721
Project ID: 07-1500-0162
EA: 07-31500KDescription: Hermosa Beach Roadway Improvement Division
Chief
Office
Chief Senior Generalist Biology Cultural Haz Waste Socio- Economic Storm
Water
To be
Determined
in later
phases
ECL Steward- ship
Noise/AirTo be
Determined
in later
phases
Sup Svcs Design Hydraulics Landscape Planning Right of Way WBS Task Activity Code Surveys Total Assigned Unit
Right of Way Property Management and Excess Land195.40 – Property Management - 195.45 – Excess Land - Total RW Property Mgmt and Excess Land - - - - - - - - - - - - - - - - - - - - Utility Relocation200.15 – Approved Utility Relocation Plan - 200.20 – Utility Relocation Package - Total Utility Coordination - - - - - - - - - - - - - - - - - - - - Obtain Permits, Licenses, Agreements, and Certifications (PLACs) during PS&E Component - Task Management Activities205.05 – PLACs Determination 10 10 205.10 – PLACs 80 80 205.15 – Railroad Agreements - 205.25 – Agreement for Material Sites - 205.30 – Executed Maintenance Agreements - 205.45 – MOU from TERO - 205.55 – NEPA Delegation - Total Permits & Agreements during PS&E - - - 10 - - - - - - 80 - - - - - - - - 90 Obtain Right of Way Interests for Project Right of Way Certification225.75 – Right of Way Clearance - Total Obtain RW Interests for Proj RW Cert - - - - - - - - - - - - - - - - - - - - Prepare Draft PS&E230.05 – Draft Roadway Plans - 230.10 – Draft Highway Planting Plans - 230.30 – Draft Drainage Plans - 230.35 – Draft Specifications - 230.60 – Updated Project Info for PS&E Pkg - 230.90 – NEPA Assignment - 230.99 – Other Draft PS&E Products - Total Prepare Draft PS&E - - - - - - - - - - - - - - - - - - - - Mitigate Environmental Impacts and Clean-up Hazardous Waste - Task Management Actitivities235.05 – Environmental Mitigation 20 - 150 170 235.10 – Detailed Site Investigation for HW 800 800
235.15 – HW Management Plan - 235.20 – HW PS&E 200 200
235.25 – HW Clean-up - 235.30 – Haz Substances Disclosure Doc - 235.35 – Long Term Mitigation Monitoring - 235.40 – Updated Env Commitments Record 20 20 235.45 – NEPA Assignment - Total Mit Env Impacts & Clean-up HW - - - 20 - - 1,000 - - - 170 - - - - - - - - 1,190 Post Right of Way Certification Work245.75 – Right of Way Clearance - Total Post RW Clearance Work - - - - - - - - - - - - - - - - - - - - Circulate, Review and Prepare Final District PS&E Package255.05 – Circ. & Rev. Draft Dist PS&E Package 50 4 54 255.10 – Updated PS&E Package 20 20
255.15 – Environmental Reevaluation 200 20 20 240
255.20 – Final District PS&E Package 5 5
255.40 – Resident Engineer's Pending File 20 20
255.45 – NEPA Assignment - Total Circ, Rev and Prepare Final Dist PS&E Pkg - - - 275 20 20 20 - - - - - 4 - - - - - - 339
722
Project ID: 07-1500-0162
EA: 07-31500KDescription: Hermosa Beach Roadway Improvement Division
Chief
Office
Chief Senior Generalist Biology Cultural Haz Waste Socio- Economic Storm
Water
To be
Determined
in later
phases
ECL Steward- ship
Noise/AirTo be
Determined
in later
phases
Sup Svcs Design Hydraulics Landscape Planning Right of Way WBS Task Activity Code Surveys Total Assigned Unit
