Agenda 06/16/2001 RPV, City, Council, Meeting, 2001, Agenda RPV City Council Meeting Agenda for 06/16/2001 RANCHO PALOS VERDES CITY COUNCIL
JUNE 16, 2001

DISCLAIMER

The following City Council agenda includes text only version of the staff reports associated with the business matters to be brought before for the City Council at its Regular Meeting of this date. Changes to the staff reports may be necessary prior to the actual City Council meeting. The City Council may elect to delete or continue business matters at the beginning of the City Council Meeting. Additionally, staff reports attachments, including but not limited to, pictures, plans, drawings, spreadsheet presentations, financial statements and correspondences are not included. The attachments are available for review with the official agenda package at the Reception area at City Hall.

...end of disclaimer...

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BEGINNING OF CITY COUNCIL AGENDA

This agenda has been prepared to provide for the orderly progression of City business. Detailed staff reports on specific items are posted in the hallway for public viewing. The City Council wants to hear your comments, however, to run the meeting efficiently, please observe the following rules when you participate in the meeting.

Please try to submit your REQUEST TO ADDRESS THE CITY COUNCIL form to the City Clerk prior to the start of the meeting. You will be called at the appropriate time to make your remarks.

For the sake of efficiency, the City Council agenda is divided into several sections:

Consent Calendar: This section consists of routine items which, unless a request has been received from the public, council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. If you wish to speak to any Consent Calendar item(s) you will be limited to three minutes.

Public Hearings: This section is devoted to noticed hearings. Although the normal time limit is three minutes for each speaker, the Mayor may grant additional time to a representative speaking for an entire group; however, this should not discourage anyone from addressing the City Council individually.

Regular Business: This section contains items of general business and you will be allowed three minutes to speak on any item.

Public Comments: This part of the agenda is reserved for making comments on matters which are NOT on the agenda. If you have submitted a request to speak, you will be called by the City Clerk at the appropriate time and you may speak for up to three minutes. Please limit your comments to matters within the jurisdiction of the City Council. Due to State law, no action can be taken on matters brought up under Public Comments. If action by the City Council is necessary, the matter may be placed on a future agenda or referred to staff, as determined by Council.

Please make your remarks at the lectern microphone and direct your comments to the City Council and not to the staff or the public.

Conduct at the Council Meeting: The City Council has adopted a set of rules for conduct during City Council meetings. The following is an excerpt from those adopted Rules of Procedure:

Section 6.3 The Mayor shall order removed from the Council Chambers any person(s) who commits the following acts at a regular or special meeting of the City Council:

1.Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting.

2.A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting.

3.Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from addressing the Council.

4.Any other unlawful interference with the due and orderly course of the meeting.

PLEASE NOTE DIFFERENT DAY, LOCATION, AND TIME

RANCHO PALOS VERDES CITY COUNCIL

AGENDA

SPECIAL MEETING

SATURDAY, JUNE 16, 2001

LADERA LINDA COMMUNITY CENTER

32201 FORRESTAL DRIVE, RANCHO PALOS VERDES

_____________________________________________________________________

9:00 A.M. REGULAR SESSION

CALL TO ORDER:

ROLL CALL:

FLAG SALUTE:

NEXT RESOL. NO. 2001-46

NEXT ORD. NO. 363

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:


1. Palos Verdes Drive South Roadway and Drainage Construction Notice of Completion. (Allison)

Recommendation: (1) Accept the work as complete. (2) Authorize the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the Surety Company of to exonerate the Payment and Performance bonds. (3) Authorize the Director of Public Works to release the 10% retention payment to Palp, Inc. DBA Excel Paving Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.


2. Award Professional Services Agreements for Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation, and support services for Fiscal Year 2001-2002 and Fiscal Year 2002-2003. (Ramezani)

Recommendation: (1) Award a professional services agreement to SCS Engineers to provide support services for the City’s implementation of the Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003 in amounts not to exceed $17,500 and $24,780, respectively. (2) Award a professional services agreement to E. Tseng and Associates to provide support services for the preparation of the City’s Year 2000 annual report, possible SB 1066 Time Extension Request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002 in amounts not to exceed $2,200 and $7,500, respectively. (3) Authorize the Mayor and the City Clerk to execute an agreement with SCS Engineers for implementation of the SRRE and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003, with an option to extend the agreement for an additional year (Fiscal Year 2003-2004) at the City's sole discretion. (4) Authorize the Mayor and the City Clerk to execute an agreement with E. Tseng and Associates for the preparation of the City’s year 2000 annual report, possible SB 1066 Time Extension request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002.


3. Professional Services Agreement – Home Improvement Program. (Huey)

Recommendation: (1) Approve a professional services agreement with MDG Associates to administer the Home Improvement Program for a not-to-exceed amount of $35,000 for Fiscal Year 2001-2002 and a not-to-exceed amount of $35,000 for Fiscal Year 2002-2003. (2) Authorize the Mayor and the City Clerk to execute the proposed Agreement with MDG Associates.


4. Purchase of Tax-Defaulted Property. (Petru)

Recommendation: Authorize the Mayor and the City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a 17.44-acre vacant parcel located adjacent to Del Cerro Park.


5. Register of Demands. (McLean.)

Recommendation: ADOPT RESOLUTION NO. 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.


# # # # # # # # # # # #

REGULAR BUSINESS:


6. Garden Village Shopping Center Geologic Study. (Evans)

Recommendation: Authorize a study of geologic and soil conditions adjacent to the Garden Village Shopping Center on Western Avenue.


PUBLIC COMMENTS:

(This section of the agenda is for audience comments on items NOT on the agenda. Speakers are limited to three minutes.)

ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.)

ADJOURNMENT: Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting.


1. Palos Verdes Drive South Roadway and Drainage Construction Notice of Completion. (Allison)

Recommendation: (1) Accept the work as complete. (2) Authorize the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the Surety Company of to exonerate the Payment and Performance bonds. (3) Authorize the Director of Public Works to release the 10% retention payment to Palp, Inc. DBA Excel Paving Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JUNE 16, 2001

SUBJECT: PALOS VERDES DRIVE SOUTH ROADWAY AND DRAINAGE CONSTRUCTION-NOTICE OF COMPLETION

RECOMMENDATIONS

  1. Accept the work as complete.
  2. Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the Surety Company to exonerate the Payment and Performance bonds.
  3. Authorize the Director of Public Works to release the 10% retention payment to Palp, Inc. DBA Excel Paving Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

BACKGROUND AND DISCUSSION

On, October 20, 2000, the City Council awarded a contract to Excel Paving for street and drainage improvements to Palos Verdes Drive South within the Portuguese Bend landslide area. Construction was completed on May 4, 2000.

