement the following measures in order to abate conditions on your property that will potentially aggravate and accelerate the existing landslide: 1. Seal renewed tension cracks to prevent water infiltration. 2. Demolish the guesthouse and remove all debris from the site. 3. Flatten headscarp to 1:1 slope. 4. Cover entire affected area with UV resistant plastic sheeting. 5. Install temporary drainage devices to divert stormwater from entering landslide area from locations above the head scarp of the landslide. The above measures must be implemented by September 15, 2005. You are hereby notified that if you do not implement the nuisance abatement actions by September 15, 2005, a nuisance abatement hearing will be conducted before the City Council at its regular meeting on Monday, September 26, 2005 beginning at 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. If the hearing goes forward, you will be given an opportunity to present evidence to the City Council regarding the conditions on your property and regarding this abatement order. f=r:r:!tCI Ori f?nr yr-.Ir:r1 F pa Page 2 We have forwarded this correspondence to all of the known addresses we have regarding this property. We trust that by providing a certified letter to Mr. Craig Collins that he will forward this letter to you in the event that it is not received at the addresses listed above. We have also posted this letter at the property. Should you wish to discuss this further, please do not hesitate to call. Sincerely, 7/4/1-0 1-0 Craig R. Nealis City Manager CRN:mlk 08-29-05sheen-1 tr. doc cc: City Council City Attorney Rolling Hills Community Association Craig Collins, Attorney at Law (certified) Mike Reader, Group Delta Consultants Roy Itani, District Engineer Rafael Bernal, Senior Building Official Sarah Curran, Drainage/Grading Engineer GROUT' September 1, 2005 Project No. L-599 Dl DELTA Ci of Rollin t uail14 ati ty g Hills 2 Portuguese Bend Road Rolling Hills, California 90274 ' Attn: Craig Nealis, City Manger Subject: Pre -Road Construction and Site Winterization Recommendations, ATV and Temporary Access Roads Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is this letter to provide pre -construction and winterization recommendations related to the construction of the ATV road Trail Landslide and the lower access road. Currently, GDC is in the process of installing inclinometers in observed the following: pleased to present for construction across the Poppy the landslide and On September 1, 2005, during while installing inclinometers on the midsection of the Poppy Trail Landslide, it was observed that the landslide was still moving, as evidence by, there were traverse cracks that paralleled the toe of the landslide throughout the midsection of the landslide. Diagonal tension/shear cracks were observed along the north lateral scarp and across the northern section of George FF Canyon Trail where the trail crosses the lateral scarp of the landslide. Also, there is evidence that surface water has ran off the top of the landslide head scarp onto the landside mass. This water needs to be prevented from flowing onto the landslide where it can enter the new tension cracks, which can accelerate the movement of the landslide. 1. ♦ • . .:•, ♦www.GroupDelta.com♦ . ,' .. ..+ GIZOUP DELTA mamma L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 2 City of Rolling Hills PRE -CONSTRUCTION AND WINTERIZATION RECOMMENDATIONS Recognizing the emergency aspect of pre -construction of the proposed roadways and winterization of the Poppy Trail Landslide, it is recommended that several steps be taken during the construction of the ATV and the temporary access roads. 1. A small bulldozer should be used to seal the renewed tension cracks that developed to prevent water infiltration. At this time, the cracks are small but with time they could grow larger. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. The toe of the landslide should be compacted with a bulldozer to seal any fractures and loose soil materials. 2. The guesthouse and landslide head scarp pose an emanate danger to persons traveling on the ATV and temporary access road. Therefore the guesthouse should be demolished. The demolition debris should not be stockpiled above the head scarp but taken offsite. After the guesthouse is removed, the landslide head scarp should be flattened to 1 horizontal to 1 to reduce rock and debris fall hazards from the scarp. A temporary fence should be placed on the uphill side of the ATV road to catch any debris that may fall from above the head scarp. The fence may not be suitable for retaining large boulders or debris. 3. Before the rainy season, UV resistant plastic sheeting should be placed over the head scarp to the ATV road and from the ATV road over the toe of the landslide to prevent water from entering the landslide mass and to prevent erosion. After the abandonment of the ATV road, the landslide should eventually be completely covered with the plastic extending over the edges of the landside and from the laidback head scarp to the toe. Drainage off the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. 4. Temporary measures should be installed to divert any water collected on the paved slope ditches and drainage areas above the head scarp. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the landside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 3 City of Rolling Hills be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. As part of the pre -construction phase of this grading, GDC is installing 3 inclinometers to monitor landslide movement during grading. This data will help determine the stability of the landslide. Closure This letter summarizes the opinion of GDC, based on the limited walkover, exploration and geological mapping of the landslide, observation of the Iandside conditions and the limited review of the subject references. This evaluation was performed in accordance with generally accepted local standards using that degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical consultants practicing in this or similar localities. No other warranty, expressed or implied, is made as to the professional advice included in this report. The conclusions for this project are, to a high degree dependent upon proper quality control from the contractor. Consequently, the recommendations are made contingent on the opportunity of GDC to observe the contractors operations including slurry, grouting or any excavating. If parties other than GDC are engaged to provide such services, they must be notified that they will be required to assume complete responsibility for the geotechnical phase of the project by concurring with the conclusions in this report or provide alternate recommendations as deemed appropriate. GROUP DELTA L-599 DI Poppy Trail Landslide Group Delta Consultants. Inc. 4 City of Rolling Hills If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. SK for Mike Reader Michael D. Reader, VP, GE Steven H. Kolthoff, PG, CEG N:\Projects\500-599\L-599 Rolling Hill Poppy Trail Landslide\L-599A Poppy Trail Slide\Documents\L-599 RH Poppy Trail Landslide - Letter Report #2.doc GROUP DELTA Caw o/ feo Pli,.S �✓<Pe GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tern DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember July 12, 2005 Mr. Ying Ching Sheen 1 Poppy Trail Rolling Hills, CA 90274 Dear Mr. Sheen: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377.1521 FAX: (310) 377-7288 E-mail: ciIyofrh4aol corn On March 22, 2005, the City received the attached recommendations from our consulting geologist for immediate safety mitigation measures for the land movement involving your property. As you recall, at that time, you provided access agreements for the City of Rolling Hills to complete several of these mitigation measures. The City completed mitigation measures number 1 and 2 (2.0 SHORT TERM RECOMMENDATIONS) described in the attached letter. Mitigation measures number 3, 4 and 5 still need to be completed. We respectfully request you to complete these mitigation measures on your property prior to September 15, 2005. Please let us know if you require any assistance with finding a contractor that can complete this work on your property. We look forward to your completion of this work. Thank you for your cooperation. Sincerely, SA Craig R. Nealis City Manager CRN:mlk 07-11-LI53heen-7fr.doc cc: Mike Jenkins, City Attorney Craig Collins, Attorney at Law Mike Reader, Group Delta Consultants Ross Bolton, Bolton Engineering DELTA 14 Mail C;IBC L:I' March 22, 2005 Project No. L-599 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Attn: Craig Nealis, City Manger Subject: Summary and Emergency Recommendations Geotechnical and Geological Evaluation Poppy Trail Landslide Rolling Hills, California Mr. Nealis: As requested, GROUP DELTA CONSULTANTS, INC. (GDC) is pleased to present this letter to provide emergency recommendations related to the Poppy Trail Landslide of March 11, 2005. Our understanding of the project and recommendations are outlined below. We have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. 1.0 SITE SUMMARY On March 11, 2005, GDC was contacted by Mr. Roger Vink of the Rolling Hills Homeowners Association to perform a site reconnaissance of a landslide that occurred the day before and advice the City regarding its condition. During the site reconnaissance on March 12, 2005, it was noted that a significant landslide had occurred that completely blocked Poppy Trail near Portuguese Bend Road, below #1 Poppy Trail guesthouse. The landslide overall measured about 300 feet long, 150 wide, with a head scarp of about 30 feet vertical below the lower graded pad of the guesthouse. Poppy Trail has been over -ridden by slide debris. To provide access to homeowners on Poppy Trail, the Home Owners Association was using a horse trail located down slope from the current road. 4 1 4 4 \t \\ ‘‘.(i'1,1!11! L-599 Group Delta Consultants. Inc. P ppy Trail Ltntddi k City of Rolling ihlls The slide mass has numerous fractures, mostly in the central portion, that were observed to extend depths estimated to be up to 20 feet deep. The slide has also displaced and removed a paved drainage swale near mid -slope. The head scarp falls within the guesthouse foundation, which has been exposed and red tagged by Los Angeles County officials. GROUT' DELT:\ t1.J:F.9[rl:tF9 Many irrigation lines and concrete paved portion of the landslide. Irrigation lines, a guesthouse footing and wall debris were foundation head scarp. slope drains were noted in the central collector pipe for roof runoff next to the noticed in the area of the guesthouse Since the original site visit, local residents have constructed an access road below Poppy Trail which was covered with Crushed Miscellaneous Base (CMB). This new access road was used to drive the blocked residence automobiles into a safe area on the other side of the landside and to attempt to improve the road for All Terrain Vehicle (ATV) use. Lights have been stung along the trail with extension cords and florescent light bulbs. A water hose was found along the trail with water pressure. The hose was used for dust control and for the residences to attempt to achieve proper compaction of the sand and gravel. 2.0 SHORT-TERM RECOMMENDATIONS Currently, GDC is in the process of performing detailed mapping and drilling of the landslide. However, at your request and recognizing the emergency aspect of the situation, it is recommended that several steps be taken. 1. A small bulldozer should be used to seal the surface of the landslide mass where tension cracks have developed to prevent water infiltration and to remove the risk of someone slipping and/or falling. This can be achieved by pushing soil into the cracks and track rolling the soil to a tight compaction. 2. During the bulldozer grading the resulting surface should be sloped for drainage. Any large trees and brush on the slide should be cut and removed. The City should consider putting temporary fencing behind the head scarp and a catchment fence along the toe of the landslide. 3. With time and weather permitting, UV resistant plastic sheeting should be placed over the head scarp and in the two graben areas as a minimal action to prevent water from entering the landslide mass and to prevent erosion. The landslide should eventually be completely covered with the plastic extending over the edges of the landside. Drainage off of the plastic sheeting should be diverted away from the landslide to prevent water from accumulating on the landslide mass and to protect the temporary access road below Poppy Trail. L-5'1`) Group Delta Conxtltants. Inc. 3 Poppy "frail I_and'h,lc City of Rolling HJIs 4. Temporary measures should be installed to divert any water collected on the paved slope ditches. Sand bags, a makeshift catch basin made of sand bags in a shallow pit and a corrugated metal or PVC pipe or an "industrial sock drain" could be used for this purpose. The drainage devices should convey collected water down the slope away from the Iandside mass. Care should be taken to convey the water beyond the current access road and not to allow the water to enter the toe of the landslide. 