Contract Bid Documents "Ready to List"260.75 - Env Cert at RTL 10 40 50 Total Contract Bid Documents "RTL" - - - 10 - - - - - - 40 - - - - - - - - - Construction Engineering and General Contract Administration270.15 – Construction Stakes - 270.33 – Construction Inspection 20 20 40 270.66 – Technical Support - Total Const Engineering & Gen Contract Admin. - - - - 20 20 - - - - - - - - - - - - - 40 Administration of Permits, Licenses, Agreements and Certifications (PLACs) and Environmental Stewardship280.10 – PLAC Compliance 8 100 108 280.40 – PLAC Violations - 280.50 – Other Environmental Compliance 180 180 280.60 – Other Environmental Violations - 280.70 – Updated ECR 8 4 4 20 36 280.75 – Environmental Reevaluation 8 4 4 16 280.80 – Updated PLACs - Total Admin of PLACs and Env Stewardship - - - 24 8 8 - - - - 300 - - - - - - - - 340 Change Order Administration285.05 – Change Order Process - 285.10 – Functional Support - Total Change Order Administration - - - - - - - - - - - - - - - - - - - - Disputes and Claims290.40 – Potential Claim Record - Total Disputes and Claims - - - - - - - - - - - - - - - - - - - - Accept Contract/Prepare Final Construction Estimate and Final Report295.35 – Certificate of Environmental Compliance 40 2 2 12 56 295.40 – Long Term Env Mit/Mont after CCA 8 8 Total Accept Contract - - - 40 2 2 - - - - 12 - 8 - - - - - 64 - Total Project Hours - - 486 5,111 162 302 1,436 - 16 - 602 - 20 - - - - - - 8,085
723
Scheduled Delivery Date
(Month/Day/Year)
PROGRAM PROJECT M015 2/2/2015
BEGIN ENVIRONMENTAL M020 7/1/2015
CIRCULATE DPR & DED EXTERNALLY M120 3/1/2017
PA&ED M200 8/1/2017
PROJECT PS&E M380 11/1/2019
RIGHT OF WAY CERTIFICATION M410 1/1/2020
READY TO LIST M460 6/1/2020
AWARD M495 9/1/2020
APPROVE CONTRACT M500 11/1/2020
CONTRACT ACCEPTANCE M600 10/1/2021
END PROJECT M800 12/1/2022
Attachment C: Project Schedule
Project Milestones
724
Attachment D: PEAR Environmental Commitments Cost
Estimate
Standard PSR Only
(Prepare a separate form for each viable alternative described in the Project Study Report) PART 1 PROJECT INFORMATION rev. 11/08
District-County-Route-Post Mile
07/LA/1-20.62/21.92
EA:
31500K
Project Description:
PCH/Hermosa Beach Improvement Project
Form completed by (Name/District Office):
Karl Price
Project Manager:
Zoe Yue
Phone Number:
213-897-1051
Date: 1/23/15
PART 2 PERMITS AND AGREEMENTS
Permits and Agreements
($$)
Fish and Game 1602 Agreement 0
Coastal Development Permit 0
State Lands Agreement 0
Section 401 Water Quality Certification 0
Section 404 Permit – Nationwide (U.S. Army
Corps)
0 Section 404 Permit – Individual (U.S. Army
Corps)
0 Section 10 Navigable Waters Permit (U.S. Army
Corps)
0 Section 9 Permit (U.S. Coast Guard) 0
Other: 0
Total (enter zeros if no cost) 0
725
PART 3. ENVIRONMENTAL COMMITMENTS FOR PERMANENT IMPACTS To complete the following information:
o Report costs in $1,000s.
o Include all costs to complete the commitment:
O.K. to break down by phase: Design, ROW, Construction, and/or provide Sub-Total.
Capital outlay and staff support. Refer to Estimated Resources by WBS Code. For example, if you estimated 80 hours for biological monitoring (WBS 235.35 Long Term Mitigation Monitoring), convert those hours to a dollar amount for this entry. For current conversion rates from PY to dollars, see the Project Manager.
Cost of right of way or easements.
If compensatory mitigation is anticipated (for wetlands, for example), insert a range for purchasing credits in a mitigation bank.
Long-term monitoring and reporting
Any follow-up maintenance
Use current costs; the Project Manager will add an appropriate escalation factor.
This is an estimating tool, so a range is not only acceptable, but advisable.
Environmental Commitments
Alternative
Estimated Cost in $1,000’s Notes
Phases
Design ROW Construction SubTotal
Noise abatement or
mitigation
??? ??? ??? ???