Final project accounting is as follows:

Award Amount

Authorized Contingency

Total Authorization

Net Charge Orders

Final Contract Amount

$887,325.00

$92,675.00

$980,000.00

$11,673.60

$991,673.60

CONCLUSION

Excel Paving has successfully completed all work in accordance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed.

FISCAL IMPACT

The recommended action will have no fiscal impact.

Respectfully submitted,
Dean E. Allison, Director of Public Works

Reviewed,
Les Evans, City Manager

Attachment:
Notice of Completion


2. Award Professional Services Agreements for Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation, and support services for Fiscal Year 2001-2002 and Fiscal Year 2002-2003. (Ramezani)

Recommendation: (1) Award a professional services agreement to SCS Engineers to provide support services for the City’s implementation of the Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003 in amounts not to exceed $17,500 and $24,780, respectively. (2) Award a professional services agreement to E. Tseng and Associates to provide support services for the preparation of the City’s Year 2000 annual report, possible SB 1066 Time Extension Request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002 in amounts not to exceed $2,200 and $7,500, respectively. (3) Authorize the Mayor and the City Clerk to execute an agreement with SCS Engineers for implementation of the SRRE and Used Oil Block Grant programs for Fiscal Year 2001-2002 and Fiscal Year 2002-2003, with an option to extend the agreement for an additional year (Fiscal Year 2003-2004) at the City's sole discretion. (4) Authorize the Mayor and the City Clerk to execute an agreement with E. Tseng and Associates for the preparation of the City’s year 2000 annual report, possible SB 1066 Time Extension request and related work for Fiscal Year 2000-2001 and Fiscal Year 2001-2002.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JUNE 16, 2001

SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS FOR SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) AND USED OIL BLOCK GRANT IMPLEMENTATION, AND SUPPORT SERVICES FOR FY 01-02 AND FY 02-03

STAFF COORDINATOR: LAUREN RAMEZANI, SR. ADMINISTRATIVE ANALYST

RECOMMENDATIONS

  1. Award a professional services agreement to SCS Engineers to provide support services for the City’s implementation of the Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs for FY 01-02 and FY 02-03 in amounts not to exceed $17,500 and $24,780, respectively.
  2. Award a professional services agreement to E. Tseng and Associates to provide support services for the preparation of the City’s Year 2000 annual report, possible SB 1066 Time Extension Request and related work for FY 00-01 and FY 01-02 in amounts not to exceed $2,200 and $7,500, respectively.
  3. Authorize the Mayor and City Clerk to execute an agreement with SCS Engineers for implementation of the SRRE and Used Oil Block Grant programs for FY 01-02 and FY 02-03, with an option to extend the agreement for an additional year (FY 03-04) at the City's sole discretion.
  4. Authorize the Mayor and City Clerk to execute an agreement with E. Tseng and Associates for the preparation of the City’s year 2000 annual report, possible SB 1066 Time Extension request and related work for FY 00-01 and FY 01-02.

BACKGROUND

For the past several years the City has been implementing the City’s Source Reduction and Recycling Element and the Used Oil Block Grant programs in accordance with State mandates. The SRRE identifies how the City will reach the required State goal to divert 25% and 50% of the City’s waste stream by the years 1995 and 2000, respectively. The City’s approved diversion rates for 1995, 1996, 1997, 1998 are 28%, 20%, 38% and 44% respectively. The City has requested to establish 1999 as its new base year. The base year change request is tentatively scheduled to be included in the CIWMB's July 24/25, 2001 board meeting agenda in Long Beach. If that request is approved, the 1999 diversion would be approximately 38%. The used oil block grant program focuses on public education to encourage oil recycling and the proper disposal of the used oil. Huls Environmental Management, LLC (Huls) had been providing these support services for the past two years.

DISCUSSION

The City sent Requests for Proposals (RFP) to five qualified firms, including Huls. The City received two responses: 1) SCS Engineers and 2) E. Tseng and Associates. The proposed contract was for a two-year period with an option to extend it a third year at the City's sole discretion.

The firms were rated based on the City Council’s adopted criteria as follows:

  • Experience of firm
  • Experience of individuals
  • Project Understanding
  • References
    • Depth of staff available to perform work
    • Previous Work in RPV

In the past similar contracts for the required services has been awarded to a single firm. Staff recommends dividing the scope of work between the firms, in order to better match their strengths to the City's need for services.

The contracts includes the following services and dates:

SCOPE OF WORK

FY 01-02

FY 02-03

Used Oil Grant and Household Hazardous Waste Program Administration

SCS Engineers

SCS Engineers

Evaluate Quarterly County Landfill Disposal Reports (DRS) and Hauler Quarterly Reports

SCS Engineers

SCS Engineers

Expand/Improve Multi-Family Residential Recycling

SCS Engineers

SCS Engineers

Expand City Hall/Park Sites Recycling Program

N/A

SCS Engineers

Business Sector Recycling and Waste/Recycling Audits

E. Tseng and Associates

SCS Engineers

* Prepare Annual Reports to the California Integrated Waste Management Board & SB 1066 Time Extension request (if needed)

E. Tseng and Associates

SCS Engineers

Public Education and Outreach

SCS Engineers

SCS Engineers

Follow through on base year change request and representing the City at the CIWMB July Board mtg.

E. Tseng and

Associates

N/A

*This task will begin in late June 2001 in order to have time to prepare the annual report and gather the needed support documentation by the August 1, 2001 deadline.

The principal reason for splitting the contract is to retain the services of E. Tseng and Associates until the City's request for base year services is approved.

E. Tseng and Associates (Tseng) is a firm that has prepared numerous successful base year changes and waste/recycling audits in support of establishing new base years with approval by the CIWMB. Staff has been informed that tentatively the City’s base year change request will be included in the CIWMB's July 24/25, 2001 Board meeting.

Tseng has performed over 40 waste/recycling audits of the City’s businesses in late 1998. Tseng conducted the City’s green waste characterization study in 1996. Mr. Tseng also assisted Huls in preparing the necessary documentation for the City’s base year change request and is familiar with our request and the supporting research. Mr. Tseng, the firm's principal, has worked very closely with the CIWMB staff and board members for many years and his work is very well respected. It is proposed that Mr. Tseng represent the City at the July meeting and perform revision work (as needed) when requested by CIWMB. Having Mr. Tseng represent the City’s interest at this meeting will be very beneficial.

