Calabasas
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Date Item Type Item Description Info Location County City Meeting Type id
May 07, 2025 Closed Session Item 1 1. Revised roundabout analysis: Upon review of the 90% submittal, staff directed the consultant to conduct a study to analyze revising the design from a traditional roundabout to a mini-roundabout. The traditional roundabout will require the installation of retaining walls along the southerly limit of the Project (into the hillside). To potentially reduce the size of the retaining walls and lower construction costs, the design team analyzed a smaller roundabout. Ultimately, the analysis determined that the smaller roundabout would not provide substantial construction savings. May 07, 2025 Closed Session Item # 1 LA County Calabasas City Council 68191bf9433a47b759933873
May 07, 2025 Closed Session Item 2 2. Potholing: Potholing was not included in the original project scope. Potholing performed during the design phase is an efficient method to determine where underground utility lines are located and mitigates delays and cost overruns during the construction phase. Identifying utility and other subsurface conflicts prior to construction also reduces the likelihood of costly repairs to utility lines and encountering safety hazards during construction. A pothole report will be prepared and made available to the construction contractor. May 07, 2025 Closed Session Item # 2 LA County Calabasas City Council 68191bf9433a47b759933875
May 07, 2025 Closed Session Item 4 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual cash value of the " auto" at the time of the " loss" EXCLUSION 5. - FELLOW EMPLOYEE - of and the " outstanding balance" of the loan/ lease. SECTION 11 - LIABILITY COVERAGE does not apply if you have workers' compensation Outstanding balance" means the amount you insurance in -force covering all of your owe on the lease at the time loan/ of " loss" Tess employees". any amounts representing taxes; overdue is other collectible payments; penalties, interest or charges resulting Coverage excess over any insurance. from overdue payments; additional mileage charges; excess wear and tear charges; lease May 07, 2025 Closed Session Item # 4 LA County Calabasas City Council 68191bf9433a47b759933879
May 07, 2025 Item 10 10. INDEMNIFICATION 10. The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant' s commitment to indemnify and protect City as set forth herein. 2 10. To the fullest extent indemnify, hold harmless and permitted by law, Consultant shall defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees due to counsel of City' s choice. 3 10. City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant' s Initials: ( City) Contractor) Or Page 5 of 26 v. 7. 0 Last Update: 05/ ( 04/ 22) Professional Services Agreement Providing for Payment of Prevailing Wages City of Calabasas// MNS Engineers, Inc. failure to pay City promptly any indemnification arising under this Section 10 and related to s Consultant' failure to either ( i)pay taxes on amounts received pursuant to this Agreement or ( ii)comply with applicable workers' compensation laws. 4 10. The obligations of Consultant under this Section 10 will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5 10. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other of Consultant in the performance of person or entity involved by, for, with or on behalf this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant' s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City' s choice. 6 10. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. May 07, 2025 Item # 10 LA County Calabasas City Council 68191bf9433a47b759933868
May 07, 2025 Item 11 11. INSURANCE 11. During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to s performance of this property that may arise from or in connection with Consultant' Agreement. Such insurance shall be of the types and in the amounts as set forth below: 1. Comprehensive 11. General Liability Insurance with coverage limits of not less than One Million Dollars ($ 1,000) including products and operations hazard, 000, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable. 2 Automobile 1. 11. Liability Insurance for vehicles used in connection with the of this Agreement with minimum limits of One Million Dollars performance 000)per incident. 000)per claimant and One Million dollars ($ 1, 000, 1, 000, 3 Worker' 11. 1. s Compensation insurance as required by the laws of the State of Initials: ( City) Contractor) Page 6 of 26 v. 7. 0 ( Last 04/ 22) Update: 05/ Professional Services Agreement Providing for Payment of Prevailing Wages MNS Engineers, Inc. City of Calabasas// California, including but not limited to California Labor Code § 1860 and 1861 as follows: Contractorshall take out and maintain, during the life of this contract, Worker' s site of Compensation Insurance for all of s employees employed Contractor' at the improvement; and, if any work is sublet, Contractor shall require the subcontractor s Compensation Insurance for all of similarly to provide Worker' the latter' s employees, unless such employees are covered by the protection afforded s subcontractors shall by Contractor. Contractor and any of Contractor' be required to provide City with a written statement acknowledging its obligation s Compensation Insurance as required by Labor to secure payment of Worker' Code § 1861; to wit: ` I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' insurance in accordance with the provisions of compensation or to undertake self- that code, and I will comply with such provisions before commencing the performance of the work of this contract.' If any class of employees engaged in work under this contract at the site of the Project is not protected under any s Compensation law, Contractor shall provide and shall cause each Worker' subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance. 4 Professional Errors and Omissions Insurance with coverage limits of not less than 1. 11. One Million Dollars ($ 1, 000, 000). 