Unknown at this
time
Special landscaping 0 0 0 0
Archaeological resources 0 0 0 0
Biological resources 0 0 0 0
Historical resources 0 0 0 0
Scenic resources 0 0 0 0
Wetland/riparian resources 0 0 0 0
Res./bus. relocations ??? ??? ??? ??? Unknown at this
time
Other: 0 0 0 0
Total (enter zeros if no
cost)
??? ??? ??? ???
726
Attachment G
727
728
729
730
731
732
733
734
735
736
737
738
739
740
Attachment H
741
742
EFIS ID 0715000162
YUE, ZOE
Low Most Likely High Low Most Likely High
1 Active 24014 DGN Mandatory Lane
width (HDM
Section 301.1
Within the project
limits,
existing/proposed
lane width is 10'.
Upgrading the
lane width to
standard 11' would
require
reconfiguration of
the roadway.
Linear 60-99% Very High 25 (HIGH) Zoe Yue 01/26/2015
08:26:00
2 Active 24017 DGN Nonstandard design
features not
approved
Nonstandard design
features may not be
approved during PA/ED
and PS&E phases
Delay in
approving the
project and
completing design.
Need to change
design and acquire
more right of
way.
Linear 60-99% Very High 25 (HIGH) Zoe Yue 01/26/2015
08:25:00
3 Active 24013 R/W Right of Way
acquisition may
require
condemnation
R/W acquisition may
require condemnation
Delay in
advertising the
project
Linear 40-59% High 16 (HIGH) Zoe Yue 01/26/2015
08:29:00
4 Active 24015 DGN Mandatory shoulder
width
Linear 40-59% High 16 (HIGH) Zoe Yue 01/26/2015
08:27:00
5 Active 24020 ENV Public may not
support the project
Public may pose
objection to the project
during Environmental
document circulation
Public challenge
to project may
lead to project
being cancelled or
revised
significantly
Linear 20-39% Moderate 9 (MEDIUM) Zoe Yue 01/26/2015
08:29:00
6 Active 24023 TRA Project traffic
impact may be
adverse.
The project alternatives
may cause significant
impact to traffic and
increase delays due to
road diet strategy and
roundabout involved.
Lengthy and
complex traffic
study may be
needed.
Alternatives may
need to be
revised.
Linear 20-39% Moderate 9 (MEDIUM) Zoe Yue 01/26/2015
08:31:00
7 Active 24021 DGN Hazardous materials
may exist in
acquired R/W
Parcels contaminated
with hazardous materials
may need to be acquired
permanently or as
construction easement
Delay in R/W
process that would
lead to delay in
delivering the
project
Linear 20-39% Very Low 3 (LOW) Zoe Yue 01/26/2015
08:05:00
8 Active 24016 R/W Undiscovered
utility
Unknown utilities
maybe encountered
during construction
Delay in
construction
Linear 10-19% Very Low 2 (LOW) Zoe Yue 01/23/2015
13:56:00
9 Active 24018 PM Local Agency
supporty not
attained
Funding may not be
obtained from LA MTA
Project approval is
delayed until
funding is secured
from another
source.
Linear 1-9% Very Low 1 (LOW) Zoe Yue 01/23/2015
14:02:00
10 Active 24019 DGN Project construction
may go higher
Due to unforeseen
circumstances, project
cost may go higher than
the cost estimates
Delay in project
delivery,
additional funding
may need to be
programmed
Linear 1-9% Very Low 1 (LOW) Zoe Yue 01/23/2015
14:08:00
11 Active 24022 ENV Environmentally
sensitive areas may
be impacted
Parcels impacted may be
environmentally
sensitive and may need
mitigations.
Environmental
process would be
long and EIR/EIS
may be needed
Linear 1-9% Very Low 1 (LOW) Zoe Yue 01/23/2015
14:14:00
$0(K) 0 (Mos.)
Risk Triggers Residual Risks Risk Probability
TOTAL EXPECTED IMPACT
Title Risk Statement
Probable
Cost Impact
($K)
Response Action
Mitigation
Option
(Minimize
Prob or
Impact)
No. Status Secondary Risks
Cost Impact ($K)
Project Risk Register as of 01/26/15
Risk Identification Risk Assessment Risk Response
Time (Months) Probable
Time Impact
(Mos.)