Mr. Tseng will also prepare the City’s year 2000 annual report and SB 1066 Time Extension Request (if needed). The Year 2000 annual report and SB 1066 are both due August 1, 2001. As mentioned before, Mr. Tseng's work will begin in late June in order to gather the needed support documentation and prepare the annual report by its August 1deadline. Recently Staff has been informed that the CIWMB staff is revising the annual report format and it will be more complex than previous years. Unfortunately, the new format and extent of the needed documentation was still not made available on the CIWMB web site as of June 11, 2001. Tseng will also perform business sector waste/recycling audits. The number of businesses visited will depend on the extent of work and time spent performing the other tasks. The contract will be on a time and materials basis. His proposed fee for FY 00-01 and FY 01-02 are $2,200 and $7,500 respectively.

SCS Engineers has been performing AB 939 related consulting work for various cities such as Rolling Hills, Lakewood, and Baldwin Park for several years and also has had AB 939 consulting contracts with the City and County of Los Angeles. SCS Engineers is a well-known and well-respected firm in the solid waste field. It is proposed that SCS Engineers perform the majority of the City's annual SRRE and AB 939 related programs. The contract will be on a time and materials basis. The proposed fee for FY 01-02 is $17,500 and for FY 02-03 is $24,780.

ALTERNATIVE

  1. Award a contract for the entire scope of work to one consultant, to SCS Engineers. Their proposal to do all the work (including preparing the Year 2000 annual report and SB 1066) for FY 01-02 and FY 02-03 are $24,595 and $24,780.
  2. Award a contract for the entire scope of work to one consultant, to E. Tseng and Associates. Their proposal to do all the work as outlined in the scope of work for FY 01-02 is $24,000, and for FY 02-03 is $24,000.

However, staff believes that as proposed the City's need for services better match the strength of each firm, especially given the upcoming deadlines.

CONCLUSION

Adopting the staff’s recommendation will award: 1) a professional services agreement to SCS Engineers for services related to the implementation of the City’s Source Reduction and Recycling Element and Used Oil Block Grant programs, and 2) a professional services agreement to E. Tseng and Associates for the preparation of the Year 2000 annual report, SB 1066 Time Extension Request (if needed), business sector waste/recycling audits and representing the City at the July CIWMB meeting. Both firms are ranked as the most qualified in their field, and their proposal fees are competitive and reasonable.

FISCAL IMPACT

Funds in the amount of $25,000 and $25,000 are included in the FY 01-02 and FY 02-03 budgets for these activities. Funds in the amount of $2,200 are also available in the FY 00-01 budget. Funding sources are the Used Oil Block Grants and Solid Waste Fund. The Solid Waste Fund expenditure is offset by the Residential Collector fee and, and a 5% fee collected from commercial haulers on their gross revenues. The estimated June 30, 2001 fund balance for the Solid Waste Fund is $679,000.

Respectfully Submitted:
Dean E. Allison, Director of Public Works

Reviewed:
Les Evans, City Manager

CITY OF RANCHO PALOS VERDES

REQUEST FOR PROPOSAL

Consultant Assistance to Implement the

Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation, and Solid Waste Support Services

The City of Rancho Palos Verdes is seeking proposals from qualified firms with prior experience working with local government for consulting assistance to continue implementation of its Source Reduction and Recycling Element (SRRE). The City has been actively implementing its SRRE since its adoption in 1991. The Public Works Department has responsibility for implementing the SRRE, administering the exclusive single-family and multi-family solid waste and recycling contracts, and the non-exclusive commercial solid waste and recycling contracts. The Public Works Department is organized similar to other contract cities, in that the assistance of consultants is used to perform tasks that are administered by a core staff of City employees. The new contract will be awarded for a two-year period with an option to extend it one additional year.

The City’s reported diversion for 1995, 1996, 1997 and 1998 were: 28%, 20%, 38% and 44% respectively. The City has requested to establish 1999 as its new base year. If that request is approved, the 1999 diversion would be 42%. The City currently has two exclusive residential solid waste and recycling contracts. Those contacts expire in July 2007. One hauler, Waste Management services 96% of the City, and offers twice a week curbside refuse, once a week recycling and once a week green waste collection. While the second hauler, Ivy Rubbish services 4% of the City and offers once and twice a week backyard and curbside collection, and once a week recycling collection. Additionally, the City currently has non-exclusive commercial agreements with 13 haulers, which get renewed annually. In October of 2000, a 5-year notice of non-extension was issued to all the commercial haulers.

The Scope of Work shall include but not be limited to the following items:

FY 01-02 Task I: Used Oil Grant and Household Hazardous Waste Program Administration

The City annually receives approximately $14,000 in used oil block grants from the State. These funds are being used to continue the implementation of a curbside used oil and oil filter collection program, in conjunction with the City's curbside recycling program.

  1. Administer the Used Oil Grant program including preparing and submitting required reports, reimbursement requests, meeting, etc.
  2. Assist with the annual Household Hazardous Waste Roundup. Prepare Form 303 and other reports.

(The City has applied for a HHW grant for FY 00-01, but still do not know the status. If awarded, the cost for administering the grant will be separate, and not included in the $25,000 annual budget for this RFP.)

FY 01-02 Task II: Prepare Annual Report and Time Extension to the CIWMB

The City is still waiting to hear the status of its base year change request. If that base year change is accepted, it is probable that the City’s year 2000 diversion will be in the low to mid 40’s, necessitating a time extension request.

  1. Compile information needed and prepare the required annual report to the California Integrated Waste Management Board due in August 2001. Including review the programs listed in the SRRE and develop revised implementation schedules. This should include noting which projects have been completed and their date of completion.
  2. If necessary, prepare SB 1066 time extension request and gather all necessary documents by its August 2001 deadline.

FY 01-02 Task III: Evaluate Various Counties Disposal Reporting System (DRS)/Landfill Reports AND Hauler Quarterly Reports

Disposal tonnage reports from various counties are compiled quarterly. The City requires all permitted haulers residential (single and multi-family) and commercial to submit quarterly reports (disposal and recycling tonnage) in order to verify the county DRS information.

  1. Evaluate the DRS information provided by the various counties and recommend actions the City should take, if any.
  2. Compile and review the quarterly hauler disposal/recycling tonnage information, and determine if it matches the County DRS reports and recommend actions the City should take, if any. Investigate and resolve DRS discrepancies, if any. Call haulers if necessary. Prepare quarterly summary of the data received.
  3. Track illegal haulers and send them "stop service" letters.