2 11. Consultant require each of its subcontractors to maintain insurance shall coverage that meets all of the requirements of this Agreement. 3 11. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best' s Insurance Guide. 4 11. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either ( i)immediately terminate this Agreement; or ( ii)take out the necessary s expense, the premium thereon. insurance and pay, at Consultant' 5 11. At all times during the term of this Agreement, Consultant shall maintain on file with of insurance showing that the aforesaid City' Risk Manager a certificate or certificates s policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Consultant shall, prior to commencement of work under this Agreement, file with s Risk Manager such City' s). certificate( 11. 6 Consultant provide proof that policies of insurance required herein expiring during shall the term of this Agreement have been renewed or replaced with other policies providing Initials: ( City) Contractor) ar Page 7 of 26 v. 7. 0 ( 22) Last Update: 05/ 04/ Professional Services Agreement Providing for Payment of Prevailing Wages City of Calabasas// MNS Engineers, Inc. at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 7 11. The General Liability Policy of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. The General Liability Policy required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions. If this contract provides service to a Homeowners Association, that Homeowners Association must be listed as an additional insured in addition to the City. 8 11. The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or insurance self- maintained by City or and/ its officers, employees, agents Consultant' insurance and shall not contribute with it. or volunteers, shall be in excess of s 9 11. All insurance coverage provided this Agreement shall not prohibit pursuant to s employees, agents or subcontractors, from waiving the right Consultant, and Consultant' of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. 11. 10 Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self - insured retentions with respect to City, or Consultant shall procure a bond or other security acceptable to the City guaranteeing payment of losses and expenses. 11 11. Procurement by Consultant shall not be construed as a limitation of of insurance Consultant' s liability s duties to indemnify, hold full performance of Consultant' or as harmless and defend under Section 10 of this Agreement. May 07, 2025 Item # 11 LA County Calabasas City Council 68191bf9433a47b759933869
May 07, 2025 Item 12 12. MUTUAL COOPERATION 12. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant' s services under this Agreement. 12. 2 In the event any claim or action is brought against City relating to Consultant' s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require. May 07, 2025 Item # 12 LA County Calabasas City Council 68191bf9433a47b75993386c
May 07, 2025 Item 13 13. RECORDS AND INSPECTIONS Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City Initials: ( City) It ( Contractor) ar Page 8 of 26 v. 7. 0 ( Last Update: 05/ 04/ 22) Professional Services Agreement Providing for Payment of Prevailing Wages MNS Engineers, Inc. City of Calabasas// shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities with respect to this Agreement. May 07, 2025 Item # 13 LA County Calabasas City Council 68191bf9433a47b75993386b
May 07, 2025 Item 14 14. PERMITS AND APPROVALS Consultant shall obtain, at its sole and expense, all permits and regulatory approvals cost necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections. May 07, 2025 Item # 14 LA County Calabasas City Council 68191bf9433a47b759933871
May 07, 2025 Item 15 15. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: the day of delivery if delivered by hand, facsimile or overnight courier service i) during the addressee' s regular business hours; or ( ii)on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below ( or to such other addresses as the parties may, from time to time, designate in writing). If to City: If to Consultant: City of Calabasas MNS Engineers, Inc. 100 Civic Center Way 4580 E. Thousand Oaks Blvd Calabasas, CA 91302 Suite 101 Attn: Tatiana Holden Westlake Village, CA 91362 Telephone: ( 818) 224- 1600 Attn: Michaellp Facsimile: ( 818) 225- 7338 Telephone: ( 805)719- 9807 Email: mip@mnsengineers. com With courtesy copy to: Matthew T. Summers Colantuono, Highsmith & Whatley, PC City Attorney 790 E. Colorado Blvd., Suite 850 Pasadena, CA 91101 5700 Telephone: ( 213) 542- Facsimile: (213) 542- 5710 May 07, 2025 Item # 15 LA County Calabasas City Council 68191bf9433a47b759933870
May 07, 2025 Item 16 16. SURVIVING COVENANTS The parties agree that the covenants contained in Section 9, Section 10, Paragraph 2 and 12. Section 13 of this Agreement shall survive the expiration or termination of this Agreement. Initials: ( City) Contractor) air Page 9 of 26 v. 7. 0 ( Last Update: 05/ 04/ 22) Professional Services Agreement Providing for Payment of Prevailing Wages City of Calabasas// MNS Engineers, Inc. May 07, 2025 Item # 16 LA County Calabasas City Council 68191bf9433a47b75993386e
May 07, 2025 Item 17 17. TERMINATION 1. City shall 17. have the right to terminate this Agreement for any reason on five calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement. 2 17. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would paid to Consultant for the full performance of the services required by this be Agreement. May 07, 2025 Item # 17 LA County Calabasas City Council 68191bf9433a47b75993386f