Rationale
(for
Rating)
Response
Strategy
Risk
Interaction
Risk
Owner Comments Last Updated Linear/ Non- Linear
DIST EAPM
Critical
Path
Impacted
31500
Risk
Impact
Impact
Consequence
(Cost/Time)
Cost/Time
Score
WBS
Impacted
RBS
Category
Risk
Type ID Impact Description
743
Agreement 07-5261
Project No. 0715000162
EA 31500
07-LA-001-20.6/21.9
Project Development Agreement 2017-02-17 (Created November 16, 2021) i
COOPERATIVE AGREEMENT COVER SHEET
Work Description
IN THE CITY OF HERMOSA BEACH, BETWEEN ANITA STREET/HERONDO STREET AND
ARTESIA BOULEVARD/GOULD AVENUE AND AVIATION BOULEVARD BETWEEN ROUTE 1 AND PROSPECT AVENUE, TO IMPROVE SAFETY OPERATIONS, MOBILITY
AND PROVIDE AESTHETIC ELEMENTS
Contact Information
CALTRANS
Allen Shim, Project Manager
100 South Main Street
Los Angeles, CA 90012
Office Phone: (213) 266-2740
Email: [email protected]
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Isidro Panuco, Senior Manager Transportation Planning
1 Gateway Plaza
Los Angeles, CA 90012
Office Phone: (213) 418-3208
Email: [email protected]
744
Cover Sheet AGREEMENT 07-5261
Project No. 0715000162
Project Development Agreement 2017-02-17 (Created November 16, 2021) ii Right click on the table of contents below > Update Field > Update Entire Table and then delete these instructions.
Table of Contents
COOPERATIVE AGREEMENT......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 3 Sponsorship...................................................................................................................................... 3 Implementing Agency...................................................................................................................... 3 Funding ............................................................................................................................................ 3 CALTRANS’ Quality Management ................................................................................................ 4 CEQA/NEPA Lead Agency............................................................................................................. 5 Environmental Permits, Approvals and Agreements....................................................................... 5 Project Approval and Environmental Document (PA&ED)............................................................ 6 California Environmental Quality Act (CEQA).......................................................................... 7 National Environmental Policy Act (NEPA) .............................................................................. 8 Schedule ......................................................................................................................................... 10 Additional Provisions..................................................................................................................... 10 Standards................................................................................................................................... 10 Qualifications............................................................................................................................ 10 Consultant Selection.................................................................................................................. 10 Encroachment Permits............................................................................................................... 11 Protected Resources .................................................................................................................. 11 Disclosures................................................................................................................................ 11 Hazardous Materials.................................................................................................................. 12 Claims........................................................................................................................................ 13 Interruption of Work ................................................................................................................. 14 Penalties, Judgements and Settlements..................................................................................... 14 Project Files............................................................................................................................... 14 GENERAL CONDITIONS ................................................................................................................ 14 Venue ............................................................................................................................................. 14 Exemptions..................................................................................................................................... 15 Indemnification .............................................................................................................................. 15 Non-parties..................................................................................................................................... 15 745
Cover Sheet AGREEMENT 07-5261
Project No. 0715000162
Project Development Agreement 2017-02-17 (Created November 16, 2021) iii Ambiguity and Performance .......................................................................................................... 16 Defaults.......................................................................................................................................... 16 Dispute Resolution......................................................................................................................... 16 Prevailing Wage............................................................................................................................. 17 SIGNATURES.................................................................................................................................... 18 CLOSURE STATEMENT.................................................................................................................... 2 746
Agreement 07-5261
Project No. 0715000162
EA 31500
07-LA-001-20.6/21.9
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 1 of 18
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
Los Angeles County Metropolitan Transportation Authority, a public corporation/entity, referred to hereinafter as LACMTA.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, In the City of Hermosa Beach, between Anita Street/Herondo Street and Artesia Boulevard/Gould Avenue and Aviation Boulevard between Route 1 and Prospect Avenue, to improve safety operations, mobility and provide aesthetic elements will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 747
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Project No. 0715000162
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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS completed the Project Initiation Document on January 26, 2015 (Cooperative Agreement No. 07-5034). CALTRANS completed the Supplemental Project Initiation Doc. on December 8, 2016. No invoicing or reimbursement will occur for the PA&ED PROJECT COMPONENT.