FY 01-02 Task IV: Expand/Improve Multi-Family Residential Recycling

The City has exclusive franchises for multi-family residential refuse hauling and recycling services. Many multi-family complexes have recycling containers, however it has been some time since the program was promoted.

  1. Work with the Waste Management and evaluate feasibility of expanding multi-family recycling program and develop revised program, including green waste. Perform site visits, if needed.
  2. Work with property managers and landscape companies to improve green waste recycling.

FY 01-02 Task V: Business Sector Recycling/ Waste Audits

This program needs to be broadened with additional outreach and education to City businesses. A Business Sector Recycling Program information binder has been developed. However, most commercial haulers do not promote recycling and there are many accounts that do not recycle.

  1. Develop and implement recycling and waste recycling programs for businesses.
  2. Conduct business waste audits at major commercial sites in the City. The information from these audits will be used to identify existing and potential diversion activities in the City. In late 1998 approximately 48 businesses were audited. This will be a continuation of that program concentrating on the top generators in these sectors. (The budget for the waste audits should not exceed $5,000)

FY 01-02 Task VI: Public Education and Outreach

  1. Prepare public education and outreach efforts to publicize and educate the City’s residents and commercial establishments on existing and new recycling, used oil, composting and source reduction programs. Materials may include preparing articles for the City’s newsletter, flyers, e-mail articles, and other promotional materials.
  2. Develop and implement outreach campaign to City businesses to facilitate recycling. Promote the WRAP and other recycling awards and recycling new material such as electronic waste. Make presentations to various business groups such as the Chamber of Commerce.
  3. Update City’s composting public education pieces and organize a workshop (through LA County), as needed.
  4. Develop a promotional campaign to encourage multi-family recycling.

FY01-02 Task VII: Miscellaneous

The selected firm will be viewed as the City's overall solid waste management consultant as well as being responsible for implementing the specific tasks listed for FY 01-02. This may include some of the following miscellaneous tasks:

  1. Attend meetings as needed
  2. Monitor California Integrated Waste Management Board and legislative activity and recommend action to be taken, as needed.
  3. Prepare staff reports, grant applications, and correspondence as needed.
  4. Improve the City’s construction and demolition recycling and implement programs.

FY 02-03 Task I: Used Oil Grant and Household Hazardous Waste Program Administration

This is a continuation of the previous year's efforts.

  1. Administer the Used Oil Grant program including preparing and submitting required reports, reimbursement requests, meeting, etc.
  2. Assist with the annual Household Hazardous Waste Roundup. Prepare Form 303 and other reports.

(The City has applied for a HHW grant for FY 00-01, but still do not know the status. If awarded, the cost for administering the grant will be separate, and not included in the $25,000 annual budget for this RFP.)

FY 02-03 Task II: Prepare Annual Report and Time Extension to the CIWMB

  1. Compile information needed and prepare the required annual report to the California Integrated Waste Management Board due in August 2002. Including review the programs listed in the SRRE and develop revised implementation schedules. This should include noting which projects have been completed and their date of completion.
  2. If necessary, prepare SB 1066 time extension request and gather all necessary documents by its August 2002 deadline.

FY 02-03 Task III: Evaluate Various Counties Disposal Reporting System (DRS)/Landfill Reports AND Hauler Quarterly Reports

  1. Evaluate the DRS information provided by the various counties and recommend actions the City should take, if any.
  2. Compile and review the quarterly hauler disposal/recycling tonnage information, and determine if it matches the County DRS reports and recommend actions the City should take, if any. Investigate and resolve DRS discrepancies, if any. Call haulers if necessary. Prepare quarterly summary of the data received.
  3. Track illegal haulers and send them "stop service" letters.

FY 02-03 Task IV: Expand City Hall/Park Sites Recycling Program

This is a continuation and monitoring of the FY 01-02's activities.

  1. Evaluate and monitor the City facilities (City Hall and park sites) recycling and landscaping green waste program.
  2. If needed, suggest necessary changes and implement a public education program.

FY 02-03 Task V: Expand/Improve Multi-Family Residential Recycling

This is a continuation and monitoring of the previous year’s activities.

  1. Work with the Waste Management and evaluate feasibility of expanding multi-family recycling program and develop revised program, including green waste. Perform site visits, if needed.
  2. Work with property managers and landscape companies to improve green waste recycling.

FY 02-03 Task VI: Business Sector Recycling/ Waste Audits

This is a continuation of the previous year’s activities.

  1. Develop and implement recycling and waste reduction programs for businesses.
  2. Conduct business waste audits at major commercial sites in the City. The information from these audits will be used to identify existing and potential diversion activities in the City. In late 1998 approximately 48 businesses were audited. This will be a continuation of that program concentrating on the top generators in these sectors. (The budget for the waste audits should not exceed $5,000)

FY 02-03 Task VII: Public Education and Outreach

This is a continuation of the previous year's efforts.

  1. Prepare public education and outreach efforts to publicize and educate the City’s residents and commercial establishments on existing and new recycling, used oil, composting and source reduction programs. Materials may include preparing articles for the City’s newsletter, flyers, e-mail articles, and other promotional materials.
  2. Develop and implement outreach campaign to City businesses to facilitate recycling. Promote the WRAP and other recycling awards and recycling new material such as electronic waste. Make presentations to various business groups such as the Chamber of Commerce.
  3. Update City’s composting public education pieces and organize a workshop (through LA County), as needed.
  4. Develop a promotional campaign to encourage multi-family recycling.

FY 02-03 Task VIII: Miscellaneous

The selected firm will be viewed as the City's overall solid waste management consultant as well as being responsible for implementing the specific tasks listed for FY 02-03. This may include some of the following miscellaneous tasks:

  1. Attend meetings as needed
  2. Monitor California Integrated Waste Management Board and legislative activity and recommend action to be taken, as needed.
  3. Prepare staff reports, grant applications, and correspondence as needed.
  4. Continuing to improve the City’s construction and demolition recycling and implement programs.

PROJECT BUDGET

The proposed FY 01-02 budget is $25,000, and FY 02-03 budget is $25,000. The cost for the audits should be included in the annual $25,000 budget. For example, if you proposed to perform $2000 worth of audits in year one and $3,000 in year two, then your budget for the other tasks is $23,000 and $22,000 respectively.

FORM OF PROPOSAL

Please submit in a "two sealed envelope" format.