5. A more complete inspection should be made of the areas above the landslide around the guesthouse and tennis court areas. Measures should be taken to prevent any runoff from the properties above from draining onto the landslide. This includes runoff from the roofs, into drain inlets and into paved or unpaved ditches since the outlets are unknown at this time. This may include use of sandbags, installation of temporary pipes, plastic sheeting, temporary re -grading, (which could require removal of driveways) and even redirecting the roof gutter down spouts into pipe systems and diverted away from the landslide mass. 6. NOTE: The top of the slide is a near vertical slope about 30 feet high. This scarp is highly unstable and care should taken during any bulldozer work. plastic sheeting or sandbagging to not further de -stabilize the scarp. or endanger personnel by working too close to the top or bottom of the scarp. As part of the first phase of this emergency, GDC will drill 2 to 3 bucket auger holes. Since the Iandside might not be accessible, the borings will be drilled below the landslide to determine the stability of the temporary access road and on Poppy Trail. This data will help determine the soil and rock quality and if the site is on a larger landslide. Aerial photos will be analyzed as part of this first phase. Cross -sections would be drawn based on the mapping, down -hole logging and observed landslide geometry. This data will be used to select locations and depths for borings. GROUP r L-599 Group Delta Cnn.ult;un> Inc. 4 Closure Poppy frail Landslide City of Rollin, Hills This letter summarizes the opinion of GDC, based on the limited walkover and observation of the landside conditions and the limited review of the subject references. \Ve have not as yet performed any detailed geologic mapping, subsurface exploration, laboratory analyses or engineering calculations. Rather, our role has only been to advise the City on an emergency basis to aid in evaluating the overall safety of the subject slide and the affected residences. As such, this letter is based only on our observations, preliminary r) geologic reconnaissance, professional judgment, and a cursory review of published geologic reports and City records regarding the history of the subject slope. If you have any questions, or if we can be of further service, please do not hesitate to contact Group Delta Consultants, Inc. at 310-320-5100. Respectfully Submitted, GROUP DELTA CONSULTANTS, INC. Michael D. Reader, VP, GE Steven H. Kolthoff, PC, CEG L-5')') Rh Poppy Trail Landslide - Linter Rerun 1,1 C;ROI;l' DELT:\ CROUP Group Delta Consultants. Inc. Poppy Trail l_:uij•lidc City of Rolling Ilills •_-•,- •• 14.41 . `•. Oa ,t -- .? • - . . 4-\ .O J e: J�• 2%.'z� • /4111'' li , c� • . . u•.t. '.a• 1 Project Site 11'• _ .i • • ' — -- • J-:: Ro�1'iri" ii Fs . C.c f, C T t t i : '•� N. �• •:� • • fit• A t•.1 • • 'I Hi. sad , :- Ga�`7 ,5 \ • ...,;: ; � • ' 1 J 2 • '• -c • %`..� i J. .. - _•'i3�» • • - .. .:ra. Rolljn ▪ 1 i :C..� ` •.� ) '. .JJ ▪ .t . Fruited front TODD' i'.;11997 Wildjlz:vtet Froducticvr. rwww ti•oo rornl VICINITY MAP Project Number: 1.599 Project Name: Poppy Trail Landslide Figure Date: 03/24.2005 Group Delta Consultants, Inc. Mt 1-1 AERIAL PIIOTw OF PUPPY TRAIL LANI)LSII)E ARE: (Photo March 2004) ROLLING HILLS MUNICIPAL CODE Chapter 8.24 ABATEMENT OF NUISANCES Sections: 8.24.010 Nuisance defined. 8.24.020 Duty of owner or possessor of property. 8.24.030 Notice to abate nuisance. 8.24.040 Notice to abate nuisance --Contents. 8.24.050 Hearing and decision. 8.24.060 Abatement by city --Notice of charge. 8.24.070 Lien. 8.24.080 Charges to be billed on tax bill. 8.24.090 Court action. 8.24.100 Summary abatement. 8.24.010 Nuisance defined. For the purposes of this chapter, a "nuisance" shall be defined as anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any street, and affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Notwithstanding any provisions of this chapter, the city council may define by ordinance any particular condition constituting a nuisance. (Ord. 190 §1(part), 1981). 8.24.020 Duty of owner or possessor of property. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any nuisance. (Ord. 190 §1(part), 1981). 8.24.030 Notice to abate nuisance. Whenever the City Council determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. (Ord. 190 §1(part), 1981). 8.24.040 Notice to abate nuisance --Contents. The notice shall state that if the nuisance is not abated or good -faith efforts towards abatement not been made to the satisfaction of the City Manager within fifteen days from the date thereof, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the fifteen -day period. (Ord. 190 §1(part), 1981). 8.24.050 Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made within the time set forth in Section 8.24.030, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. (Ord. 190 §1(part), 1981). 8.24.060 Abatement by city --Notice of charge. Upon failure, neglect or refusal by a person notified pursuant to Section 8.24.050 to abate a nuisance within thirty days after the date of notice, the City Council is authorized to cause the abatement of the nuisance and pay for the abatement. The City Council shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City of the cost of abatement. Such notice shall be given in the same manner as required by Section 8.24.030. (Ord. 190 §1(part), 1981). 8.24.070 Lien. If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. (Ord. 190 §1(part), 1981). 8.24.080 Charges to be billed on tax bill. The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges. (Ord. 190 §1(part), 1981). 8.24.090 Court action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to any other provision of law. (Ord. 190 §1(part), 1981). 8.24.100 Summary abatement. Notwithstanding any provisions of this chapter, the City Council may cause a nuisance to be summarily abated if the City Council determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place, or area involved of the nuisance and request him to immediately abate the nuisance. If, in the sole discretion of the City Council, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement. Such notification shall be given in the same manner as required by Section 8.24.030. The provisions of Sections 8.24.070, 8.24.080 and 8.24.090 shall be applicable. (Ord. 190 §1 (part), 1981). Chapter 8.28 ABATEMENT OF NUISANCES IN ACTIVE LANDSLIDE AREAS Sections: 8.28.010 Nuisances in active landslide areas. 8.28.020 Abatement. 8.28.010 Nuisances in active landslide areas. Any condition on property within the City which has in the recent past or may in the future aggravate, enlarge or accelerate an active landslide is declared to be a public nuisance. For the purposes of this chapter, an active landslide is defined as land which is sliding or moving on its own accord. (Ord. 190 §1(part), 1981). 8.28.020 Abatement. Any condition declared to be a public nuisance by Section 8.28.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. 190 §1(part), 1981). PROJECT: CITY OF ROLLING HILLS REPAIR OF POPPY FEE: NONE TRAIL LANDSLIDE WINTERIZATION DATE AND TIME OF OPENING: THURSDAY, DECEMBER 13, 2007 11:00 A.M. A VOLUNTARY PRE -BID MEETING WILL BE HELD ON WEDNESDAY, DECEMBER 5, 2007 AT 9:00 A.M. AT ROLLING HILLS CITY HALL, 2 PORTUGUESE BEND ROAD COMPANY DATE AMOUNT ADD =1 ADD #2 VOLUNTA RY PRE - BID MEETING 12/5/07 (C)):41 ..);?`"' Mr. Ken Deppe Hillside Repair 933 Lawrence Street Placentia, CA 92870 800-669-6942 11/6/07 L ,„ ,v ) (�-„�'�' ii5) at_A-.)),YYt"-k-tt Y Mr. Dutch Philips Dutch Phillips Engineering, Inc. P. O. Box 7834 Laguna Niguel, CA 92607-7834 044435-1917 y)_ _ 11/6/07 rA4 j'� O V16--1 -' �� c'41q-(.oq-q3 r r1./E ..( - 3� AIPPI `-v`J k )))sli _.,y4 x� p6 , Mr. Doug Sadler BMP Solutions ty 1197 Bonnie View Ma -Valley, CA 13555 951-204-6913 11/6/07 \\ �, , R/• ��\(' N- (J . Q}' -1 Mr. Bart Patel ECB 1651 Iowa Ave. Riverside, CA 92507 `' te 11/6/07 .�S �' /v. '' �v`i`'O� ,..4.4.....wv........) t909-821-6059 i JAJVDLRJ' HYD.KUSEL1111V (i,11V (.: - WU KEFUR1' Page: 1 Date: Thursday, 12/13/07 7:30AM Truck: #4 Foreman: JAVIER Crew: EDGAR/TONY Job No: 07-00291-01 Jobname: SLOPE REPAIR Customer: CITY OF ROLLING HILLS Address: 2 PORTUGUESE BEND RD. Map Bk: LA Page: 793 Grid: E7 Location: ROLLING HILLS Contacts: TONY Phone: OFF (310)355-1521 Directs: 55 SOUTH- 405 NORTH- 110 SOUTH- ANAHEIM AVE. RIGHT- PALOS VERDES DR. NORTH LEFT- PORTUGUESE BEND LEFT. MOVE STATISTICS No. Bags Actual/Est Maximum Mix Description SqFt Loads Hours Premixed SqFt SqFt SLOPE MIX 9,000 0.32 1. 1 0. 0 ACTUAL TOTAL 9,000 0.32 2.0 0.0 (1) SLOPE MIX Trip SqFt: 9,000 Loads: 0.32 SqFt/Load: 9,000 SqFt Bal: 0 Time In: Time Out: Area Type: Loads/Bales: Rate Units Description 2000.00 #/A Wood cellulose -fiber 250.00 #/A 6-20-20xb commercial fertilizer 250.00 #/A 38-0-0 nitroform 150.00 #/A Stabilizing binder 10.00 #/A Vulpia microstachys 8 . 0 0 #/A Bromus carinatus 4.00 #/A Melica californica 3 .-0 0 #/A Eschscholzia californica 2.00 #/A Mimulus aurantiacus puniceus 2.00 #/A Lasthenia californica Comments: December 12, 2007 12:59PM Measures Per Load Measures Per 0.32 Load 8.30 bags 1.05 bags 1.05 bags 0.60 bag 3.0 qts, 4 ozs 2.0 qts, 3 ozs 3.0 qts, 11 ozs 0.5 qt, 2 ozs 0.5 qt, 8 ozs 1.0 qt, 5 ozs CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION REQUEST FOR BIDS City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Phone: (310) 377-1521 Fax: (310) 377-7288 E -Mail: mkern@cityofrh.net Request for Proposal CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WEATHERIZATION The City of Rolling Hills invites bids for the repair of the winterization of the Poppy Trail Landslide. Bids shall be received in the of the City Clerk, City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California 90274 by 11:00 a.m. on December 13, 2007. PROJECT LOCATION: The area to be repaired is on the eastern slope of 1 Poppy Trail Lane in the City of Rolling Hills. SCOPE OF WORK The Scope of Work is as follows: 1. Behind the top of the landslide, the plastic sheeting has been displaced off the soil area onto the slope. The displaced plastic needs to be placed back over the exposed soil then covered with clean 1/2 -inch aggregate. The aggregate will hold the plastic down and support the area for access. (See photos labeled "1") 2. The TRM 50 plastic blanket, on the southern portion of the landslide's upper back scarp, has been damaged. The damaged area needs to be repaired by covering exposed soil with black plastic sheeting. The TRM 50 fiber blanket will need to be placed into original position then re -spiked into the ground. (See photos labeled "2") 3. The plastic cover along the west side of the ATV road has moved and soil is exposed. The soil areas need to be covered. (See photos labeled "3") 4. The plastic cover adjacent to the east side of the ATV road is open to water runoff. This area needs to be sealed with a soil or sand berm. (See photos labeled "4") Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rate of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex or religion will also be required. A VOLUNTARY PRE -BID MEETING WILL BE HELD ON WEDNESDAY, DECEMBER 5, 2007 AT 9:00 A.M. AT ROLLING HILLS CITY HALL, 2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -2- Request for Proposal The AGENCY reserves the right to reject any or all bids. The cost of preparation of bids shallbe borne exclusively by the bidders. PROPOSAL Bids shall be submitted in writing on the form immediately following this Request for Bids. The successful bidder will be expected to execute the form of agreement also attached to this Request. DELIVERY OF PROPOSAL Bids shall be enclosed in a sealed envelope plainly marked on the outside "BID FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION." Bids must be received no later than 11:00 a.m. on December 13, 2007. Late bids will not be considered. WITHDRAWAL OF PROPOSALS A bid may be withdrawn by a written request signed by the bidder. The withdrawal of a bid will not prejudice the right of the bidder to submit a new bid, providing there is time to do so. INQUIRIES REGARDING THE PROTECTS Any inquiries regarding the projects should be directed as follows: NAME AGENCY PHONE NUMBER Mr. Anton City of Rolling Hills (310) 377-1521 Dahlerbruch TAXES No mention shall be made in the bid of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such bids will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal bid as a prime Contractor. No bid will be accepted from a bidder who has not been licensed in accordance with the provisions of the State. Business and Professions Code. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -3- Request for Proposal DISCREPANCIES AND MISUNDERSTANDINGS No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies in the Scope of Work shall be called to the attention of the City of Rolling Hills and clarified prior to the submission of bids. EQUIVALENT MATERIALS Request for consideration and the approval of equivalents must be submitted and authorized in writing. Requests for substitution- of equipment and materials and submission of substantiating data must be submitted in writing no later than thirty-five (35) days after award of the contract. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City of Rolling Hills. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -4- Request for Proposal BID FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION TO THE CITY OF ROLLING HILLS, as AGENCY: In accordance with the AGENCY'S Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amount, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates WITHIN TEN DAYS, not including Saturdays, Sundays and legal holidays, after the AGENCY has mailed notice of the award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void: City of Rolling Hills Repair of Poppy Trail Landslide Winterization -5- Request for Proposal BID SCHEDULE FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION LABOR AND MATERIALS TO COMPLETE REPAIR OF DRAIN PER ATTACHED PLANS AN SPECIFICATIONS: TOTAL AMOUNT BID IN FIGURES TOTAL AMOUNT BID IN WORDS City of Rolling Hills Repair of Poppy Trail Landslide Winterization -6- Request for Proposal DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one 'percent of the bid and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS, AND PHONE NUMBER OF SUBCONTRACTORS, SUPPLIERS'AND VENDORS TYPE OF WORK PORTION OF WORK MATERIALS OR EQUIPMENT AS A PERCENTAGE OF TOTAL BID BIDDER'S REFERENCES The following are the names, addresses and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: 1. Name and address of owner Name and telephone number of person familiar with project 2. Contract amount Type of work Date completed Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed City of Rolling Hills Repair of Poppy Trail Landslide Winterization -7- Request for Proposal 3. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. CONTRACTOR'S LICENSE REQUIREMENT The undersigned certifies that he/she is aware that this contract cannot be awarded to him/her unless, at the time of the submittal of the proposal, he/she is the holder of a valid California Contractor's License proper and adequate for the work required by this contract, and that the failure to obtain proper and adequate licensing for an award of the contract shall result in the forfeiture of the bidder's security. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -8- Request for Proposal BIDDERS' INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone State Contractor's License No. and Class Original Date Issued Expiration Date All current and prior DBA's, alias, and/ or fictitious business names for any principal having an interest in this proposal are as follows: I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct. Executed this day of 20 , at , California. Signature and Title of Bidder or Authorized Representative City of Rolling Hills Repair of Poppy Trail Landslide Winterization -9- Request for Proposal CITY OF ROLLING HILLS AGREEMENT FOR REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION THIS AGREEMENT is made and entered into for the above stated project this day of , 20 , by and between the City of Rolling Hills ("CITY") and , ("CONTRACTOR"). CITY and CONTRACTOR agree as follows: ARTICLE 1 The contract documents for the Poppy Trail Winterization Repair project shall consist of the Request For Proposals together with three (3) signed copies of this Agreement, one (1) copy of the 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. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Bid 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 for any description connected with the work. ARTICLE IV CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1775 concerning penalties for failure to pay prevailing wages. The Contractor shall, as a City of Rolling Hills Repair of Poppy Trail Landslide Winterization -10- Request for Proposal penalty to the CITY, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the work is employed for any public work done under the contract by CONTRACTOR or by any subcontractor. CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. In accordance with California Labor Code Section 1860 and 3700, every Contractor 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." ARTICLE V CONTRACT agrees to indemnify and hold harmless CITY and all of its officers, employees and agents from any claims, demands, or causes or action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder as set forth in the Scope of Work. ARTICLE VI 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 not force and effect. ARTICLE VII 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 the 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. • ARTICLE VIII The CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special, or other taxes and duties applicable to, and assessable against City of Rolling Hills Repair of Poppy Trail Landslide Winterization -11- Request for Proposal. any work, materials, equipment, services, processes and operations incidental to or involved in this Agreement. The CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in this Agreement shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect of the bid opening date. ARTICLE IX All notices and communications shall be sent to the parties at the following address: CITY: CONTRACTOR: City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 ARTICLE X 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 Agreement 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE XI 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. ARTICLE XII Insurance coverages shall be provided by CONTRACTOR as follows: The liability insurance coverage values are hereby established to be: Insurance Coverage Requirements Comprehensive General Liability Products/Completed Operations Hazard Comprehensive Automobile Liability Contractual General Liability City of Rolling Hills Repair of Poppy Trail Landslide Winterization -12- Limit Requirements $ 500,000 $ 500,000 $ 500,000 $ 500,000 Request for Proposal The CITY and the Rolling Hills Community Association, it officers, employees and agents, shall be named as additional insured on all such policies. Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without (30) days prior written notice having been given to the CITY (ten (10) days for nonpayment of premium). All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds. The General Aggregate Limits must apply "per project." The CONTRACTOR shall provide an endorsement form CG 20 10 11 85 (ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -FORM B) issued by their insurance company. A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of ,20 CONTRACTOR: (Title) Contractor's License No. Subscribed and sworn to this day of , 20 NOTARY PUBLIC (SEAL) CITY: Mayor of the of the City of Rolling Hills Date ATTESTED: City Clerk of the City of Rolling Hills Date (EXECUTE IN TRIPLICATE) City of Rolling Hills Repair of Poppy Trail Landslide Winterization -13 Request for Proposal Number 1 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -14- Request for Proposal Number 1 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -15- Request for Proposal Number 1 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -16- Request for Proposal Number 1 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -17- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -18- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -19- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -20- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -21- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -22- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -23- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -24- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -25- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -26- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -27- Request for Proposal Number 4 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -28- Request for Proposal Number 4 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -29- Request for Proposal Number 4 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -30- CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION REQUEST FOR BIDS City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Phone: (310) 377-1521 Fax: (310) 377-7288 E -Mail: mkern@cityofrh.net Request for Proposal CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WEATHERIZATION The City of Rolling Hills invites bids for the repair of the winterization of the Poppy Trail Landslide. Bids shall be received in the of the City Clerk, City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California 90274 by 11:00 a.m. on December 13, 2007. PROJECT LOCATION: The area to be repaired is on the eastern slope of 1 Poppy Trail Lane in the City of Rolling Hills. SCOPE OF WORK The Scope of Work is as follows: 1. Behind the top of the landslide, the plastic sheeting has been displaced off the soil area onto the slope. The displaced plastic needs to be placed back over the exposed soil then covered with clean 1/2 -inch aggregate. The aggregate will hold the plastic down and support the area for access. (See photos labeled "1") 2. The TRM 50 plastic blanket, on the southern portion of the landslide's upper back scarp, has been damaged. The damaged area needs to be repaired by covering exposed soil with black plastic sheeting. The TRM 50 fiber blanket will need to be placed into original position then re -spiked into the ground. (See photos labeled "2") 3. The plastic cover along the west side of the ATV road has moved and soil is exposed. The soil areas need to be covered. (See photos labeled "3") 4. The plastic cover adjacent to the east side of the ATV road is open to water runoff. This area needs to be sealed with a soil or sand berm. (See photos labeled "4") Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rate of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex or religion will also be required. A VOLUNTARY PRE -BID MEETING WILL BE HELD ON WEDNESDAY, DECEMBER 5, 2007 AT 9:00 A.M. AT ROLLING HILLS CITY HALL, 2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -2- Request for Proposal The AGENCY reserves the right to reject any or all bids. The cost of preparation of bids shall be borne exclusively by the bidders. PROPOSAL Bids shall be submitted in writing on the form immediately following this Request for Bids. The successful bidder will be expected to execute the form of agreement also attached to this Request. DELIVERY OF PROPOSAL Bids shall be enclosed in a sealed envelope plainly marked on the outside "BID FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION." Bids must be received no later than 11:00 a.m. on December 13, 2007. Late bids will not be considered. WITHDRAWAL OF PROPOSALS A bid may be withdrawn by a written request signed by the bidder. The withdrawal of a bid will not prejudice the right of the bidder to submit a new bid, providing there is time to do so. INQUIRIES REGARDING THE PROJECTS Any inquiries regarding the projects should be directed as follows: NAME AGENCY PHONE NUMBER Mr. Anton City of Rolling Hills (310) 377-1521 Dahlerbruch TAXES No mention shall be made in the bid of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such bids will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal bid as a prime Contractor. No bid will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -3- Request for Proposal DISCREPANCIES AND MISUNDERSTANDINGS No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies in the Scope of Work shall be called to the attention of the City of Rolling Hills and clarified prior to the submission of bids. EOUIVALENT MATERIALS Request for consideration and the approval of equivalents must be submitted and authorized in writing. Requests for substitution of equipment and materials and submission of substantiating data must be submitted in writing no later than thirty-five (35) days after award of the contract. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City of Rolling Hills. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -4- Request for Proposal BID FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION TO THE CITY OF ROLLING HILLS, as AGENCY: In accordance with the AGENCY'S Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELE 1'E ANY ITEM FROM THE CONTRACT. It is agreed that the lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amount, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates WITHIN TEN DAYS, not including Saturdays, Sundays and legal holidays, after the AGENCY has mailed notice of the award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -5- Request for Proposal BID SCHEDULE FOR CITY OF ROLLING HILLS REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION LABOR AND MATERIALS TO COMPLETE REPAIR OF DRAIN PER ATTACHED PLANS AN SPECIFICATIONS: TOTAL AMOUNT BID IN FIGURES TOTAL AMOUNT BID IN WORDS City of Rolling Hills Repair of Poppy Trail Landslide Winterization -6- Request for Proposal DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS, AND PHONE NUMBER OF SUBCONTRACTORS, SUPPLIERS AND VENDORS TYPE OF WORK PORTION OF WORK MATERIALS OR EQUIPMENT AS A PERCENTAGE OF TOTAL BID BIDDER'S REFERENCES The following are the names, addresses and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years: 1. Name and address of owner Name and telephone number of person familiar with project 2. Contract amount Type of work Date completed Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed City of Rolling Hills Repair of Poppy Trail Landslide Winterization -7- Request for Proposal 3. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed EOUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding: CONTRACTOR'S LICENSE REQUIREMENT The undersigned certifies that he/she is aware that this contract cannot be awarded to him/her unless, at the time of the submittal of the proposal, he/she is the holder of a valid California Contractor's License proper and adequate for the work required by this contract, and that the failure to obtain proper and adequate licensing for an award of the contract shall result in the forfeiture of the bidder's security. City of Rolling Hills Repair of Poppy Trail Landslide Winterization -8- Request for Proposal BIDDERS' INFORMATION BIDDER certifies that the following infoiiniation is true and correct: Bidder's Name Business Address Telephone State Contractor's License No. and Class Original Date Issued Expiration Date All current and prior DBA's, alias, and / or fictitious business names for any principal having an interest in this proposal are as follows: I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct. Executed this day of 20 , at , California. Signature and Title of Bidder or Authorized Representative City of Rolling Hills Repair of Poppy Trail Landslide Winterization -9- Request for Proposal CITY OF ROLLING HILLS AGREEMENT FOR REPAIR OF POPPY TRAIL LANDSLIDE WINTERIZATION THIS AGREEMENT is made and entered into for the above stated project this day of , 20 , by and between the City of Rolling Hills ("CITY") and , ("CONTRACTOR"). CITY and CONTRACTOR agree as follows: ARTICLE 1 The contract documents for the Poppy Trail Winterization Repair project shall consist of the Request For Proposals together with three (3) signed copies of this Agreement, one (1) copy of the 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. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Bid 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 for any description connected with the work. ARTICLE IV CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1775 concerning penalties for failure to pay prevailing wages. The Contractor shall, as a City of Rolling Hills Repair of Poppy Trail Landslide Winterization -10- Request for Proposal penalty to the CITY, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the work is employed for any public work done under the contract by CONTRACTOR or by any subcontractor. CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. In accordance with California Labor Code Section 1860 and 3700, every Contractor 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." ARTICLE V CONTRACT agrees to indemnify and hold harmless CITY and all of its officers, employees and agents from any claims, demands, or causes or action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder as set forth in the Scope of Work. ARTICLE VI 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 not force and effect. ARTICLE VII 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 the 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. ARTICLE VIII The CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special, or other taxes and duties applicable to, and assessable against City of Rolling Hills Repair of Poppy Trail Landslide Winterization -11- Request for Proposal any work, materials, equipment, services, processes and operations incidental to or involved in this Agreement. The CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in this Agreement shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect of the bid opening date. ARTICLE IX All notices and communications shall be sent to the parties at the following address: CITY: CONTRACTOR: City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 ARTICLE X 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 Agreement 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE XI 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. ARTICLE XII Insurance coverages shall be provided by CONTRACTOR as follows: The liability insurance coverage values are hereby established to be: Insurance Coverage Limit Requirements Requirements Comprehensive General Liability $ 500,000 Products/Completed Operations Hazard $ 500,000 Comprehensive Automobile Liability $ 500,000 Contractual General Liability $ 500,000 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -12- Request for Proposal The CITY and the Rolling Hills Community Association, it officers, employees and agents, shall be named as additional insured on all such policies. Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without (30) days prior written notice having been given to the CITY (ten (10) days for nonpayment of premium). All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds. The General Aggregate Limits must apply "per project." The CONTRACTOR shall provide an endorsement form CG 20 10 11 85 (ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS —FORM B) issued by their insurance company. A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 CONTRACTOR: (Title) Contractor's License No. Subscribed and sworn to this day of , 20 NOTARY PUBLIC (SEAL) CITY: Mayor of the of the City of Rolling Hills Date ATTESTED: City Clerk of the City of Rolling Hills Date (EXECUTE IN TRIPLICATE) City of Rolling Hills Repair of Poppy Trail Landslide Winterization -13- H 5 z Request for Proposal di Request for Proposal Number 1 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -15- Request for Proposal N 1.4 tt 144 lam) ti O RI g •N 4.4 tN d U 1-1 ,.Q 5 z Requ est for Proposal ri N it v 5 z Request for Proposa l CO Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -19- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -20- Request for Proposal Number 2 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -21- N utz z R equ est for Proposal N N 5 z R equest for Proposal Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -24- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -25- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -26- Request for Proposal Number 3 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -27- Request for Proposal Number 4 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -28- eM E R equ est for Proposal a\ N Request for Proposal Number 4 City of Rolling Hills Repair of Poppy Trail Landslide Winterization -30- Ewa Nikodem Tue, Dec 11, 2007 9:44 AM Subject: FW: hydro -seeding in Rolling Hills Date: Monday, December 10, 2007 12:45 PM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Ewa Nikodem <enikodem@cityofrh.net> Cc: Marilyn Kern <mkern@cityofrh.net> Conversation: hydro -seeding in Rolling Hills We should make a sign and post it at the riding ring. Thinking today may not be a good day to create one, let's do it and post it tomorrow. I'm thinking the sign should say: NOTICE On 12/13/07 at 7:30 a.m. for approximately 2 -hours, hydroseeding will be taking place in this immediate area. Please be advised that there may be noise and potentially distruption to use of the riding ring. Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Mon, 10 Dec 2007 12:37:37 -0800 To: Anton Dahlerbruch <adahlerbruch©cityofrh.net> Conversation: hydro -seeding in Rolling Hills Subject: RE: hydro -seeding in Rolling Hills The closer the better, but it really doesn't matter if they have to drive a little to get to it. Page 1 of 6 From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] Sent: Monday, December 10, 2007 12:33 PM To: Scott Johannes Subject: Re: hydro -seeding in Rolling Hills How far away can the hydrant be? On 12/10/07 12:27 PM, "Scott Johannes" <scott@sandershydroseeding.com> wrote: We try to arrive at the job +1- 7:30am. There will be a diesel engine running the hydromulching machine. I wouldn't say it's real loud, but it's not quiet. Figure about 2 hours to finish. The main thing for us is a water source (hydrant with meter is best) to fill our tank. Scott From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] <mailto:adahlerbruch@cityofrh.net%5d> Sent: Monday, December 10, 2007 12:21 PM To: Scott Johannes Cc: Ewa Nikodem Subject: Re: hydro -seeding in Rolling Hills Scott, so we can anticipate what's all involved, there are a couple of questions so, if needed, we can post the area and close an adjacent riding ring if necessary. How long will it take once you arrive here? Is it loud? Anything else about it that we need to know since I'm not familiar with how this works? I have a 9am, 12pm and 4pm mtg on Thursday. I'd like to be at the site when this takes place so it would be good to fit within these times. The City allows Page 2 of 6 lb work after 7am in the morning if you wanted to do it first thing. Please let us know. Thx, Tony Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Mon, 10 Dec 2007 07:13:34 -0800 To: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> Conversation: hydro -seeding in Rolling Hills Subject: RE: hydro -seeding in Rolling Hills usually call the customer the day before the job with the time. If you have a preference, just let me know. Scott From: Ewa Nikodem_City of Rolling Hills [mailto:enikodem@cityofrh.net] <mailto:enikodem@cityofrh.net%5d> <mailto:enikodem@cityofrh.net%5d> Sent: Friday, December 07, 2007 4:10 PM To: Scott Johannes Subject: Re: hydro -seeding in Rolling Hills Thank you Scott. Could you please give us an idea of what time you may be arriving Thursday and approximately how long the job will take? Thank you again for all of your help. Ewa Ewa Nikodem City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Ext. 221 Fax: 310-377-7288 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 3 of 6 Ewa Nikodem Fri, Dec 7, 2007 3:36 PM Subject: quote Date: Friday, December 7, 2007 3:26 PM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: John Albright <jalbright@pacbell.neb Cc: Ewa Nikodem <enikodem@cityofrh.net> Conversation: quote Hi John. Thanks for sending over the quote so quickly. While I'm not in the office today, I understand from Ewa that the total quote is $2,075.85 of which approx $1,500 is material and $500 is labor. The hydroseeding will cost us about $900. While I appreciate your sensitivity to keeping the price reasonable, I'm not sure we want to spend over double that amount for temporary irrigation. As such, I think we'll need to pass and hope it rains. If you have any other thoughts or suggestions, please let us know. I hope you have a nice weekend. Tony Page 1 of 1 Ewa NaZodem Thu, Dec 6, 2007 3:31 PM Subject: FW: Hydroseeding Date: Thursday, December 6, 2007 3:30 PM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Ewa Nikodem <enikodem@cityofrh.net> Conversation: Hydroseeding Please save this in the hydroseeding file. Thx, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: Steven Kolthoff <stevek©groupdelta.com> Date: Thu, 6 Dec 2007 09:13:43 -0800 To: 'Anton Dahlerbruch' <adahlerbruch©cityofrh.net> Subject: RE: Hydroseeding Tony, I would not irrigate during the rainy season as we should get rain this year. If the slopes start to dry out due to lack of rain, you can start an irrigation program. I would irrigate 15 minutes in the morning and 15 minutes late afternoon since the winter is cool and low sun. Also, the mulch that they mix with the seed should absorb water and keep the ground moist. If they use native seeds, they most likely drought resistant and need less water to germinate. The first rain after application of the seed should get the germination going plus the ground will stay wet for a while. Page 1 of 4 The rain tonight is suppose to be heavy so I will give it a few weeks then we shall collect some inclinometer data. Therre should be some slope errosion from this storm. SK From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] Sent: Thursday, December 06, 2007 8:44 AM To: Steven Kolthoff Subject: FW: Hydroseeding Steve, for the hydroseeding we will be doing for the area below Poppy Trail Road, you said that the soil should not get wet deeper than 12 inches. Per the email below, do you think running the sprinklers for 10 minutes for four- to five -times a day okay for about 6 to 8 weeks okay?? If not, please let me know your suggestion of how much watering is advisable. We don't want to water too much!! Thx, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Thu, 6 Dec 2007 08:36:16 -0800 To: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Conversation: Hydroseeding Page 2 of 4 Subject: RE: Hydroseeding Well, I am not knowledgeable on the coverage of your sprinklers, but I would say maybe 10 minutes per valve. You want to get the area completely moist without runoff. Don't expect much germination for about 6-8 weeks. Complete establishment can take up to 2-4 years! Scott From: Anton Dahlerbruch[mailto:adahlerbruch@cityofrh.net] Sent: Thursday, December 06, 2007 8:33 AM To: Ewa Nikodem; Scott Johannes Subject: Re: Hydroseeding Scott, thanks for getting back to us. How long should the sprinklers run? E.g., 5 min, 5 times a day? And, for how long...until we see something grow, 2 weeks, or? Thx, Tony Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Thu, 6 Dec 2007 08:19:01 -0800 To: Ewa Nikodem_City of Rolling Hills <enikodem a cityofrh.net> Conversation: Hydroseeding - City of Rolling Hills Subject: Hydroseeding - City of Rolling Hills What you need to do is to try to keep the areas hydroseeded moist constantly, never drying out! Usually sprinklers should run for short periods multiple times during the day (maybe 4-5 times). Native seed mixes such as this one are not really quick germinators, so patience will be necessary! Rainfall will be the best help if we get some this year. Scott Page 3 of 4 Ewa Nikodem Tue, Dec 4, 2007 8:10 AM Subject: FW: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills Date: Tuesday, December 4, 2007 8:06 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Kristen Raig <kraig@rhca.net> Cc: Ewa Nikodem <enikodem@cityofrh.net> Conversation: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills Kristen, in anticipation that the Association cannot/will not provide water, we are proceeding to schedule the hydro -seeding. Per Ewa's email, is there a better date for this work to be done (when is the ring in use and can we post the area in advance so people are aware)? When you do determine the RHCA's position on the watering, please let us know. Thanks, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: Ewa Nikodem City of Rolling Hills <enikodem©cityofrh.net> Date: Tue, 04 Dec 2007 07:59:47 -0800 To: Anton Dahlerbruch <adahlerbruch©cityofrh.net> Conversation: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills Subject: FW: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills Tony, would you like them to start this Thursday in the morning or next week Wednesday? Page 1 of 2 Ewa Nikodem City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 310-377-1521 Ext. 221 Fax: 310-377-7288 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Tue, 4 Dec 2007 07:50:13 -0800 To: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> Conversation: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills Subject: RE: Agreement- Bid # 07-00885 hydro -seeding in Rolling Hills We could do this job any day you like! If tomorrow works for you it works for us! Have whoever is going to meet us give me a call and we can schedule a day and time and a meeting place. Scott Scott Johannes Vice President Tel: 714 973-8873 x711 Fax: 714 973-9120 End of Forwarded Message Page 2 of 2 r CONTRACT AGREEMENT FOR CITY OF ROLLING HILLS HYDROSEEDING OF AREA BELOW POPPY TRAIL ROAD THIS CONTRACT AGREEMENT ("Agreement") is made and entered into for the above stated project this day of , 20 , between the City of Rolling Hills. as AGENCY, and Sanders Hydroseeding, Inc. as CONTRACTOR. AGENCY and CONTRACTOR agree as follows: ARTICLE I For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project under the supervision of AGENCY'S contract engineer, Ross Bolton. ARTICLE II AGENCY desires hydroseeding in 6,750 area designated in Exhibit 1 (Photos 303, 304 and 305). CONTRACTOR agrees to receive and accept the prices set forth in Exhibit 2 (Quote for Poppy Trail Road Hydroseeding) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. AGENCY will pay the CONTRACTOR in a lump sum within 30 days of completion of the work. CONTRACTOR will perform the specified work within 30 days of execution of the agreement at a date and time mutually agreed upon by AGENCY and CONTRACTOR. ARTICLE III CONTRACTOR acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing the Section 1720) of the California Labor Code relating to public works and public agencies and agrees to be bound by all the provisions thereof as though set forth in full herein. 