In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. 748
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Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 3 of 18
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. LACMTA is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • LACMTA is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).
11. LACMTA will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK. 749
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Project No. 0715000162
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 4 of 18 CALTRANS’ Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that LACMTA's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.
CALTRANS quality control and quality assurance procedures for all environmental documents are described in the NEPA Assignments memorandums, available at https://dot.ca.gov/-/media/dot-media/programs/environmentalanalysis/documents/ser/nepa-recordretention-policy-final-ally.pdf. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.
19. LACMTA will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work. 750
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Project No. 0715000162
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 5 of 18
20. LACMTA, including any employee, agent, consultant or sub-consultant retained by the LACMTA, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/-/media/dot-media/programs/environmentalanalysis/documents/nepa-recordretention-policy-final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.
21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
22. CALTRANS is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
24. LACMTA will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to LACMTA's responsibilities in this AGREEMENT.
25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 751
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Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 6 of 18
26. It is expected that the PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
Local Agency Concurrence/Permit
Coastal Development Permit, California Coastal Commission Air Quality Permits
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board
Project Approval and Environmental Document (PA&ED)
27. As the PA&ED IMPLEMENTING AGENCY, LACMTA is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
28. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.15.05 Record of Decision (NEPA)
180.15.10 Notice of Determination (CEQA)
29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.
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30. LACMTA will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.
California Environmental Quality Act (CEQA)
31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and LACMTA will use, a letter template and a list of California Native American tribes requesting notification.
LACMTA will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.
32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.
33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.
34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.
35. LACMTA will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.
36. LACMTA will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow LACMTA to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency has final approval authority over all CEQA documentation.
37. The CEQA Lead Agency will attend all CEQA-related public meetings. 753
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Project No. 0715000162
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 8 of 18
38. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.
National Environmental Policy Act (NEPA)
39. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.
CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.
40. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.
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Project No. 0715000162
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 9 of 18
41. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.
42. LACMTA will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. LACMTA will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation.
CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.
43. The NEPA Lead Agency will attend all NEPA-related public meetings.
44. LACMTA will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.
45. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.
46. LACMTA will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.
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47. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
48. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
Qualifications
49. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
50. LACMTA will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
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51. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. LACMTA, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to LACMTA, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
52. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
53. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
54. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
55. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
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56. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
57. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
58. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-ofway.
59. If HM-1 is found within the PROJECT limits and outside the existing State Highway System right-of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. LACMTA, in concert with the local agency having land use jurisdiction, will ensure that HM-1 MANAGEMENT is undertaken with minimum impact to PROJECT schedule.
The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way will be the responsibility of the owner(s) of the parcel(s) where the HM-1 is located.
60. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
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Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 13 of 18 LACMTA and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and LACMTA each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. LACMTA will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
61. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
62. LACMTA may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
63. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
64. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
65. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
66. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
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67. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
68. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
69. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.
70. The cost of legal challenges to the environmental process or are considered WORK costs.
71. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
72. LACMTA will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. LACMTA will prepare the Project History File in accordance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and on a CD ROM in PDF format.
GENERAL CONDITIONS
73. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
Venue
74. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. 760
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75. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
76. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LACMTA, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon LACMTA under this AGREEMENT.
It is understood and agreed that LACMTA, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LACMTA, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
77. Neither LACMTA nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT.
It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless LACMTA and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
78. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
79. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
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80. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
81. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
82. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
83. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of LACMTA will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
84. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 762
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85. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720- 1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Tony Tavares
D7 District Director
Verification of funds and authority:
Vickey Murphy
District Budget Manager
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
Stephanie N. Wiggins
Chief Executive Officer
Attest:
Approved as to form and procedure:
Rodrigo A. Castro Silva
County Counsel
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EA 31500
07-LA-001-20.6/21.9
Project Development Agreement 2017-02-17/IQA (Created November 16, 2021) 1 of 2
CLOSURE STATEMENT INSTRUCTIONS
Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?
YES / NO
Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?
YES / NO
Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?
YES / NO
If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?
YES / NO
Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?
YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. 765
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CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 07-5261 and any amendments to the agreement. The final signature date on this document terminates agreement 07-5261 except survival articles. All survival articles in agreement 07-5261 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.