The first sealed envelope shall contain two copies of the technical proposal and will include:

  • A description of the anticipated work.
  • A listing of the project team, with organizational chart.
  • A summary of the firm's previous experience on similar projects.
  • A summary of each individual team member's experience on similar projects
  • References from clients on similar projects.

The second envelope shall contain two copes of the cost proposal, which will include:

  • The names of the Consultant's personnel who are to be involved, their titles, and hourly rates for their services.
  • A fee schedule for the firm and per individual for the firm shall be included in the proposal.
  • Provide a Total Project Cost on a "Not To Exceed" basis for each fiscal year. Total Project Cost is to include all costs and expenses.
  • Fees should be submitted in a separate sealed envelope, which may be opened after the proposals have been reviewed and evaluated. The City reserves the right to select a consultant which may not have submitted the lowest proposed fees.

Note: This project may require services during weekends and/or evenings. Indicate on your fee schedule any fee differential for weekend or evening services. Fees shall be inclusive of all clerical support, overtime services, travel time, travel mileage, cellular phone services, and computer usage.

All questions are to be submitted via email to Lauren Ramezani at LaurenR@rpv.com , or by phone (310) 544-5245.

Two (2) copies of your proposal must be submitted to Lauren Ramezani, Public Works Department, City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 by 5:00 p.m. on Monday, May 14, 2001. A meeting with proposers is tentatively scheduled for Thursday, May 24, 2001 in the afternoon. The projected date for requesting City Council approval for this consulting contract is June 19, 2001.

THE CITY’S EVALUATION PROCESS

  • Technical proposals received will be evaluated on the following criteria:
  • Experience of firm in performing this type of service.
  • Relevant experience of individual team members assigned to the project.
  • Understanding of project as demonstrated by the thoroughness of the proposal
  • References from clients for whom similar work was performed.
  • Depth of staff available to perform services.
  • Previous work in RPV

AND FINALLY …

Please note that the responses to this request for proposal are subject to the following conditions:

Insurance

The City of Rancho Palos Verdes requires the selected firm to have a minimum of $1,000,000.00 of professional errors and omissions insurance and a minimum of $1,000,000.00 of automobile liability insurance prior to entering into an agreement with the City.

Acceptance of Terms

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal.

Right of Rejection by the City

Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal.

Financial Responsibility

The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP.

Award of Contract

The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes.

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this 16th day of June, 2001, by and between CITY OF RANCHO PALOS VERDES hereinafter referred to as "CITY", and E. Tseng and Associates, hereafter referred to as "CONSULTANT".

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

ARTICLE 1

SCOPE OF SERVICES

1.1 Project Description

The Project is described as follows:

CONSULTING SERVICES FOR THE PREPARATION OF THE YEAR 2000 ANNUAL REPORT, SB 1066 TIME EXTENSION REQUEST (IF NEEDED), AND RELATED WORK FOR FY 00-01 AND FY 01-02

1.2 Description of Services

CONSULTANT shall perform Services described in CONSULTANT's Scope of Work dated June 11, 2001, and the City's request for proposals (RFP). That proposal and RFP are attached as Exhibit "A" and Exhibit "C" and incorporated herein by this reference. This agreement shall commence on June 20, 2001 and expire on June 30, 2002.

1.3 Schedule of Work

Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY and agreed on by CONSULTANT. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other contractors, or governmental agencies, or any other delays beyond CONSULTANT'S control or without CONSULTANT'S fault.

ARTICLE 2

COMPENSATION

2.1 Fee

(a) CITY agrees to compensate CONSULTANT a not to exceed amount of $2,200 for FY 00-01 and $7,500 for FY 01-02 for services at the rates further described in CONSULTANT'S fee proposal which is attached hereto and incorporated herein by Exhibit B.

(b) CITY may request additional specified work under this agreement. All such work must be authorized in writing by the Director of Public Works prior to commencement.

2.2 Payment Address

All payments due CONSULTANT shall be paid to:

E. Tseng and Associates
30023 W. Rainbow Crest Drive
Agoura Hills, CA 91301

2.3 Terms of Compensation

CONSULTANT will submit invoices monthly for the percentage of work completed in the previous month. CITY agrees to pay all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage.

Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice.

2.4 Additional Services

CITY may request in writing that CONSULTANT perform additional services not covered by the specific Scope of Work set forth in this Agreement, and CONSULTANT shall perform such services and will be paid for such additional services in accordance with CONSULTANT'S Standard Schedule of Hourly Rates attached hereto as part of Exhibit B and incorporated herein by this reference. The schedule of hourly rates shall be in effect through the end of this project or June 30, 2002, whichever occurs first.

ARTICLE 3

INDEMNIFICATION AND INSURANCE

3.1 Indemnification

CONSULTANT will defend, indemnify and hold harmless CITY, its Boards and its officers, employees and agents (collectively "CITY"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of CONSULTANT, its agents, officers, directors or employees, in performing any of the services under this Agreement.

3.2 General Liability

CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of One Million ($1,000,000.00) Dollars for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies shall be issued by an insurer rated in Best's Insurance Guide with a rating of B+ or better.

3.3 Professional Liability

CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million ($1,000,000.00) dollars.

3.4 Worker's Compensation

CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees.

3.5 Notice of Cancellation

A. All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30) days prior written notice to CITY. CONSULTANT agrees that it will not cancel or reduce said insurance coverage.

B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon.

3.6 Certificate of Insurance

At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The comprehensive general liability and professional liability policy or policies shall contain endorsements naming the CITY, its officers, agents and employees as additional insured.

3.7 Primary Coverage

The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers' compensation and professional liability) shall include provisions for waiver of subrogation.

ARTICLE 4

TERMINATION

4.1 Termination of Agreement

(a) This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed served upon deposit in the United States Mail of a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 6.12.

(b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1 and Article 2.4.

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product

All plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement are instruments of service which shall be deemed the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. If a document is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document in a Microsoft Word 6.0 format; in addition, CONSULTANT shall provide CITY with said document both in a printed format and on a three and one-half inch (3 1/2") floppy diskette. Consultant will be allowed to retain copies of all related material for consultant’s files.

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation

A CITY representative shall be designated by the City Manager and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts.

In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. 11200, et seq.).

6.3 Personnel

CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services.

6.4 CONFLICTS OF INTEREST

CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Section 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement.

6.5 Legal Action

(a) Should either party to this Agreement bring legal action against the other, the case shall be brought in a court of competent jurisdiction in Los Angeles County, California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony.

6.6 Assignment

This Agreement shall not be assignable by either party without the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT'S use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance.