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." ARTICLE IV 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 not force and effect. Page 1 of 3 OR i9 14/v2 - .111mml N O V 2 `? 2007 CITY OF ROLLING HILLS By ARTICLE V CONTRACT agrees to indemnify and hold harmless CITY and all of its officers, employees and agents from any claims, demands, or causes or action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder as set forth in the Scope of Work. ARTICLE VI CONTRACTOR is and shall at all times remain as to the AGENCY, a wholly independent CONTRACTOR. Neither the AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of the CON'1'1' ACTOR's employees, except as herein set forth, namely supervision of Ross Bolton. 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 AGENCY. ARTICLE VII The 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 in this contract. ARTICLE VIII This contract 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE IX Proof of insurance coverages shall be provided by CONTRACTOR as follows: Insurance Coverage Requirements Comprehensive General Liability Comprehensive Automobile Liability Workers Compensation Limit Minimum Requirements $ 1,000,000 $ 1,000,000 $ 1,000,000 Page 2 of 3 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of 20, CONTRACTOR: AGENCY: City Manager of the of the City of Rolling Hills ATTESTED: 2-/3/67 Date /-1,`00-) Marilyn Kern Date Deputy City Clerk of the City of Rolling Hills Page 3 of 3 4 X W SANDERS HYDROSEEDING, INC. Exhibit 2 1708 SOUTH SANTA FE SANTA ANA, CA 92705 (714)973-8873 FAX (714)973-9120 QUOTATION SHEET CITY OF ROLLING HILS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 ATTN: ANTON DAHLERBRUCH JOB: HYDROSEED QUOTE, ROLLING HILLS 303.304.305: 6.750 Sq Ft - 1 Move ADD AREA 306: 2000.00 #/A Wood cellulose fiber 300.00 #/A 6-20-20xb commercial fertilizer 200.00 #/A 38-0-0 nitroform 150.00 #/A Stabilizing binder 10.00 #/A Vulpia microstachys 8.00 #/A Bromus carinatus 4.00 #/A Melica californica 3.00 #/A Eschscholzia californica 2.00 #/A Lasthenia californica @US $0.1349 Per Sq.Ft. US $910.57 2000.00 #/A 300.00 #/A 200.00 #/A 150.00 10.00 8.00 4.00 3.00 2.00 #/A #/A #/A #/A #/A #/A DATE: 11/07/07 CUST #: S-03395 BID # : 07-00885 9.000 Sq Ft - 1 Move Wood cellulose fiber 6-20-20xb commercial fertilizer 38-0-0 nitroform Stabilizing binder Vulpia microstachys Bromus carinatus Melica californica Eschscholzia californica Lasthenia californica @US $0.1084 Per Sq.Ft. US $975.60 STANDARD WAGE RATE QUOTE VALID FOR 6 MONTHS TERMS AND CONDITIONS OF SALE: Buyer shall verify the amount of material delivered equals the amount ordered and inspect the sprayed arca after applicaion of the material. Buyer's , or Buyer's representative's signature on the Delivery Receipt shall indicate Buyer's acceptance of the application in accordance with theplans and7or specifications. Buyer's failure to inspect the sprayed area during and after application shall be deemed Buyer's acceptance that the materials have been applied in accordance with the plans and/or specifications. Buyer acknowledgesthat Seller is not responsible for the growth of the seeded product. Growth depends upon circumstances which Seller has no control of, such as irrigation, maintenance, soil and weather conditions. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this Agreement, and unless an affirmation, representation, or warranty made by an agent, employee, or reprcscntauve is specifically included within this written Agreement, it shall no be enforceable by Buyer. SELLER WARRANTS that all seed supplied meets or exceeds state and federal seed law requirements, including restrictions on minimum weed seed. SELLER FURTHER WARRANTS that the seed supplied does not contain any noxious —ds. Buyer accepts all responsibility for weeds occurring on the projccL SELLER WARRANTS that all materials will be supplied in accordance with the plans and specifications. This agreement and all rights and obligations of the parties hereto, shall be governed by the Uniform Commercial Code as enacted and in force in the state of California on the delivery date. If any party to this agreement resorts to a legal action or arbitration to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which said party shall be entitled. This provision applies to the entire Agreement Payments not received within 30 days of invoice date shall accrue a finance charge of 1.5% per month on the unpaid balance. TERMS: Net 30 TITLE DATE X TITLE DATE Cust. Phone: (310)377-1521 Customer Signature Cust. FAX: Customer P.O. # Indicated in upper right hand corner. STATES P SITA� ERVICE� Click -N -S" "'pO U.S. POSTAGE REQUIRED USPS PRIORITY MAIL® EWA NIKO DEM CITY OF RO LLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 SHIP SANDERS HYDRO SEEDING INC. TO: SCOTT JOHANNAS 1708 S SANTA FE ST SANTA ANA CA 92705-4813 1111111111III III 111111iu11u11tuu11u111Iall ZIP - e/ USPS SIGNATURE CONFIRMATIONTM 1 i 11111111 11111111 420 92705 9121 0385 5574 9072 9553 91 Electronic Rate Approved #038555749 dC) vCD - m A71/118H SS3tld 3SYI37d A7Wtild SS3tld 3S1/37 d A7W111d SS3Ud 3SV37d This packaging is the property of the U.S. Po stal Service ® and is pro vided so lely for use in sendin g Priority Mail O. Misuse maybe a vio latio n of federal law. © EP14F Ja nuary 2006 USPS ALL RIGH TS RESERVED Print Postage Online - Go to aulluoaIelsod cuoo •sds Cut on dotted line. Instructions 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label Is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail postage to your label or take to a Post Officer'". 5. Stamped packages weighing 13 ounces or more may not be placed in USPS collection boxes. 6. Mail your package on the "Ship Date" you selected when creating this label. Online Label Record (Label 1 of 1 ) Signature ConfirmationTM Number: 2103 8555 7490 7295 5391 Not Paid Online Print Date: 12/03/2007 Priority Mail® Postage: Ship Date: 12/03/2007 Signature Confirmation: $1.75 Weight: 0 lb 8 oz (Electronic Rate) Total: 36.35 From: EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: SANDERS HYDROSEEDING INC. SCOTT JOHANNAS 1708 S SANTA FE ST SANTA ANA CA 92705-4813 • Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. Refunds for unused postage paid labels can be requested online 10 days from the print date. A copy of the recipients signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. UNITED STATES Thank you for shipping with the United States Postal Service! itrama POSTAL SERVICE Check the status of your shipment on the Track & Confirm page at www.usps.com Marilyn Kern Mon, Nov 26, 2007 11:50 AM Subject: Hydroseeding Date: Tuesday, November 20, 2007 7:19 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Ewa Nikodem <enikodem@cityofrh.net> Cc: Marilyn Kern <mkern@cityofrh.net> Conversation: Hydroseeding Ewa, can you please forward the hydroseeding company this agreement for their review and approval. If they approve, they should sign two copies. If they have concerns or problems with it, they should let us know so we can consider modifications. When sending it over, there are two exhibits to include. One is their price quote and the other are the first 3 of 4 photos (they are numbered). All can be found in the Public folder "Agreements", "Hydroseeding." Thx, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 1 of 1 CONTRACT AGREEMENT FOR CITY OF ROLLING HILLS HYDROSEEDING OF AREA BELOW POPPY TRAIL ROAD THIS CONTRACT AGREEMENT ("Agreement") is made and entered into for the above stated project this day of , 20 , between the City of Rolling Hills. as AGENCY, and Sanders Hydroseeding, Inc. as CONTRACTOR. AGENCY and CONTRACTOR agree as follows: ARTICLE I For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project under the supervision of AGENCY'S contract engineer, Ross Bolton. ARTICLE II AGENCY desires hydroseeding in 6,750 area designated in Exhibit 1 (Photos 303, 304 and 305). CONTRACTOR agrees to receive and accept the prices set forth in Exhibit 2 (Quote for Poppy Trail Road Hydroseeding) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. AGENCY will pay the CONTRACTOR in a lump sum within 30 days of completion of the work. CONTRACTOR will perform the specified work within 30 days of execution of the agreement at a date and time mutually agreed upon by AGENCY and CONTRACTOR. ARTICLE III CONTRACTOR acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing the Section 1720) of the California Labor Code relating to public works and public agencies and agrees to be bound by all the provisions thereof as though set forth in full herein. 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." ARTICLE IV 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 not force and effect. ARTICLE V Page 1 of 3 CONTRACT agrees to indemnify and hold harmless CITY and all of its officers, employees and agents from any claims, demands, or causes or action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder as set forth in the Scope of Work. ARTICLE VI CONTRACTOR is and shall at all times remain as to the AGENCY, a wholly independent CONTRACTOR. Neither the AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of the CONTRACTOR's employees, except as herein set forth, namely supervision of Ross Bolton. 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 AGENCY. ARTICLE VII The 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 in this contract. ARTICLE VIII This contract 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE IX Proof of insurance coverages shall be provided by CONTRACTOR as follows: Insurance Coverage Requirements Comprehensive General Liability Comprehensive Automobile Liability Workers Compensation Limit Minimum Requirements $ 1,000,000 $ 1,000,000 $ 1,000,000 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in Page 2 of 3 triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 CONTRACTOR: (Title) AGENCY: City Manager of the of the City of Rolling Hills Date ATTESTED: City Clerk of the City of Rolling Hills Date Page 3 of 3 ACORDM CERTIFICATE OF LIABILITY INSURANCE 11/19//20o PRODUCER (714) 569-2700 FAX (714) 569-3099 Pridemark-Everest Insurance Services, Inc. A Leavitt Group Co #0F13098 1820 E. First Street, Ste 500 Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Sanders Hydroseeding Inc. 9960 Indiana #11 Riverside, CA 92503 INSURER A: Oak River Insurance Co. 34630 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRQ TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATEIMMIDDIYY1 POLICY EXPIRATION DATFIMMIDDIYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (Fa era -imam -a) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIESPER: —I PRODUCTS - COMP/OP AGG $ POLICY ] 78, n LOC AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ RETENTION $ $ $ ___IDEDUCTIBLE $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 2210018596071 02/01/2007 02/01/2008 X TWC STATU- ORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER carrier.+ A Q CITY V ' 71 NOV 2 6 2007 OF ROLLING HILLS DESCRIPTION OF OPERATIONS / LOCATI NS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS overing: Operations of the named insured as on file with the insurance X10 days may be given if cancelled for nonpayment of premium. CERTIFICATE HOLDER CA IY City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gary Wells/RAGRIS j ACORD 25 (2001/08) LP ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Marilyn Kern Mon, Nov 26, 2007 11:51 AM Subject: Re: Hydroseeding - City of Rolling Hills.pdf Date: Monday, November 19, 2007 10:10 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Ewa Nikodem <enikodem@cityofrh.net> Cc: Marilyn Kern <mkern@cityofrh.net> Conversation: Hydroseeding - City of Rolling Hills.pdf Thanks. When we get it, let me know. We'll send both to Mike to see if he has any concerns with them. Thx, Tony On 11/19/07 9:39 AM, "Ewa Nikodem_City of Rolling Hills" <enikodem@cityofrh.net> wrote: FYI - Forwarded Message From: Scott Johannes <scott@sandershydroseeding.com> Date: Mon, 19 Nov 2007 09:37:52 -0800 To: Ewa Nikodem_City of Rolling Hills <enikodem@cityofrh.net> Conversation: Hydroseeding - City of Rolling Hills.pdf Subject: RE: Hydroseeding - City of Rolling Hills.pdf We have 2 separate brokers for W/C and G/L & Auto. I forwarded the information to our G/L & Auto broker also, they should get info to you today. If not please let me know. Forwarded Message From: Lori Paul <lori-paul@leavitt.com> Date: Mon, 19 Nov 2007 09:47:52 -0700 To: <enikodem@cityofrh.net> Cc: Scott Johannes <scott@sandershydroseeding.com> Conversation: City of Rolling Hills.pdf Subject: City of Rolling Hills.pdf Ewa, Please see attached certificate for WC coverage. I will mail the hard copy to you. Thank you, Lori Paul - Page 1 of 2 Certificate Department Manager Pride -Mark Everest Insurance Services, Inc. License #0F13098 714-569-2707 Direct Phone 714-917-3199 Direct Fax lori-paul@leavitt.com <mailto:lori-paul@leavitt.com> <mailto:lori-paul@1> End of Forwarded Message End of Forwarded Message Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 ACORL- CERTIFICATE OF LIABILITY INSURANCE OP ID EW SANDE-7 DATE (MMIDD/YYYY) 11/19/07 PRODUCER Powers and Company Insurance Agents and Brokers P. O. Box 619043 Lic #0B02564 Roseville CA 95661-9043 Phone:916-630-8643 Fax:800-783-0083 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Sanders Hydroseeding Inc. 9960 Indiana Ave Sure 11 Riverside CA 92503-5457 INSURER A: Financial Pacific INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 175184A 04/28/07 04/28/08 EACH OCCURRENCE $1,000,000 X PREMISES (Ea occuence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $2,000,000 GENT. AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS-COMP/OPAGG $2,000,000 POLICY X 70,-.n LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 175184A 04/28/07 04/28/08 COMBINED. SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO Nov 2 ( (� 7 200 ( AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 8y Cry( OF ROLLINGROLLING AGGREGATE HILLS �- -_• �- EACH OCCURRENCE $ OCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below U - ORY I M I LIMITS OTH- ER ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day NOC applies for nonpayment. Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION CITYOFR City of Rolling Hills Attn: Ewa Nikodem Fax: 310-377-7288 2 Portuguese Bend Road Rolling Hills CA 90274 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT AT , ACORD 25 (2001/08) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) SANDERS HYDROSEEDING, INC. 1708 SOUTH SANTA FE SANTA ANA, CA 92705 (714)973-8873 FAX (714)973-9120 QUOTATION SHEET CITY OF ROLLING HILS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 ATTN: ANTON DAHLERBRUCH JOB: HYDROSEED QUOTE, ROLLING HILLS 303.304.305: 6.750 Sq Ft - 1 Move 2000.00 #/A Wood cellulose fiber 300.00 #/A 6-20-20xb commercial fertilizer 200.00 #/A 38-0-0 nitroform 150.00 10.00 8.00 4.00 3.00 2.00 #/A #/A #/A #/A #/A #/A Stabilizing binder Vulpia microstachys Bromus carinatus Melica californica Eschscholzia californica Lasthenia califomica @US $0.1349 Per Sq.Ft. US $910.57 DATE: 11/07/07 CUST #: S-03395 BID # : 07-00885 ADD AREA 306: 9.000 Sq Ft - 1 Move 2000.00 300.00 200.00 150.00 10.00 8.00 4.00 3.00 2.00 #/A #/A #/A #/A #/A #/A #/A #/A #/A Wood cellulose fiber 6-20-20xb commercial fertilizer 38-0-0 nitroform Stabilizing binder Vulpia microstachys Bromus carinatus Melica californica Eschscholzia californica Lasthenia californica @US $0.1084 Per Sq.Ft. US $975.60 STANDARD WAGE RATE QUOTE VALID FOR 6 MONTHS TERMS AND CONDITIONS OF SALE: Buyer shall verify the amount of material delivered equals the amount ordered and inspect the sprayed area after applicaion of the material. Buyer's , or Buyer's representative's signature on the Delivery Receipt shall indicate Buyer's acceptance of the application in accordance with theplans and/or specifications. Buyer's failure to inspect the sprayed area during and after application shall be deemed Buyer's acceptance that the materials have been applied in accordance with the plans and/or specifications. Buyer acknowledgesthat Seller is not responsible for the growth of the seeded product. Growth depends upon circumstances which Seller has no control of, such as irrigation, maintenance, soil and weather conditions. No agent, employee, or representative of Seller has any authority to bind Seller to any affmmation, representation, or warranty concerning the goods sold under this Agreement, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written Agreement, it shall no be enforceable by Buyer. SELLER WARRANTS that all seed supplied meets or exceeds state and federal seed law requirements, including restrictions on minimum weed seed. SELLER FURTHER WARRANTS that the seed supplied does not contain any noxious wills. Buyer accepts all responsibility for weeds occurring on the project. SF! .I.FR WARRANTS that all materials will be supplied in accordance with the plans and specifications. This agreement and all rights and obligations of the parties hereto, shall be governed by the Uniform Commercial Code as enacted and in force in the state of California on the delivery date. If any party to this agreement resorts to a legal action or arbitration to enforceany provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which said party shall be entitled. This provision applies to the entire Agreement. Payments not received within 30 days of invoice date shall accrue a finance charge of 1.5% per month on the unpaid balance. TERMS: Net 30 TITLE DATE X TITLE DATE Cust. Phone: (310)377-1521 Customer Signature Cust. FAX: Customer P.O. # .4 d Anton Dahlerbruch Wed, Nov 7, 2007 2:53 PM Subject: Re: Quote for hydro -seeding in Rolling Hills Date: Wednesday, November 7, 2007 2:52 PM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Scott Johannes <scott@sandershydroseeding.com> Cc: Anton Dahlerbruch <adahlerbruch@cityofrh.net> Conversation: Quote for hydro -seeding in Rolling Hills Thank you. We'll get back to you. Tony On 11/7/07 2:44 PM, "Scott Johannes" <scott@sandershydroseeding.com> wrote: Both areas combined total is $975.60 if the total area is 9,000 sq.ft. Water is required to germinate any seed. The area will need to be kept moist WITHOUT drying out for a minimum of 3-4 weeks. That's why I figured good seasonal rainfall will be the only thing that will get you some decent germination. Don't expect good germination. From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] Sent: Wednesday, November 07, 2007 2:36 PM To: Scott Johannes Subject: Re: Quote for hydro -seeding in Rolling Hills Scott, thank you. The pictures were taken last week (I took them). If the date says 2005, we just haven't set the camera. Sorry for that confusion. Also, thanks for the qualification regarding the jute. We'II take that into account. Would you think that we'd need to water the seeds to start them growing? Also, just to confirm, the attachment to your email quotes a total of $1,886.17 for both areas combined, right? Page 1 of 4 Thank you. Tony On 11/7/07 2:27 PM, "Scott Johannes" <scott@sandershydroseeding.com> wrote: Were these pictures taken in 2005? Does the area look the same? We only do Hydroseeding, so I can't quote removing the jute. The seed will have a better chance of germinating without the jute netting on the slopes. I will quote the Hydroseeding to you, but we do NOT guarantee germination or growth of the seed! By the looks of the pictures I doubt very much if you will get much growth unless we have a season of normal or greater than normal rainfall. Scott Johannes Vice President Tel: 714 973-8873 x711 Fax: 714 973-9120 From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] <mailto:adahlerbruch@cityofrh.net%5d> Sent: Wednesday, November 07, 2007 11:21 AM To: Scott Johannes Cc: Ewa Nikodem Subject: FW: Quote for hydro -seeding in Rolling Hills To: Scott We are interested in receiving a quote for hydro -seeding. Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd Page 2 of 4 like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area in 306 is 1/3 that amount. We'd be interested in native plants/grasses. This is solely for erosion control. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we don't need to continually re -seed. The large area can be irrigated for germinating the seeds if needed however there is no water to the site now. Thereafter, we'd rely on rain water. To save on cost and because this is just for erosion control, our plan is to leave the jute on the slope. If this causes a problem, the quote should include the cost of removing it. In the quote, please also let us know how soon you could begin the work. If you need anything else to provide a quote, please let us know. I can be reached by email at adahlerbruch@cityofrh.net or 310.377.1521 Thank you. Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 3 of 4 s walla- 10 CONTRACT AGREEMENT FOR CITY OF ROLLING HILLS HYDROSEEDING OF AREA BELOW POPPY TRAIL ROAD THIS CONTRACT AGREEMENT ("Agreement") is made and entered into for the above stated project this day of , 20 , between the City of Rolling Hills. as AGENCY, and Sanders Hydroseeding, Inc. as CONTRACTOR. AGENCY and CONTRACTOR agree as follows: ARTICLE I For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project under the supervision of AGENCY'S contract engineer, Ross Bolton. ARTICLE II AGENCY desires hydroseeding in 6,750 area designated in Exhibit 1 (Photos 303, 304 and 305). CONTRACTOR agrees to receive and accept the prices set forth in Exhibit 2 (Quote for Poppy Trail Road Hydroseeding) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. AGENCY will pay the CONTRACTOR in a lump sum within 30 days of completion of the work. CONTRACTOR will perform the specified work within 30 days of execution of the agreement at a date and time mutually agreed upon by AGENCY and CONTRACTOR. ARTICLE III CONTRACTOR acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing the Section 1720) of the California Labor Code relating to public works and public agencies and agrees to be bound by all the provisions thereof as though set forth in full herein. 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." ARTICLE IV 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 not force and effect. Page 1 of 3 ARTICLE V CONTRACT agrees to indemnify and hold harmless CITY and all of its officers, employees and agents from any claims, demands, or causes or action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder as set forth in the Scope of Work. ARTICLE VI CONTRACTOR is and shall at all times remain as to the AGENCY, a wholly independent CONTRACTOR. Neither the AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of the CONTRACTOR's employees, except as herein set forth, namely supervision of Ross Bolton. 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 AGENCY. ARTICLE VII The 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 in this contract. ARTICLE VIII This contract 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE IX Proof of insurance coverages shall be provided by CONTRACTOR as follows: Insurance Coverage Requirements Comprehensive General Liability Comprehensive Automobile Liability Workers Compensation Limit Minimum Requirements $ 1,000,000 $ 1,000,000 $ 1,000,000 Page 2 of 3 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of• .. .• .. • , 20 CONTRACTOR: (Title) AGENCY: Anton Dahlerbruch Date City Manager of the of the City of Rolling Hills ATTESTED: Marilyn Kern Date Deputy City Clerk of the City of Rolling Hills Page 3 of 3 T SANDERS HYDROSEEDING, INC. Exhibit 2 1708 SOUTH SANTA FE SANTA ANA, CA 92705 (714)973-8873 FAX (714)973-9120 QUOTATION SHEET CITY OF ROLLING H1LS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 ATTN: ANTON DAHLERBRUCH JOB: HYDROSEED QUOTE, ROLLING HILLS 301304.305: 6.750 Sy Ft - 1 Move 2000.00 #/A Wood cellulose fiber 300.00 #/A 6-20-20xb commercial fertilizer 200.00 #/A 38-0-0 nitroform 150.00 10.00 8.00 4.00 3.00 2.00 #/A #/A #/A #/A #/A #/A Stabilizing binder Vulpia microstachys Bromus carinatus Melica californica Eschscholzia californica Lasthenia californica @US $0.1349 PerSy.Ft. US $910.57 DATE: 11/07/07 CUST #: S-03395 BID # : 07-00885 ADD AREA 306: 9.000 Sy Ft - 1 Move 2000.00 300.00 200.00 150.00 10.00 8.00 4.00 3.00 2.00 #/A Wood cellulose fiber #/A 6-20-20xb commercial fertilizer #/A 38-0-0 nitroform #/A Stabilizing binder #/A Vulpia microstachys #/A Bromus carinatus #/A Melica californica #/A Eschscholzia californica #/A Lasthenia califomica @US $0.1084 Per Sq.Ft. US $975.60 STANDARD WAGE RATE QUOTE VALID FOR 6MONTHS TERMS AND CONDITIONS OF SALE: Buyer shall verify the amount of material delivered cquals the amount ordcrcd and inspect the sprayed arca after applicaion of the material. Buyer's , or Buycr's representative's signature on the Delivery Rcccipt shall indicate Buyer's acceptance of the application in accordance with the plans and/or specifications. Buycr's failure to inspect the sprayed area during and after application shall be dccmcd Buyer's acceptance that the materials have bcen applied in accordance with the plans and/or spccificauons. Buycr acknowledges that Scllcr is not responsible for the growth of the seeded produce. Growth depends upon circumstances which Scllcr has no control of, such as irrigation, maintenance. soil and weather conditions. No agent. employee, or representative of Seller has any authority to bind Scllcr to any affirmation, representation, or warranty concerning the goods sold under this A recmcm. and unless an affirmation, representation, or warranty madc by an agcnt, employee, or representative is specifically included within this wtiucn Agreement, it shall no be enforceable by Buyer. SELLER WARRANTS that all seed supplied meets or exceeds state and fcdcral seed law requircmcnts, including restrictions on minimum weed seed. SELLER FURTHER WARRANTS that the seed supplied docs not contain any noxious scents.Buycr accepts all responsibility for weeds occurring on the project. SELLER WARRANTS that all materials will be supplied in accordance with the plans and specifications. This agreement and all rights and obligations of the panics hereto. shall be governed by the Uniform Commcrcial Code as enacted and in forcc in the state of California on the delivery date. If any party to this agreement rcsons to a legal action or arbitration to enforce any provision of the Agreement, the prcvailing parry shall be entitled to recover reasonable auomcy's fccs in addition to any other rclicf to which said party shall be cnutled. This provision applies to the enure Agreement. Payments not received within 30 days of invoice datc shall accrue a finance charge of 1.5% per month on the unpaid balance. TERMS: Net 30 X TITLE DATE Ti fLE DATE Cust. Phone: (310)377-1521 Customer Signature Cust. FAX: Customer P.O. # 02 1P 50003828230 NOV 20 2007 MAILED FROM ZIP CODE 90274 X94 • S POSt • Vgier PITNEY BOWES 7 $ 001.31° Va-iIPL I L0� 01 11 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. Scott Johannes Sanders Hydroseeding, Inc. 1708 South Santa Fe Santa Ana, CA 92705 Anton Dahlerbruch Mon, Nov 19, 2007 1:38 PM Subject: RE: One other question Date: Thursday, November 8, 2007 2:49 PM From: Steven Kolthoff <stevek©groupdelta.com> To: 'Anton Dahlerbruch' <adahlerbruch©cityofrh.net> Conversation: One other question Looking back at the photo you sent, the area under the Jute is rock with some upper soil. Hydro seeding may be more cosmetic than a stability problem but rain would wash some soil and rock onto the road. The old poppy trail pavement above the temp road helps stability somewhat though there may some maintenance. I will leave that one up to you. SK From: Anton Dahlerbruch [mailto:adahlerbruch©cityofrh.net] Sent: Thursday, November 08, 2007 9:21 AM To: Steven Kolthoff Subject: Re: One other question Thanks. And should we be hydroseeding the area immediately adjacent to the roadway too - where the jute is, below the temporary road going over the slide? Thx On 11/8/07 8:05 AM, "Steven Kolthoff" <stevek©groupdelta.com> wrote: No problem if you keep the watering from infiltrating more than 12 -inches so water lightly. SK From: Anton Dahlerbruch [mailto:adahlerbruch©cityofrh.net] Sent: Wednesday, November 07, 2007 2:54 PM To: Steven Kolthoff Subject: One other question For one or both of the areas that we need to hydro -seed, do you have any concern about watering it for 3 to 4 weeks? One Page 1 of 2 contractor said the area will need to be kept moist. Please let me know. Thanks, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 Anton Dahlerbruch Mon, Nov 19, 2007 1:39 PM Subject: RE: One other question Date: Thursday, November 8, 2007 9:38 AM From: Steven Kolthoff <stevek@groupdelta.com> To: 'Anton Dahlerbruch' <adahlerbruch@cityofrh.net> Conversation: One other question Yes, that will be fine. Again, you can water it but make it light. Art watered that area to make some lawn grass grow. He watered it heavily and the slope did fine but a light watering is much better for stability. SK From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] Sent: Thursday, November 08, 2007 9:21 AM To: Steven Kolthoff Subject: Re: One other question Thanks. And should we be hydroseeding the area immediately adjacent to the roadway too - where the jute is, below the temporary road going over the slide? Thx On 11/8/07 8:05 AM, "Steven Kolthoff" <stevek@groupdelta.com> wrote: No problem if you keep the watering from infiltrating more than 12 -inches so water lightly. SK From: Anton Dahlerbruch [mailto:adahlerbruch@cityofrh.net] Sent: Wednesday, November 07, 2007 2:54 PM To: Steven Kolthoff Subject: One other question For one or both of the areas that we need to hydro -seed, do you have any concern about watering it for 3 to 4 weeks? One contractor said the area will need to be kept moist. Please let me know. Page 1 of 2 Thanks, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 31 0.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 Wed, May 23, 2007 3:47 PM Subject: RE: Native plant garden Date: Tuesday, May 22, 2007 10:28 AM From: Steven Kolthoff <stevek@groupdelta.com> To: Anton Dahlerbruch adahlerbruch@cityofrh.net A few typos got away from me. I can do this as a memo if needed. SK s we,- /ted 4 ry uhu c{ — a dc1 sKKI%-, u leet From: Steven Kolthoff [mailto:stevek@groupdelta.com] Sent: Tuesday, May 22, 2007 9:32 AM To: 'Anton Dahlerbruch_City of Rolling Hills'; 'Michael Jenkins' Cc: 'Michael Reader' Subject: RE: Native plant garden Tony, The slope has an erosion problem, not a landslide and since and since the soil was placed as a road fill, the stability has improved. Though The temporary road slope at the left in photo #57 and the right along the toe of the slope in photos #59 and 60, have piles of gravel and soil. The gravel and soil is the result of erosion which water washed down the slope face forming the rills. With time and future rain storms, the rills can widen and deepen eventually making the road unstable. The main concern with the slope is without a good plant cover it can continue to erode during moderate to major rain storms forming new talus piles along the toe and could wash out over the pad covering any plant life or hose connections placed on the pad. Before repair, the talus along the toe of the slope could be spread out over the pad as a fill to plant in but there may be too much gravel. To plant the slope, you will need a geosynthetic cover such as what was placed on the landslide scarp above but you do not need to be as elaborate if possible. Jut will last about 6 months while a synthetic could last up to 20 years. A synthetic could help the plants establish a root system and hold them in place solving erosion problems. To plant the slope, you should use a deep rooted and drought resistant native California plant mix and maybe a few deep rooted trees on the pad and slope. The Palos Verdes Conservancy suggested to me a while back to contact S&S Nursery in Oxnard which the Rolling Hills Association planted the southern slope above the temporary road wall with. You are going to need some water on the slope and pad at first then very little to none after the plants sprout and start growing. The least amount of water for the least amount of time is best. Picnic table would be fine but may need some trees for shade. SK From: Anton Dahlerbruch_City of Rolling Hills [mailto:adahlerbruch@cityofrh.net] Sent: Tuesday, May 22, 2007 8:10 AM To: Steven Kolthoff; Michael Jenkins Cc: Michael Reader Page 1 of 3 Subject: Native plant garden Hi Steven. I hope all is well. On July 21 2006, you send the City (Craig) an email entitled "Poppy Trail park" that appears to respond to a question about recreating the native plant garden that was covered by the landslide. In the email, if you don't still have it, you state the following: "...the picnic area is feasible to reconstruct with a few precautions: 1) There is a lot of rills eroding soil down the fill slope and talus is abundant along the toe of the slope. The talus along the toe of the slope should be cleaned up and hauled off -site or placed as a compacted fill on the horizontal area where what is left to the picnic area. A debris catchment fence should be constructed along the toe of the slope to catch Talus. 2) The present Jut netting is rotting and should not be able to stop erosion to the slope soon, though it has has since it was installed. The Jut covering the slope above the picnic area does not hold soil in -place and needs to be covered with a synthetic geogrid designed for soil slope erosion to protect the slope from erosion." I'm obviously not an expert in landslides, slopes or erosion. This message, in turn, raises several questions. This came up in a Wildlife Preservation Committee mtg last night when they were discussing potential future locations for the replacement Native Plant Garden. Attached are a couple of pictures I'll refer to. Picture #60 and #59 show the landslide to the right (up the hill). On top of the hill is the new Poppy Trail Road. I get frm the above text that nothing should be planted on this slope. • Can a native plant garden be planted on the slope below the road (on the right side of the photo)? • Can a native plant garden be planted below the flat area (on the left of the photos) going down the hill? • What's your opinion in regard to placing a picnic table on the flat space (middle of photo) at the toe of the slope? • Do we need to do something to the slope below the road regard to erosion similar to the material we installed above the road? The native plant garden would need water initially for the plants to get rooted. Once in place, no add'I water would be needed. Mike, from a legal perspective, given the existing lawsuits, is considering this location a non- starter? Page 2 of 3 Q1.. LAM 1 wito i G V1:' LIHDIL1 1 T IIVJUIUHIVL+C I 11/19/2007 PRODUCER (714) 569-2700 FAX (714) 569-3099 Pridemark-Everest Insurance Services, Inc. A Leavitt Group Co #0F13098 1820 E. First Street, Ste 500 Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Sanders Hydroseeding Inc. 9960 Indiana #11 Riverside, CA 92503 INSURER A: Oak River Insurance Co. 34630 INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSR❑ ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE /MM/DD/YYI POLICY EXPIRATION DATF IMM/DD/YY1 LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS (Fa orrnrenca) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n ECT F-1LOG PRODUCTS - COMP/OP AGG $ 7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under SPECIAL PROVISIONS below 2210018596071 02/01/2007 02/01/2008 X TORY L MITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Covering: Operations of the named insured as on file with the insurance carrier. *10 days may be given if cancelled for nonpayment of premium. CERTIFICATE HOLDER City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gary Wells/RAGRIS ©ACORD CORPORATION 1988 ACORD 25 (2001/08) LP IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) `)ico v CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM/DD/YYYY) SANDE-7 11/19/07 PRODUCER Powers and Company Insurance Agents and Brokers P. O. Box 619043 Lic #0B02564 Roseville CA 95661-9043 Phone:916-630-8643 Fax:800-783-0083 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Sanders Hydroseeding Inc. 960 Indiana Ave Sure 11 Riverside CA 92503-5457 INSURER A: Financial Pacific INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 175184A 04/28/07 04/28/08 EACH OCCURRENCE $1,000,000 X PREMSES(Eatoccurence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYIA PRO LOC JECT II PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 175184A 04/28/07 04/28/08 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Eyes, describe under SPECIAL PROVISIONS below W C STATU- OT -I - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 day NOC applies for nonpayment. Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION CITYOFR City of Rolling Hills Attn: Ewa Nikodem Fax: 310-377-7288 2 Portuguese Bend Road Rolling Hills CA 90274 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) © ACORD CORPORATION 1c IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Nov 13 07 06:50p p.1 D&V Hydroseeding, Inc. 7327 DeSoto Avenue Canoga Park, CA 91303 Phone 818-887-4251 Fax 818-887-4739 Bill To: Tony Fax: 310-377-7288 Tel: 310-377-1521 DESCRIPTION ESTIMATE: Quote 001 Ship to: (Job -site) City of Rolling Hills l4?.v� cc cmA F T c c. i 7 ?s(. = Q Rc in gn`ti v i4ti-‘ `Mid Flower Mix #9 Iiiiiii Kvdroseed 6 750 sq ft ONLY with Wild Flower Mix #2 Price is based on C.O.D. terms. Quote DATE: November 13, 2007 INVOICE # 865 P.O. # cilY OF ROLLIN IfLLS 6y —1�� 11/06/2007 13:44 818-3647337 DIETZ SYLMAR PAGE 01 (818)364-7333 FAX (818) 364-7337 DIETZ HYDROSEEDING CO. 15745 KADOTA STREET SYLMAR, CA 91342 FEDERAL TAX 1.D. NO. 95-3982102 STATE LICENSE NO. 493207 C27 DATE: November 6, 2007 TO: City of Rolling Hills ATTN: Anto^r Dahlerbruch JOB NAME: Rolling Hills Project (714) 532-6860 PAX (714) 279-9463 EAX QUOTATION FAX NUMBER: 310-377-7288 FROM: Gabriela PRICE: 6,750 sq.ft. $0.158 = $1,067.00 + $95.00 Additional Charge if we truck in water. Option to add additional area 2,500 sq.ft. $0.158 $395.00C1 lY OF ROLLING hNLLS NOTE: DECREASES IN AREA QUANTITIES WILL INCREASE UNIT PR E. NOTE: ALL SEED SUBJECT TO AVAILABILITY AND BRAND NAMES ARE BID "OR EQUAL." ;� PER FOLLOWING SPECIFICATIONS: (ALL LBS. PER ACRE OR KG. PER HECTARE UNLESS NOTED) Fiber mulch 1,500; Fertilizer 15-15-15 © 600; M -binder 80; Clarkia ela anslun uiculata Eschscholzia californ ica 2; Festuca Californica © 1.50; Festuca "Molate" g g eymus nu 3; 3; Leymus glaucus ob 8; Nassela lepida @a 4; Nessela pulchra @ 6; Sisyyrinchium Bellumut� 2; Vus 1pia microstachys © 6. August 15 through January 30 is Erosion Control season, please allow ample time for scheduling & ordering of materials. BASED UPON ONE MOBILIZATION(S). IF PROJECT REQUIRES ADDITIONAL MOBILIZATIONS, AN ADDITIONAL MOBILIZATION CHARGE OF $650.00 FOR EACH MOBILIZATION WILL APPLY. THIS JOB [ j DOES EX ] DOES NOT REQUIRE CERTIFIED PAYROLL. WATER: City of Rolling Hills SUPPLIES LEGAL ACCESS TO ON -SITE METERED FIRE HYDRANT, ARRIVAL ON SITE WITHOUT WATER SOURCE, OR IF ENTIRE PROJECT IS NOT READY FOR INSTALLATION, AN ADDITIONAL CHARGE OF $650.00 WILL BE INCURRED, OURTRUCK(S) WILL DE -MOBILIZE AND RE -SCHEDULING OF PROJECT WILL BE SUBJECT TO SCHEDULING AVAILABILITY. THIS QUOTE IS FOR IIYDROSEEDING ONLY UNLE=SS OTHERWISE NOTED, AND IS BASED UPON OUR HAVING ACCESS ON THE SITE WITH OUR TRUCKS AND EQUIPMENT, BEING ABLE TO REACH ALL AREAS WITH A MAXIMUM OF 150 FEET OF HOSE AND DOES NOT INCLUDE TRAFFIC CONTROL. COMMENTS: 1J� NOV 0 6 207 PRICE DOES NOT INCLUDE CLEANING OF MINIMAL OVERSPRAY FROM WALKS, WALLS, ETC. THIS QUOTE IS IRREVOCABLE FOR ,DNLY TEN (10) DAYS. ALL ORDERS ARE SUBJECT TO THE TERMS AND CONDITIONS OF OUR CREDIT AGREEMENT AND THE HYDROSEEDING TERMS AND CONDITIONS ATTACHED. C.C.D. PAYMENT REQUIRED UNLESS CREDIT ACCOUNT ESTABLISHED. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS, THANK YOUI 11/06/2007 13:44 818-3647337 DIETZ SYLMAR PAGE 02 FIYDROSEEDING TERMS AND CONDITIONS DIET? HYDROSEEDING CO. ("DH") is being contracted by Customer to deliver and apply the highest quality materials available according to the highest and best industry standards. DH makes no representation or warranty as to the suitability oi'any seed or other material applied to the job site for erosion control, germination, plant growth or any other purpose; DTI is not responsible for weed growth, rain or wind damage, damage due to pests, lack of germination or plant growth. The sole obligation of DH is to provide, mix and apply the materials specified to the job site and completion of application is completion of the work and satisfies the obligation of DH. DR RECOMMENDS THAT ALL JOB SITE PREPARATION AND POST -SEEDING MAINTENANCE BE PERFORMED BY A STATE LICENSED LANDSCAPE OR MAINTENANCE CONTRACTOR. All job site preparation must be completed prior to hydroseeding_ This includes, but is not limited to, all clearing and grading, weed eradication and control, soils analysis and amending, and irrigation installation. Customer is solely responsible for job si.:e preparation and post -seeding maintenance. Post -seeding maintenance includes, but is not limited to, required watering for germination and sustenance, pest control, and fertilization. Customer is responsible for supplying DH with an adequate water source for loading and mixing of materials and any other necessary we of DR to complete the application; to provide adequate access to all areas of the job site for the employees and equipment of DH; and to coordinate with any other trades on the job site, if necessary, to insure efficient and economical completion of the application by DH. PAYMENT IN FULL IS DUE IMMEDIATELY UPON ARRIVAL TO THE JOB SITE, PRIOR TO MIXING OF ANY MATERL4J LNLESS CUSTOMER HAS AN ESTABLISHED CREDIT ACCOUNT WITH DH_ Customer will pay a service charge of 1.5% per month on any unpaid balance due, including any additionally incurred charges. Customer agrees to pay to DII a $35.00 service charge for any instrument ofpayment refused by the bank. If a Stop Notice or Mechanic's :Lien is filed by DI -I for non-payment, Customer agrees to pay a $150.00 title search fee and a $35.00 filing fee for each notice or lien filed. In the event DH retains a collection agency or if legal action is instituted to collect any unpaid balance, Customer will pay to DII all collection costs, attorneys' fees and court costs incurred. (The foregoing charges shall be in addition to any other remedies or charges available to Di at law, or in equity.) IP', FOR ANY REASON, CUSTOMER REQUESTS ANY ADDITIONAL MATERIAL OR RE -SEEDING AFTER COMPLETION OF THE APPLICATION, CUSTOMER AGREES TO PAY REASONABLE COSTS. CONTRACTORS ARE REQUIRED BYLAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD, ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTOR'S STATE LICENSE BOARD, 9835 GOETHE ROAD, SACRAMENTO, CA 95827_ MAILING ADDRESS: POST OFFICE BOX 26000, SACRAMENTO, CA 95826 Hydroseeding and Erosion Control Contractor in California - Acacia Erosion Control 11/07/2007 08:52 AM ACACL4 Erosion Contt Inc 5ervutg Caiifolr7ia an1d the Western (Jetred States 800-300-0992 805-964-2585 CLASS A CONTRACTOR'S LICENSE 0813' 34,' CPES(_ e2•t26 Your California Hydroseeding and Erosion Control Contractor\ (00,-- , Acacia Erosion Control, Inc., serving the construction industry statewide, is pleased to offer comprehensive Storm Water Pollution Prevention consulting, design, installation and maintenance of Best Management Practices: / Hydro -seeding ✓ Hydro -mulching ✓ Drill -seeding ✓ Straw Blowing ✓ Polymer Dust Control ✓ Bonded Fiber Matrix ✓ Stabilized Fiber Matrix ✓ Earthguard Fiber Matrix ✓ Blanketing & Fiber Rolls Sand Bagging Silt Fencing Sediment Basins Concrete Wash -out Basins Revegetation / Slope Repair & Grading 1 Drainage Retaining Walls Gabions http://www.acaciaerosioncontrol.com/ Page 1 of 2 hydroseeding, loc: Palos Verdes Peninsula, CA 90274 - Google Maps 11/07/2007 08:52 AM Maps $ Print ® Email 040 Link to this nage Sanders Hydroseed 1708 S Santa Fe St Santa Ana, CA 92705 (714) 973-9120 Get Directions: To here - From here Add or edit your business 7/'1-973-8813 P „ E Edinger ogle -Map data ©2007 NAVTEQTM - View Larger Map ©2007 Google http://maps.google.com/maps?client=safari&ie=UTFB&oe=UTF-8&g=h...4794,-117853369,16327544251079508999&ei=1-OxR9SxFKHuiwPEzuSZDQ Page 1 of 1 hydroseeding, loc: Palos Verdes Peninsula, CA 90274 - Google Maps 11/07/2007 08:55 AM Maps $ Errol ® Email ego Link to this page D & V Hydroseeding Inc 7327 De Soto Ave Canoga Park, CA 91303 (818) 887-4251 Get Directions: To here - From here Add or edit your business She+man Wav farm) St ogle -Map data ©2007 NAVTEQTM -- View Larger Map Specialties: Residential,Commercial,Hillsides,Wildflowers,Lawns More from SuperPages.com » ©2007 Google http://maps.google.com/maps?client=safari&ie-UTF8&oe=UTF-880q=h...03341,-118588467,37183494859870508198,ei=1-0xR9SxFKHuiwPEzuSZDQ Page 1 of 1 ccosfkL- 3 9 M 3 4 J `Ewa'iNikodem Wed, Nov 7, 2007 11:30 AM Subject: FW: Quote for hydro -seeding in Rolling Hills Date: Wednesday, November 7, 2007 11:21 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: <scott@sandershydroseeding.com> Cc: Ewa Nikodem <enikodem@cityofrh.net> Conversation: Quote for hydro -seeding in Rolling Hills To: Scott we are interested in receiving a quote for hydro -seeding. Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area in 306 is 1/3 that amount. We'd be interested in native plants/grasses. This is solely for erosion control. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we don't need to continually re -seed. The large area can be irrigated for germinating the seeds if needed however there is no water to the site now. Thereafter, we'd rely on rain water. To save on cost and because this is just for erosion control, our plan is to leave the jute on the slope. If this causes a problem, the quote should include the cost of removing it. In the quote, please also let us know how soon you could begin the work. If you need anything else to provide a quote, please let us know. I can be reached by email at adahlerbruch@cityofrh.net Page 1 of 2 or 310.377.1521 Thank you. Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 fwa Nikodem Wed, Nov 7, 2007 11:51 AM Subject: FW: Quote for hydro -seeding in Rolling Hills Date: Wednesday, November 7, 2007 11:28 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: <Jonc2006@hotmail.com> Cc: Ewa Nikodem <enikodem@cityofrh.net> Conversation: Quote for hydro -seeding in Rolling Hills To: Jonathan we are interested in receiving a quote for hydro -seeding. Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area in 306 is 1/3 that amount. We'd be interested in native plants/grasses. This is solely for erosion control. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we don't need to continually re -seed. The large area can be irrigated for germinating the seeds if needed however there is no water to the site now. Thereafter, we'd rely on rain water. To save on cost and because this is just for erosion control, our plan is to leave the jute on the slope. If this causes a problem, the quote should include the cost of removing it. In the quote, please also let us know how soon you could begin the work. Page 1 of 2 If you need anything else to provide a quote, please let us know. I can be reached by email at adahlerbruch@cityofrh.net or 310.377.1521 Thank you. Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. End of Forwarded Message Page 2 of 2 } TRANSMISSION VERIFICATION REPORT (sa) tt,Z.S TIME : 11/13/2007 12:52 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J363281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 11/13 12:49 18188874739 00:03:38 05 OK STANDARD ECM DATE: TO: CC: FAX: (818) 887-4739 OPERATOR: .1451A Ace Cityof Rolling Hills INCORPORATED JANUARY 24,1957 NO.2 .PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail. dahlerbruch@cityofrh.net FAX COVER SHEET 11/7/2007 TIME SENT: 11:55 am David D & V Hydroseeding Inc. FROM: Anton Dahierbrttch City Manager SUBJECT: REMARKS: Quote for hydro -seeding in Rolling Hills We are interested in receiving a quote for hydro -seeding, Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area. in. 306 is 113 that amount. We'd be interested in native plants/grasses. This is solely for erosion control,. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we d.on't'need to continually re -seed. City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail adahlerbruch@dtyofrh.net FAX COVER SHEET DATE: 11/ 7/2007 TIME SENT: 11:55 am TO: CC: David FROM: D & V Hydroseeding Inc. City Manager Anton Dahlerbruch FAX: (818) 887-4739 OPERATOR: z__ SUBJECT: Quote for hydro -seeding in Rolling Hills REMARKS: We are interested in receiving a quote for hydro -seeding. Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area in 306 is 1/3 that amount. We'd be interested in native plants/grasses. This is solely for erosion control. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we don't need to continually re -seed. The large area can be irrigated for germinating the seeds if needed however there is no water to the site now. Thereafter, we'd rely on rain water. To save on cost and because this is just for erosion control, our plan is to leave the jute on the slope. If this causes a problem, the quote should include the cost of removing it. In the quote, please also let us know how soon you could begin the work. If you need anything else to provide a quote, please let us know. I can be reached by email at adahlerbruch@cityofrh.net or 310.377.1521 Thank you. TOTAL PAGES (including cover sheet): 5 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 CO CR V 1 1 0 co 4 5 1 s_ Q co 14 w TRANSMISSION VERIFICATION REPORT TIME : 11/07/2007 11:50 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SERA : BRDG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 11/07 11:46 18188874739 00:03:41 05 OK STANDARD ECM City of Rolling ills DATE: 11/ 7/2007 TO: INCORPORATED yANUARY 24,1957 FAX COVER SHEET David NO.2 .PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (37.0) 377-1521 FAX (310) 377-7288 E-mail adapt rbruch@cityo.&rh.net Anton iDifferbruch D & V I-Iydroseeding Inc. City Manager TIME SENT: 1.x:55 am FROM: CC: FAX: (818) 887-4739 OPERATOR; SUBJECT: REMARTCS: Quote for hydra -seeding in Rolling Hills We are interested in receiving a quote for hydro -seeding. Attached are 3 pictures of one area that we are primarily interested in (pictures 303, 304, and 305). Additionally, we are interested in the area shown in picture 306. We'd like a separate quote for each of the two areas. The large area depicted in 303, 304 and 305 is 6,750 sq feet. I'd estimate that the area in 306 is 1/3 that amount, We'd be interested in native plants/grasses. This is solely for erosion control. Flowers aren't necessary but if there is a mix that includes them, that's fine. Cost is an important factor so we are interested in a low cost with or without flowers. If flowers are included, we'd want them to be of the re -flowering variety so we don't need to continually re -seed. Ewa Nikodem Mon, Nov 19, 2007 10:59 AM Subject: Hydroseeding contract Date: Monday, November 19, 2007 10:53 AM From: Anton Dahlerbruch <adahlerbruch@cityofrh.net> To: Michael Jenkins <mjenkins@localgovlaw.com> Cc: Ewa Nikodem <enikodem@cityofrh.net>, Marilyn Kern <mkern@cityofrh.net> Conversation: Hydroseeding contract Mike, attached is an agreement for you to review. For it, I've attached several items for your reference - insurance forms, photos and quote from the vendor. FYI, we obtained quotes from 3 vendors. This was the lowest quote. Thx, Tony Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1 521 www.palosverdes.com/rh This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 1 of 7 CONTRACT AGREEMENT FOR CITY OF ROLLING HILLS HYDROSEEDING OF AREA BELOW POPPY TRAIL ROAD THIS CONTRACT AGREEMENT ("Agreement") is made and entered into for the above stated project this day of , 20 , between the City of Rolling Hills. as AGENCY, and Sanders Hydroseeding, Inc. as CONTRACTOR. AGENCY and CONTRACTOR agree as follows: ARTICLE I For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project under the supervision of AGENCY'S contract engineer, Ross Bolton. ARTICLE II AGENCY desires hydroseeding in 6,750 area designated in Exhibit 1 (Photos 303, 304 and 305). CONTRACTOR agrees to receive and accept the prices set forth in Exhibit 2 (Quote for Poppy Trail Road Hydroseeding) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. ARTICLE III CONTRACTOR acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing the Section 1720) of the California Labor Code relating to public works and public agencies and agrees to be bound by all the provisions thereof as though set forth in full herein. 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." ARTICLE IV 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 not force and effect. ARTICLE V Page 1 of 3 CONTRACTOR is and shall at all times remain as to the AGENCY, a wholly independent CONTRACTOR. Neither the AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of the CONTRACTOR's employees, except as herein set forth, namely supervision of Ross Bolton. 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 AGENCY. ARTICLE VI The 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 in this contract. ARTICLE VII This contract 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 modification of this contract will be effective only if signed by the party to be charged. ARTICLE VIII Proof of insurance coverages shall be provided by CONTRACTOR as follows: Insurance Coverage Requirements Comprehensive General Liability Comprehensive Automobile Liability Workers Compensation Limit Minimum Requirements $ 1,000,000 $ 1,000,000 $ 1,000,000 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 CONTRACTOR: (Title) Page 2 of 3 AGENCY: City Manager of the of the City of Rolling Hills Date ATTESTED: City Clerk of the City of Rolling Hills Date Page 3 of 3 .1111.1"