The people signing this agreement have the authority to do so on behalf of their public agencies.
The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
D7 District Director
Date:
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
Chief Executive Officer
Date:
766
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0493
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022
APPROVAL OF FIRST AMENDMENT TO AGREEMENTS
FOR ON-CALL STAFF AUGMENTATION SERVICES
FOR COMMUNITY DEVELOPMENT
(Community Development Director Jeannie Naughton)
Recommended Action:
Staff recommends City Council:
1. Approve the proposed first amendment to an agreement with 4LEAF, Inc. for staff augmentation services to increase the not-to-exceed amount by $45,000, resulting in a total amended contract term of three years and a total not-to exceed amount of $75,000 (Attachment 3);
2. Approve the proposed first amendment to an agreement with Willdan Engineering for staff augmentation services to increase the not-to-exceed amount by $45,000, resulting in a total amended contract term of three years and a total not-to exceed amount of $75,000 (Attachment 4); and
3. Authorize the Mayor to execute and the City Clerk to attest the attached first amendments subject to approval by the City Attorney.
Executive Summary:
The City entered into an agreement on May 25, 2022 with 4LEAF, Inc. and on July 20, 2022 with Willdan Engineering to provide on-call staff augmentation services for the Community Development Department. The proposed first amendments would increase the not-to-exceed compensation of $30,000 by $45,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $75,000 for each agreement. Approval of the agreements would ensure that the Community Development Department is able to quickly fill temporary vacancies and augment permanent staffing to meet the needs of our community.
Background:
In early 2022, the Community Development Department began to experience the same workforce issues that are being experienced universally. Having an immediate need for technically qualified staffing, staff reached out to six of the leading consulting companies to seek proposals for assistance.
Of the six companies, two were able to immediately provide the requested professional services and, City of Hermosa Beach Page 1 of 3 Printed on 8/4/2022
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Of the six companies, two were able to immediately provide the requested professional services and, therefore, provided proposals.
The City Manager approved $30,000 agreements with 4LEAF, Inc. and Willdan Engineering to provide as needed staffing augmentation to the Community Development Department (Attachments 1 and 2).
Discussion:
Paramount to the City’s ability to successfully serve our residents, businesses, development community, and cultivate economic vitality so that all stakeholders can thrive, is maintaining the staffing we need to provide our essential services. Given the small size of our team, several of the positions in Community Development are single-incumbent positions, where an entire function is handled by one position. Having staffing augmentation services agreements in place would allow City staff to quickly fill temporary staffing needs to ensure continuous operations. 4LEAF, Inc. and Willdan Engineering are well-regarded consultants that assist many public agencies in Southern California. Each firm has demonstrated that they have the technical expertise, available staffing, and competitive pricing to assist the City should the need arise.
If approved, the proposed first amendments to the agreements would increase the not-to-exceed limit to $75,000 each for the total term of three-years. When utilized, funding for the staffing services would be covered by salary savings from the vacant position. Staff recommends City Council approve the proposed contract amendments to ensure continuation of the essential services provided by the Community Development Department.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
Fiscal Impact:
These agreements have a total not-to-exceed amount of $75,000 each. Funding to support any expenditures under these agreements would be transferred from the salary savings from the position City of Hermosa Beach Page 2 of 3 Printed on 8/4/2022
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expenditures under these agreements would be transferred from the salary savings from the position or function being temporarily filled to contract services, account number 001-4201-4201, in the Community Development Department.
Agreement Modification Request
Agreement Current
Authorized
Amount
Modified Request
Amount
FY 2022-23
Budget Dept.
Account #
Total Revised
Contract Amount
4LEAF, Inc. $30,000 $45,000 001-4201-4201 $75,000
Willdan Engineering $30,000 $45,000 001-4201-4201 $75,000 Attachments:
1. Agreement with 4LEAF, Inc.
2. Agreement with Willdan Engineering
3. Proposed First Amendment to Agreement with 4LEAF, Inc.
4. Proposed First Amendment to Agreement with Willdan Engineering Respectfully Submitted by: Angela Crespi, Deputy City Manager Concur: Jeannie Naughton, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND WILLDAN
ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 9
th day of August 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and 4LEAF, Inc. ("Consultant”).
RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-to-exceed amount of $30,000.
B. To ensure the ability to quickly meet temporary staffing needs that may arise during the contract term, the parties mutually desire to increase the not-to-exceed limit by $45,000.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1 is amended to read as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $75,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.
4LEAF, Inc.
______________________, President
793
CITY OF HERMOSA BEACH
By
MAYOR, Michael Detoy
ATTEST:
CITY CLERK, Myra Maravilla
794
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND WILLDAN
ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 9
th day of August 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).
RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-to-exceed amount of $30,000.
B. To ensure the ability to quickly meet temporary staffing needs that may arise during the contract term, the parties mutually desire to increase the not-to-exceed limit by $45,000.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1 is amended to read as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $75,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.
WILLDAN ENGINEERING
______________________, President
795
CITY OF HERMOSA BEACH
By
MAYOR, Michael Detoy
ATTEST:
CITY CLERK, Myra Maravilla
796
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0495
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022
DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE
LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE
(City Manager Suja Lowenthal)
Recommended Action:
Staff recommends City Council designate a Voting Delegate and an alternate for the League of California Cities Annual Business Meeting scheduled for Friday, September 9, 2022.
Executive Summary:
This agenda matter is a standard item that goes before City Council each year in anticipation of the League of California Cities’ Annual Conference. In order to vote on any matters during the Annual Business Meeting, City Council must designate a voting delegate and alternate to represent the City.
This year, the League of California Cities (League) did not receive resolutions to be considered at the annual conference, however there will be an amendment to the bylaws to be considered and voted on during the Annual Business Meeting. This packet will be available to League of California Cities members by August 12, 2022.
Background:
The League of California Cities Annual Conference is scheduled for September 7-9, 2022. Each year, the conference includes an Annual Business Meeting, where the League membership considers and acts on resolutions that establish policy.
The League bylaws stipulate that each city is entitled to one vote on matters affecting municipal or League policy. Therefore, in order to vote at the Annual Business Meeting, the League has requested cities to designate by City Council approval a Voting Delegate and up to two alternates to represent their respective cities. In addition, proof of designation which reflects the action taken by council is required.
Analysis:
Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League are through the League’s eight City of Hermosa Beach Page 1 of 3 Printed on 8/4/2022
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Staff Report
REPORT 22-0495
deciding policy on the important issues facing cities and the League are through the League’s eight standing Policy Committees and the Board of Directors. The process allows timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy and help guide cities and the League in its efforts to improve the quality, responsiveness, and vitality of local government in California.
This year, the League of California Cities did not receive resolutions to be considered at the annual conference, however there will be an amendment to Cal Cities bylaws to be considered and voted on during the business meeting. This packet will be available to League members by August 12, 2022.
The current City Council delegate to the League of California Cities - Los Angeles County Division is Councilmember Mary Campbell and the current alternate is Councilmember Justin Massey. However, any Councilmember may be designated the voting delegate or alternate for the League of California Cities Annual Business Meeting.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
· 1.6 Long-term Considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities.
Goal 4. A leader and partner in the region.
Policies:
· 4.1 Regional Governance. Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. · 4.3 Collaboration with Adjacent Jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern.
Fiscal Implications:
The League of California Cities Annual Conference will be held in Long Beach from September 7-9, 2022. Adequate funds are appropriated in the FY2022-2023 Budget for conference travel and related expenses.