6.7 Independent Contractor

CONSULTANT 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 over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY, it being distinctly understood that CONSULTANT is, and shall at all times remain to CITY, a wholly independent contractor and CONSULTANT's obligations to CITY are solely such as are prescribed by this Agreement.

6.8 Hazardous Materials

Unless otherwise provided in this Agreement, CONSULTANT and its subconsultants and/or contractors shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the site of the Project.

6.9 Titles

The titles used in this Agreement are for general reference only and are not part of the Agreement.

6.10 Extent of Agreement

This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

6.11 Notices

All notices pertaining to this Agreement shall be in writing and addressed as follows:

If to CONSULTANT:

Dr. Eugene Tseng
E. Tseng and Associates
30023 W. Rainbow Crest Drive
Agoura Hills, CA 91301

If to CITY:

Dean Allison, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

Dated:

E. Tseng and Associates

BY:

Title:

Dated:

CITY OF RANCHO PALOS VERDES

A Municipal Corporation

BY:

MAYOR
City of Rancho Palos Verdes

ATTEST:

CITY CLERK


3. Professional Services Agreement – Home Improvement Program. (Huey)

Recommendation: (1) Approve a professional services agreement with MDG Associates to administer the Home Improvement Program for a not-to-exceed amount of $35,000 for Fiscal Year 2001-2002 and a not-to-exceed amount of $35,000 for Fiscal Year 2002-2003. (2) Authorize the Mayor and the City Clerk to execute the proposed Agreement with MDG Associates.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: JUNE 16, 2001

SUBJECT: PROFESSIONAL SERVICES AGREEMENT – HOME IMPROVEMENT ROGRAM

Staff Coordinator: Judy Huey, Senior Administrative Analyst

RECOMMENDATION

  1. Approve a professional services agreement with MDG Associates to administer the Home Improvement Program for a not to exceed amount of $35,000 for FY 2001-2002 and a not to exceed amount of $35,000 for FY 2002-2003.
  2. Authorize the Mayor and City Clerk to execute the proposed Agreement with MDG Associates.

BACKGROUND

As a part of the City’s Community Development Block Grant (CDBG) Program, funds are allocated for the implementation of a Home Improvement Program which provides housing rehabilitation assistance to low and moderate income homeowners. The Home Improvement Program offers grants of up to $5,000 and deferred loans of up to $10,000 for residential repairs to eligible owner occupied homes. The City of Rancho Palos Verdes has utilized consultant staff to administer the program since November 1998.

A two-year contract for FY 2001-2003 is proposed for award, with an option to renew the contract for FY 2003-2004 at the City’s discretion. The amount of the contract shall not exceed $35,000 per year without written authorization from the City.

ANALYSIS AND DISCUSSION

A Request for Proposal (RFP) was requested from three (3) firms capable of providing consultant services to administer and implement the Home Improvement Program. The proposals submitted for consideration are as follows:

Firm Name

Rating

Principal Hourly Rate

Associate Hourly Rate

Number of Years in Business

MDG Associates

95%

$65.00

$50.00 - $55.00

10 years

Willdan

95%

$105.00

$75.00

37 years

Bill Bond and Associates

90%

$60.00

N/A

Over 30 years

Staff reviewed the qualifications of the three firms and the individuals assigned to the project. Proposals were evaluated based upon City Council-approved criteria as follows:

    1. Experience of Firm 10%
    2. Experience of Individuals 20%
    3. Project Understanding 15%
    4. References 20%
    5. Depth of Resources to Perform Work 10%
    6. Familiarity with RPV/Peninsula 20%
    7. Location of Office 5%

Upon review, it is recommended that MDG Associates be awarded a contract to administer the Home Improvement Program. As the current consultant staff for the City of Rancho Palos Verdes Home Improvement Program, MDG Associates has developed the program guidelines and procedures including forms, applications, reports, program information brochures and/or handouts for homeowners. In addition, the firm is highly responsive to the homeowners participating in the program.

MDG Associates has made consistent efforts to complete repair work and housing improvements in a cost effective and timely manner. The firm is organized, thorough and diligent in operating the Home Improvement Program, and keeps City staff informed of issues concerning the program as well as the progress of the rehabilitation work.

ALTERNATIVES

  1. Award the contract to either Willdan or Bill Bond and Associates. Both firms have extensive experience in operating CDBG housing rehabilitation programs. The hourly fee for Willdan’s Principal Consultant is $40.00 higher than MDG Associates’ fee for the lead consultant, while the hourly fee for Bill Bond and Associates is $5.00 lower. The hourly fee for the Associate Consultant for Willdan is also higher than the fees for MDG Associates.
  2. Reject all proposals and solicit new proposals. This will interrupt the operation of the on-going Home Improvement Program and delay the hiring of another program consultant for approximately two (2) months.

FISCAL IMPACT

Awarding the contract will authorize the proposed budgeted expenditure of up to $35,000 in FY 2001 – 2002 and up to $35,000 in FY 2002-2003. The Home Improvement Program is fully funded through the Community Development Block Grant (CDBG) Program. Consultant costs for program administration and implementation are eligible CDBG expenditures.

Respectfully submitted,
Dean E. Allison, Director of Public Works

Reviewed,
Les Evans, City Manager

Attachment:
Agreement for Professional Services

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this 16th day of June, 2001, by and between the CITY OF RANCHO PALOS VERDES hereinafter referred to as "CITY", and MDG Associates hereafter referred to as "CONSULTANT".

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

ARTICLE 1

SCOPE OF SERVICES

1.1 Project Description

The Project is described as follows:

The CITY’s Home Improvement Program provides grants and zero percent (0%) deferred loans to eligible homeowners for interior and exterior housing improvements. The CONSULTANT will provide professional services necessary to administer the City’s Home Improvement Program, including but not limited to the tasks included in CONSULTANT’S Proposal dated April 11, 2001 incorporated herein by this reference.

1.2 Description of Services

CONSULTANT shall perform the Services described in the CONSULTANT'S Proposal to provide administrative and implementation services for the Home Improvement Program. That Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference.

CONSULTANT shall obtain a City Business License and shall keep said license in effect at all times while performing services pursuant to this Agreement.

1.3 Time of Commencement and Performance

This Agreement shall commence on July 1, 2001 and expire on June 30, 2003, with an option to renew the agreement for FY 2003-2004 with the mutual consent of both parties.

ARTICLE 2

COMPENSATION

2.1 Fee

(a) CITY agrees to compensate CONSULTANT a not to exceed amount of $35,000 in Community Development Block Grant (CDBG) funds for professional services as indicated and further described in CONSULTANT'S proposal which is attached hereto and incorporated herein by Exhibit "A".