May 07, 2025 Item 18 18. GENERAL PROVISIONS 18. Consultant shall not delegate, transfer, assign its duties or rights subcontract or hereunder, either in whole or in part, without s City' prior written consent, and any to do so shall be void and of no effect. City shall not be obligated or liable under attempt this Agreement to any party other than Consultant. 2 18. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis. 3 18. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or or paragraph thereof, as the paragraph thereof at the head of which it appears, the section case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution( s). 4 18. The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of or condition herein any subsequent breach of the same or any other term, covenant contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing. 5 18. Consultant shall not be liable for any failure to perform if Consultant presents acceptable s sole judgment that such failure was due to causes beyond the control evidence, in City' and without the fault or negligence of Consultant. Initials: ( City) Contractor) Or Page 10 of 26 v. 7. 0 Last Update: 05/ ( 04/ 22) Professional Services Agreement Providing for Payment of Prevailing Wages MNS Engineers, Inc. City of Calabasas// 6 18. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable and actual court costs, including accountants' fees, if any, and attorneys' fees expended in such action. The venue for any litigation shall be Los Angeles County, California. 7 18. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 8 18. This Agreement shall be governed and construed in accordance with the laws of the State of California. 9 18. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant. 10 18. This Agreement is further subject to the provisions of Article 1. 5 ( commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $ 000. 375, Article 5 1. mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the of Article 5 1. as though fully set forth herein. provisions 11 18. This Agreement is further subject to the provisions of California Public Contracts Code § 6109 which prohibits the Consultant from performing work on this project with a subcontractor who to perform work on the project pursuant to §§ 1777. or Initials: ( City) Contractor) 12 i sineligible Page 11 of 26 v. 7. 0 Last Update: 05/ ( 04/ 22) Professional Services Agreement Providing for Payment of Prevailing Wages City of Calabasas// MNS Engineers, Inc. 7 of the Labor Code. 1777. May 07, 2025 Item # 18 LA County Calabasas City Council 68191bf9433a47b759933874
May 07, 2025 Item 5 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE termination fees; security deposits not returned by If hired " autos" are covered " autos" for Liability the lessor; costs for extended warranties, credit Coverage and if Comprehensive, Specified life Insurance, health, accident or disability Causes of Loss, or Collision coverages are insurance purchased with the loan or lease; and provided under this Coverage Form for any " auto" over carry- balances from previous loans or you own, then the Physical Damage Coverages leases. provided are extended to " autos" you hire or 8. AIRBAG COVERAGE borrow, subject to the following limit. Under Paragraph B. EXCLUSIONS - of SECTION The most we will pay for " loss"to any hired " auto" III - PHYSICAL DAMAGE the COVERAGE, is: following is added: 1) $100, 000; The exclusion relating to mechanical breakdown 2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the " loss"; or airbag. 3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs 4 - B. deductible will be equal to the largest deductible EXCLUSIONS - of SECTION III - PHYSICAL applicable to any owned " auto" for that coverage. DAMAGE COVERAGE are replaced by the No deductible applies to " loss" caused by fire or following: lightning. Hired Auto Physical Damage coverage Exclusions c. and 4. d. do 4. not apply to is excess over any other collectible insurance. equipment designed to be operated solely by Subject to the above limit, deductible and excess use of the power from the " s" auto' electrical provisions, we will provide coverage equal to the system that, at the time of " loss",is: broadest coverage applicable to any covered auto" you own. 1) Permanently installed in or upon the covered " auto"; We will also cover loss of use of the hired " auto" if 2) Removable from a housing unit which is it results from an " accident", you are legally liable permanently installed in or upon the and the lessor incurs an actual financial loss, covered " auto"; subject to a maximum of $ 1000 per " accident". Thisextension of coverage does not apply to any 3) An integral part of the same unit housing auto" you hire or borrow from any of your any electronic equipment described in employees", partners ( if you are a partnership), Paragraphs ( 1)and ( 2)above; or members ( if you are a limited liability company), 4) Necessary for the normal operation of the or members of their households. covered " auto" or the monitoring of the DAMAGE - ADDITIONAL covered " auto' s" operating system. May 07, 2025 Item # 5 LA County Calabasas City Council 68191bf9433a47b75993386d
May 07, 2025 Item 6 6. PHYSICAL TEMPORARY TRANSPORTATION EXPENSE b. Section 111, PhysicalDamage Coverage, Limit COVERAGE of Insurance, Paragraph C. 2.is amended to add the following: Paragraph a. 4. A. of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to provide a 1, 500 is the most we will pay for " loss" in limit of $ 50 per day and a maximum limit of any one " accident" to all electronic equipment 000. 1, other than equipment designed solely for the May 07, 2025 Item # 6 LA County Calabasas City Council 68191bf9433a47b75993386a
May 07, 2025 Item 7 7. Los Angeles County Public Works Consolidated Sewer Maintenance District (CSMD) Proposed 2025 Rate Increase Recommendation: Receive a presentation from the Los Angeles County Public Works Consolidated Sewer Maintenance District (CSMD). May 07, 2025 Item # 7 LA County Calabasas City Council 68191bf9433a47b759933867
May 07, 2025 Item 8 8. RELATIONSHIP OF PARTIES Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant' s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. May 07, 2025 Item # 8 LA County Calabasas City Council 68191bf9433a47b759933877
May 07, 2025 Item 9 9. CONFIDENTIALITY data, documents, discussion, or other information developed or received by Consultant or All provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement. May 07, 2025 Item # 9 LA County Calabasas City Council 68191bf9433a47b759933878