City of Hermosa Beach Page 2 of 3 Printed on 8/4/2022
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Staff Report
REPORT 22-0495
Attachments:
1. 2022 League Annual Conference Voting Delegate/Alternate Form Respectfully Submitted by: Ann Yang, Executive Assistant Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Michael Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 3 of 3 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0497
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
Attachments:
Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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August 3, 2022
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council August 9, 2022
TENTATIVE FUTURE AGENDA ITEMS
NO MEETING AUGUST 23, 2022
SUMMER BREAK
THURSDAY, SEPTEMBER 1, 2022 @ 5:00 PM
STUDY SESSION
SEPTEMBER 13, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION: Labor Negotiations – City Manager
SEPTEMBER 13, 2022 @ 6:00 PM
PRESENTATIONS
RECOGNIZING JIM LIGHT AND SOUTH BAY PARKLAND CONSERVANCY
FOR THEIR WORK TO RESTORE BUTTERFLY NATIVE HABITAT ON THE GREENBELT
RECOGNIZING HERMOSA BEACH RESIDENT DUSTIN BROWN
FOR HIS ACCOMPLISHMENTS AND RETIREMENT FROM THE LOS ANGELES KINGS
UPDATE ON SKECHERS DESIGN CENTER PROJECT
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for July 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 2, 2022
Community Resources Manager Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of August 16, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Civil Service Board meeting of July 20, 2022
Human Resources Manager Ongoing
PUBLIC HEARINGS – 6:30 PM
Second Reading of Ordinance to Lift Ban on the Delivery of Cannabis City Clerk Council Direction Aug. 9, 2022
MUNICIPAL MATTERS
General Plan 2021 Annual Progress Report Community Development Director Staff Request Jul. 5, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
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2 SEPTEMBER 27, 2022 @ 5:00 PM INITIAL
DATE CLOSED SESSION
SEPTEMBER 27 @ 6:00 PM
PRESENTATIONS
RECOGNIZING OCTOBER 5, 2022 AS CALIFORNIA CLEAN AIR DAY
CITY MANAGER REPORTS
Update From Jim Fasola - City Delegate to the Los Angeles County West Vector & Vector-Borne Disease Control District Board of Trustees
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for July and August 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for July and August 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of July 20, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of September 20, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
2022 Local Agency Biennial Notice regarding the City’s Conflict of Interest Code
City Clerk Biennial
PUBLIC HEARINGS – 6:30 PM
Approval of Additional 2022 Impact Level III Special Event: You are Enough 5K (11/12)
Community Resources Manager Staff Request
Jul. 28, 2022
Introduction of Ordinance of the City Council of the City of Hermosa Beach Approving the Joint Powers Agreement for Clean Power Alliance of Southern California Authority and Authorizing the Implementation of a Community Choice Aggregation Program
Environmental Programs Manager Staff Request
Aug. 1, 2022
MUNICIPAL MATTERS
Special Event Policy Guide Updates Community Resources Manager Staff Request Jun. 16, 2022
Vacancies – Public Works Commission Term Expirations – Schedule Applicant Interviews
City Clerk Staff Request
Aug. 2, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
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3 OCTOBER 11, 2022 @ 4:00 PM
APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION
OCTOBER 11, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
OCTOBER 11, 2022 @ 6:00 PM
PRESENTATIONS
TENTATIVE - PROCLAMATION DECLARING OCTOBER 13, 2022
AS METASTATIC BREAST CANCER AWARENESS DAY
HERMOSA BEACH CHAMBER OF COMMERCE PROVIDES FIESTA HERMOSA RECAP
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for August 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Recommendation to receive and file the action minutes of the Civil Service Board meeting of August 17, 2022
Human Resources Manager Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
SATURDAY, OCTOBER 22, 2022
CITY COUNCIL RETREAT
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4 OCTOBER 25, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
OCTOBER 25 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for September 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for September 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of September 6, 2022
Community Resources Manager Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of October 18, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
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5 THURSDAY, NOVEMBER 3, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION: Amber Webster v. City of Hermosa Beach THURSDAY, NOVEMBER 3, 2022 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for September 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Recommendation to receive and file the action minutes of the Civil Service Board meeting of September 21, 2022
Human Resources Manager Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING NOVEMBER 8, 2022
(GENERAL MUNICIPAL ELECTION DAY)
809
6 PENDING STRATEGIC PLAN ITEMS
STATUS /
TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager
PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Document Retention Policy
Initiated by: Staff Request Nov. 28, 2018
City Clerk Pending Deputy City Clerk
Appointment
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.
The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.
Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk/Assistant to
the City Manager
Pending Deputy City Clerk
Appointment
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
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7 (AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter
12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022
Emergency
Management
Coordinator
Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits
Initiated by: Council Direction January 31, 2022
City Manager
Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance
Initiated by: Staff Request February 8, 2022
City Manager/Senior
Management Analyst
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Consideration of proposal for Extension and Amendment of agreements between the City and Athens Services for solid waste and street sweeping services
Initiated by: Council Direction May 10, 2022
Environmental Program
Manager
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