(b) CITY may request additional specified work under this agreement. All such work must be authorized in writing by the Director of Public Works prior to commencement.

2.2 Payment Address

All payments due CONSULTANT shall be paid to:

MDG Associates
9229 Utica Avenue Suite 120
Rancho Cucamonga, California 91730

2.3 Terms of Compensation

CONSULTANT will submit invoices monthly for the services provided and completed in the previous month. CITY agrees to pay all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage.

Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice.

2.4 Additional Services

CITY may request in writing that CONSULTANT perform additional services not covered by the specific Scope of Work set forth in this Agreement, and CONSULTANT shall perform such services and will be paid for such additional services in accordance with CONSULTANT'S Standard Schedule of Hourly Rates.

ARTICLE 3

INDEMNIFICATION AND INSURANCE

3.1 Indemnification

CONSULTANT will defend, indemnify and hold harmless CITY, its Boards and its officers, employees and agents (collectively "CITY"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of CONSULTANT, its agents, officers, directors or employees, in performing any of the services under this Agreement.

3.2 General Liability

CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of One Million ($1,000,000.00) Dollars for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A VII or better.

3.3 Professional Liability

CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million ($1,000,000.00) dollars. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A VII or better.

3.4 Worker's Compensation

CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees.

3.5 Notice of Cancellation

A. All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30) days prior written notice to CITY. CONSULTANT agrees that it will not cancel or reduce said insurance coverage.

B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon.

3.6 Certificate of Insurance

At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The comprehensive general liability and professional liability policy or policies shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds.

3.7 Primary Coverage

The insurance provided by CONSULTANT shall be primary to any coverage available to city. The insurance policies (other than workers' compensation and professional liability) shall include provisions for waiver of subrogation.

ARTICLE 4

TERMINATION

4.1 Termination of Agreement

(a) This Agreement may be terminated at any time, with or without cause, by either party upon thirty (30) days prior written notice. Notice shall be deemed served upon deposit in the United States Mail of a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 6.12.

(b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1.

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product

All plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement are instruments of service which shall be deemed the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. If a document is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document in a Microsoft® Word 97 SR-2 or lower format; in addition, CONSULTANT shall provide CITY with said document both in a printed format and on a three and one-half inch (3 1/2") floppy diskette.

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation

A CITY representative shall be designated by the City Manager and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts

In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. 11200, et seq.).

6.3 Personnel

CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services.

6.4 Compliance with Federal Regulations

This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following:

Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause.

Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.

Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.

Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.

Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.

6.5 Conflicts of Interest

CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Section 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement.

6.6 Legal Action

(a) Should either party to this Agreement bring legal action against the other, the case shall be brought in a court of competent jurisdiction in Los Angeles County,

California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony.

6.7 Assignment

This Agreement shall not be assignable by either party without the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT'S direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT'S use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance.

6.8 Independent Contractor

CONSULTANT 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 over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY, it being distinctly understood that CONSULTANT is, and shall at all times remain to CITY, a wholly independent contractor and CONSULTANT's obligations to CITY are solely such as are prescribed by this Agreement.

6.9 Titles

The titles used in this Agreement are for general reference only and are not part of the Agreement.

6.10 Extent of Agreement

This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

6.11 Notices

All notices pertaining to this Agreement shall be in writing and addressed as follows:

If to CONSULTANT:

Rudy E. Munoz, Principal
MDG Associates
9229 Utica Avenue Suite 120
Rancho Cucamonga, California 91730

If to CITY:

Mr. Dean E. Allison, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

Dated:

MDG Associates

BY:

Title

Dated:

CITY OF RANCHO PALOS VERDES

A Municipal Corporation

BY:

MAYOR

City of Rancho Palos Verdes

ATTEST:

CITY CLERK


4. Purchase of Tax-Defaulted Property. (Petru)

Recommendation: Authorize the Mayor and the City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a 17.44-acre vacant parcel located adjacent to Del Cerro Park.


TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER

DATE: JUNE 16, 2001

SUBJECT: PURCHASE OF TAX DEFAULTED PROPERTY

RECOMMENDATION

Authorize the Mayor and City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a 17.44 acre vacant parcel located adjacent to Del Cerro Park.

BACKGROUND

Pursuant to the State Revenue and Tax Code, properties that are determined to be in default for unpaid property taxes for five years or more are periodically put up for sale at public auction by the Los Angeles County Tax Collector. However, if it is determined that the parcel is needed for public purposes, the City may request to have the parcel removed from the auction and acquire title to the property. The cost of acquisition is the minimum bid for the property as approved by the Los Angeles County Board of Supervisors. However, parcels may be subject to removal from the auction if the owner pays the defaulted taxes or enters into a legal process, such as bankruptcy.

DISCUSSION

Staff has received notice that ten vacant parcels in the City will be offered at public auction on August 6 and 7, 2001. If the City determines that any of the properties are needed for public purposes, the City must file a written statement setting forth the purpose of the acquisition and the necessary agreement forms prior to June 29, 2001.

Of the ten properties currently up for auction, staff feels that the City should try to acquire the vacant parcel located adjacent to Del Cerro Park. The minimum bid on this parcel is $17,772. This property is zoned RS-2 (Single Family Residential) and OH (Open Space Hazard) and is approximately 17.44 acres in size. The lot was created in 1980 as a common open space lot for Tract No. 32110 (a Residential Planned Development on Park Place and Burrell Lane consisting of 11 single-family lots). For unknown reasons, the property was never transferred to the homeowners association and still remains in the ownership of the developer (Burrell Ltd.). Staff would not normally recommend that the City acquire property that was originally to be preserved as open space through a RPD approval, however, acquisition of this property offers a unique opportunity to connect Del Cerro Park with the open space the City is currently in the process of purchasing from York Long Point Associates. Although most of the property has steep topography, staff feels that City ownership of this parcel would be of public benefit due to fact that it would expand the size of Del Cerro Park from nearly 4 acres to over 21 acres, and possibly provide a trail connection between this developed park site and the proposed Portuguese Bend Nature Preserve. Acquisition of the property may also assist the City in the completion of its Natural Communities Conservation Planning (NCCP) effort.

There are nine other properties included in the August 2001 public auction. Staff does not recommend City acquisition of any of these properties due to the fact that:

  • Parcel 7556-017-023 on Goldenspur Lane in landlocked.
  • Parcel 7566-014-017 on Crownview Drive is probably unbuildable due to steep topography
  • Parcel 7557-039-095 (Summerland Drive extension), Parcels 7572-002-020 and 7572-002-023 (Narcissa Drive) and 7572-016-019 (Peppertree Drive) are portions of private streets.
  • Parcels 7573-002-011 and 7573-019-021 (Hawthorne Boulevard) and 7572-008-016 (Pomegranate Road) are all remainder parcels of unusable dimensions.

Staff feels that City ownership of these properties would not serve any reasonable public purpose.

ADDITIONAL INFORMATION

The Council has previously authorized staff to pursue acquisition of five other vacant lots in the City. With the exception of a parcel on Cherry Hill Lane, the delinquent taxes have been redeemed on the four other parcels (Peppertree, Tangerine, Pomegranate and Windport Canyon). The City is still awaiting the County’s completion of the legal noticing requirements for the Cherry Hill parcel before finalizing the transaction.

CONCLUSION

The Los Angeles County Tax Collector has notified the City that ten properties in the City will be offered for sale at a public auction on August 6 and 7, 2001. The City has the opportunity to purchase these properties prior to the public sale, provided that the City files the necessary paperwork with the County prior to June 29, 2001 to establish that the properties are needed for public purposes. Of the ten parcels, staff recommends that only the parcel located adjacent to Del Cerro Park be acquired by the City. In addition to enlarging Del Cerro Park, this acquisition would assist in the completion of the Portuguese Bend Nature Preserve and the City’s NCCP program.

FISCAL IMPACT

The City would be required to purchase the subject parcel for the minimum bid amount, which is $17,772. The money for the purchase would come from the General Fund. The only on-going cost to the City of owning this property would be the annual cost of clearing the non-native vegetation for fire control purposes.

Respectfully submitted:
Carolynn Petru, Assistant City Manager

Reviewed,
Les Evans, City Manager

Attachments:
Notice from the County of Los Angeles dated June 1, 2001
Legal description and minimum bid amounts for the subject parcels
Assessor Maps showing the location of the subject parcels


5. Register of Demands. (McLean.)

Recommendation: ADOPT RESOLUTION NO. 2001-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.


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REGULAR BUSINESS:


6. Garden Village Shopping Center Geologic Study. (Evans)

Recommendation: Authorize a study of geologic and soil conditions adjacent to the Garden Village Shopping Center on Western Avenue.


TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: JUNE 16, 2001

SUBJECT: GARDEN VILLAGE SHOPPING CENTER GEOLOGIC STUDY

RECOMMENDATION:

Authorize a study of geologic and soil conditions adjacent to the Garden Village Shopping Center on Western Avenue.

BACKGROUND:

On April 17, 2001, the City Council established an ad hoc committee to investigate the impact of proposed development projects in adjacent cities that may impact our City. The committee, referred to as the Border Issues Committee, is made up of Mayor Lyon and Mayor pro tem John McTaggart.

The Border Issues Committee met with representatives of the Rolling Hills Riviera Homeowners Association on June 1, 2001 and again on June 8, 2001. The Homeowners Association representatives were Don Shults and April Sandell.

Mr. Shults says the Association is concerned over recent development approvals in San Pedro that have adversely impacted traffic on Western Avenue. He cited the Home Depot as a prime example. In addition, he feels the recent approval by the City of Los Angeles of a senior housing project along Western Avenue and the potential Port expansion all will have detrimental impacts on our eastside residents. He pointed out that there are currently three projects in the pre-development stage that his Association opposes. The first is the re-vitalization of the Garden Village Shopping Center on Western Avenue at Westmont (City of Los Angeles). The second is the proposed expansion of the Covenant Church on Palos Verdes Drive North (City of RHE). The third is a Community Center in the Harbor Housing area (Los Angeles County?).

Of immediate concern is the revitalization project in the Garden Village Shopping Center. The Garden Village project will add 2000 square feet of retail space to a reconfigured shopping center to be anchored by a "super" Albertson’s. This project was approved by the Los Angeles City Council on June 8, 2001. In response to this approval the Border Issues Committee addressed a letter to the City of Los Angeles Zoning Administrator requesting the following:

  1. The City of Rancho Palos Verdes would like the opportunity to review and comment on the design of the ingress and egress to the site in view of our concerns with traffic congestion on Western Avenue (reference: Condition 9.p. of Conditions of Approval dated December 21, 2000).
  2. The City of Rancho Palos Verdes is concerned about the location of trash enclosures at the front of the shopping center site and would like to participate in the resolution of how this problem will be resolved (reference: Condition 21.c. of the Determination of the Harbor Area Planning Commission).
  3. The City of Rancho Palos Verdes would like to review the geology and soils reports that are to be prepared by the developer relative to the analysis of any soil and slope stability problems associated with the property (reference: Condition 8 of Conditions of Approval dated December 21, 2000).
  4. The City of Rancho Palos Verdes would like to review the reports that are to be prepared relative to the inspection, repair, replacement and sealing of any storm drain or sewer pipelines in the vicinity of the project (reference: Approval letter of March 9, 2001 by the City of Los Angeles Department of Building and Safety approving the Geotechnical Report prepared by Leighton & Associates).

DISCUSSION:

The Border Issues Committee is particularly concerned about the underlying soils and drainage conditions in the project area that includes both the City of Los Angeles and the City of Rancho Palos Verdes. The ad hoc committee decided to recommend that the Rancho Palos Verdes City Council authorize a study of these geologic conditions and whether or not the Gardens Village revitalization project will have any adverse impacts on existing properties in our City. The recommended study will be consistent with the conditions that the City of Los Angeles has already placed on the developer regarding geologic and soils issues. The Committee further decided to recommend that the City employ the firm of Cotton, Shires & Associates (CSA) to conduct this study.

The scope of work for the study would begin with a thorough review of the previous geological and soils studies performed in the area for various public and private projects. Based on this review CSA would be asked to advise the City whether or not they feel there are geologic or soils conditions that would be exacerbated by the proposed Village Gardens project. In addition, the study will include recommendations by CSA regarding any further study or remedial actions that should be undertaken.

FISCAL IMPACT:

The cost of the review and recommendations should not exceed $10,000. There are adequate funds to perform the study included in the Building and Safety budget under the Professional and Technical Services account.

Respectfully submitted,
Les Evans, City Manager

PUBLIC COMMENTS:

(This section of the agenda is for audience comments on items NOT on the agenda. Speakers are limited to three minutes.)

ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.)

ADJOURNMENT: Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting.