2017-02-21 CC Meeting Agenda - Arcadia - City of Arcadia

CITY OF ARCADIA City Council Regular Meeting Agenda

Tuesday, February 21, 2017, 6:00 p.m. Location: City Council Conference Room 240 W. Huntington Drive, Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

CALL TO ORDER ROLL CALL OF CITY COUNCIL MEMBERS Tom Beck, Mayor Peter Amundson, Mayor Pro Tem Roger Chandler, Council Member Sho Tay, Council Member April A. Verlato, Council Member PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. CLOSED SESSION a.

Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Administrative Services Director Hue Quach, and Assistant City Manager/Development Services Director Jason Kruckeberg. Employee Organizations: Arcadia Public Works Employees Association, Arcadia Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers’ Association, Arcadia Firefighters’ Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees.

Regular Meeting City Council Chamber, 7:00 p.m. CALL TO ORDER INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Tom Beck, Mayor Peter Amundson, Mayor Pro Tem Roger Chandler, Council Member Sho Tay, Council Member April A. Verlato, Council Member REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. 1.

Presentation by the Arcadia Chinese Association of gift certificates to City employees in appreciation of staff’s efforts.

PUBLIC HEARING

Any person wishing to speak before the City Council on a public hearing item is asked to complete a Speaker Card noting the agenda item number and provide it to the City Clerk prior to the start of the public hearing. Separate and apart from the applicant (who may speak longer in the discretion of the City Council) each speaker is limited to five (5) minutes per person unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. The applicant may additionally submit rebuttal comments, in the discretion of the City Council. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. a.

Direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties located in the City of Arcadia, and approve the Annual Weed Abatement Property list. Recommended Action: Approve

PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) 2.

CONSENT CALENDAR

All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that a specific item be removed from the Consent Calendar for separate discussion and action. a.

Special Meeting Minutes of February 1, 2017, and Regular Meeting Minutes of February 7, 2017. Recommended Action: Approve

b.

Resolution No. 7154 denying the applicant’s appeal of Planning Commission Resolution No. 1970, and denying Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 for the revised proposal for a new wireless communication facility housed in a 53’-0” tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. Recommended Action: Adopt

c.

Contract with All American Asphalt for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue and Sixth Avenue in the amount of $1,077,700. Recommended Action: Approve

d.

Purchase Order with National Auto Fleet Group for the purchase of one 2017 Freightliner M2 CNG heavy duty dump truck in the amount of $181,273.60. Recommended Action: Approve

e.

Purchase Order with Rotolo Chevrolet, Inc. for the purchase of one 2017 Chevrolet Volt Hybrid vehicle in the amount of $33,715.24. Recommended Action: Approve

f.

Accept all work performed by Nobest Inc. for the Baldwin Avenue and Duarte Road intersection improvements as complete. Recommended Action: Approve

g.

Professional Services Agreement with Animal Pest Management Services, Inc. for Coyote Trapping Services in an amount not to exceed $15,000. Recommended Action: Approve

ADJOURNMENT The City Council will adjourn this meeting to March 7, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

Welcome to the Arcadia City Council Meeting! The City Council encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the City Council are held on the first and third Tuesday of each month at 7:00 p.m. in City Council Chambers. A full City Council agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCa.gov. Copies of individual Agenda Reports are available via email upon request ([email protected]). Documents distributed to a majority of the City Council after the posting of this agenda will be available for review at the Office of the City Clerk, 240 W. Huntington Drive, Arcadia, California. Live broadcasts and replays of the City Council Meetings are on cable television. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks. Where possible, please submit a Speaker Card to the City Clerk prior to your comments, or simply come to the podium when the Mayor asks for those who wish to speak, and state your name and address (optional) for the record. Please provide the City Clerk with a copy of any written materials used in your address to the City Council as well as 10 copies of any printed materials you would like distributed to the City Council. The use of City equipment for presentations is not permitted. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the City Council; however, the Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the City Council. By State law, the City Council may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response or will be placed on the agenda of a future meeting. MATTERS ON THE AGENDA should be addressed when the City Council considers that item. Please indicate the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from the applicant (who may speak longer in the discretion of the City Council), speakers shall be limited to five (5) minutes per person. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. The applicant may additionally submit rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the City Council. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the City Council can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion on these items unless a member of the City Council, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, shall serve as the Sergeant-at-Arms of the City Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section.

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Dominic Lazzaretto, City Manager By: Lisa Mussenden, Chief Deputy City Clerk/Records Manager

SUBJECT: DIRECT THE LOS ANGELES COUNTY AGRICULTURAL COMMISSIONER TO ABATE NUISANCES UPON THOSE PROPERTIES LOCATED IN THE CITY OF ARCADIA AND APPROVE THE ANNUAL WEED ABATEMENT PROPERTY LIST Recommendation: Approve SUMMARY On February 7, 2017, the City Council adopted Resolution No. 7163 declaring its intent to abate weeds, brush, rubbish and refuse from various private properties within the City, and scheduled February 21, 2017, as the time and place to hear objections from the owners of such properties to the proposed removal of flammable and otherwise noxious material. As required by the California Government Code, the Los Angeles County Agricultural Commissioner (“County”) mailed public hearing notices to all affected property owners. The attached list (Appendix “A”) identifies the properties requiring weed abatement by street address, or the general location, if a street number has not been assigned. Representatives from the Los Angeles County Architectural Commissioner office will be present to address questions the City Council may have regarding this matter. ENVIRONMENTAL IMPACT This action does not require an environmental determination, as it is not considered a project under the California Environmental Quality Act (“CEQA”).

Public Hearing regarding County Weed Abatement February 21, 2017 Page 2 of 2

FISCAL IMPACT There is no fiscal impact to the General Fund as a result of the County abating and removing nuisances from those properties located in the City of Arcadia. Fees for abatement are assessed directly to the property owner by the County. RECOMMENDATION It is recommended that the City Council direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties located in the City of Arcadia, and approve the Annual Weed Abatement Property List.

Attachment: Appendix “A” – County Declaration Property List

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Minutes

ARCADIA CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, FEBRUARY 1, 2017

CALL TO ORDER - Mayor Beck called the Special Meeting to order at 8:10 a.m. PUBLIC COMMENTS - No one appeared. City Manager Lazzaretto explained the purpose of the Special Meeting, and at his request, each Council Member provided their top issues for discussion as follows: Council Member Chandler – crime, labor negotiations, and housing standards Mayor Pro Tem Amundson – crime, budget, and One Arcadia Council Member Verlato – crime, transit, historic preservation, and reduction of the UUT Council Member Tay – crime, One Arcadia, and transit Mayor Beck – crime, One Arcadia, historic preservation, transit, and City Hall hours City Manager Lazzaretto noted that his definition of One Arcadia is that Arcadia be one cohesive community, and not divided. At the request of City Manager Lazzaretto, the City Council provided their thoughts on biggest changes they see coming to the City in the next 18 months. Council Member Chandler expressed concerns regarding Proposition 109 and Proposition 57, and crime. Mayor Beck expressed concerns regarding money not coming out of China to purchase residential homes which will have an effect on Arcadia. Council Member Verlato noted commercial development in Arcadia. Mayor Beck feels that there will be more development around the Gold Line Station. Mayor Pro Tem Amundson feels that Sacramento is more intrusion regarding to cities. Assistant City Manager/Development Services Director Kruckeberg noted a push on different housing types including transitional housing that addresses the homeless. Administrative Services Director Quach indicated that in the next year, 48 employees are able to retire, and in the next 5 years, 78 in total, or 25% of the workforce, can retire. Transit Options Assistant City Manager/Development Services Director Kruckeberg provided a report and PowerPoint presentation regarding Arcadia Transit (Dial-A-Ride) and the Fixed-Route service. Gail Marshall, Jolly Wu, Michelle Scatchard, and Rona Poli, appeared and expressed their concerns and frustrations with the fixed-route system and Dial-A-Ride.

After discussion, it was the consensus of the City Council to: (i) restrict Dial-A-Ride to Arcadia residents only following outreach and adequate notice; (ii) Dial-A-Ride to stay in the City limits; (iii) primary goal of Dial-A-Ride should be focused for seniors and the disabled; (iv) keep the Green Line; (v) service provider to provide high level of dispatch customer service, ensure safety of passengers and proper training of drivers; (vi) more advertisement of the Blue/Red Line; (vi) continue Red/Blue Line service until the summer, and evaluate options to reduce Red/Blue Line service or modify service after full year of operation; (vii) reduce limits of the Red/Blue Line to allow at least one bus to be removed from the system to be made available for additional Dial-A-Ride service; and (viii) hold off on the purchase of a smartphone app for the fixed-route until more is known about the long-term outlook of the system. The City Council recessed at 10:00 a.m., and reconvened at 10:06 a.m. Historical Preservation Options Assistant City Manager/Development Services Director Kruckeberg provided a report and PowerPoint presentation regarding the historic resources survey. Katie Horak of Architectural Resources Group, who worked on the historic survey, was present to address questions raised. After discussion, it was the consensus of the City Council to: (i) proceed with a Historic Preservation ordinance; (ii) incorporate state, federal, and local criteria; (iii) participate in the Mills Act program; (iv) owner consent required for listing; (v) require 75% homeowner approval for district formation; (vi) the Planning Commission will act as the historic advisory review board; and (vii) use Architectural Resources Group to prepare the ordinance for City Council consideration. Closed Session At 11:10 a.m., the City Manager Lazzaretto announced that pursuant to Government Code Section 54956.9(d)(2), the City Council will go into Closed Session to confer with legal counsel regarding anticipated litigation regarding – one (1) case, and that the anticipated litigation is regarding district based elections. No reportable action was taken. Closed Session ended at 12:10 p.m. Budget/Financial Status Administrative Services Director Quach provided a report and PowerPoint presentation regarding a Mid-Year Budget review of the Fiscal Year 2016-17 budget; he explained the FY 2015-16 beginning and ending fund balances as well as FY 2015-16 expenditure and revenue variances, and provided a FY 2016-17 mid-year budget review of beginning fund balances, expenditure and revenue projections. He stated that no adjustments were necessary at this time. No action was taken or requested.

Crime Police Chief Guthrie provided a report and PowerPoint presentation regarding crime statistics over the past 15 years; he reported on overall crimes and arrests, and felony arrests per year; he provided an overview of accomplishments which enhanced effectiveness and capabilities in the Police Department; and provided an overview of personnel and personnel budget. After discussion, it was the consensus of the City Council to: (i) continue with public outreach regarding crime; and (ii) add an additional $100,000 to the Police Department Overtime Budget to keep an extra officer on the street on key days and bring back if necessary if additional money is needed. Closed Session At 2:05 p.m., the City Manager Lazzaretto announced that pursuant to Government Code Section 54957.6, the City Council will go into Closed Session to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager/Development Services Director Jason Kruckeberg, and Administrative Services Director Hue Quach. Employee Organizations: Arcadia Public Works Employees Association, Arcadia Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers’ Association; Arcadia Firefighters’ Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees. No reportable action was taken. Closed Session ended at 3:20 p.m. One Arcadia City Manager Lazzaretto introduced the item and asked the City Council for their ideas for engaging Chinese residents and ensuring a vibrant, multi-cultural community. After discussion, it was the consensus of the City Council to: (i) reach out to the Chinese community to enhance voter participation; (ii) Police Department to reach out to the High School Chinese Booster Club regarding drug outreach; and (iii) award cash bonuses totaling $1,000 to the top three employees who come up with the best ideas on how to reach out to the Chinese community to get them more involved in the community. Tucker Bill Update Assistant to the City Manager Bruckner indicated that the City’s lobbyist has submitted a spot Bill to the Office of Legislative Counsel; they have meet with legislators who represent Arcadia, and reported that they have received a call from Assemblyman Dr. Ed Chau’s office indicating that they were 90-95% interested in being the author of the Bill. After discussion, City Manager Lazzaretto encouraged the City Council to feel free to reach out to state and local legislators who represent Arcadia to let them know that this is an issue facing Arcadia. No action was taken or requested.

Legal Affairs Sub-Committee Update Mayor Beck advised the City Council that the Legal Affairs Sub-Committee solicited resumes and interviewed four attorney firms to possibly represent the City in litigation; he explained the reason and purpose of expanding the City’s attorney list; and indicated that the City would continue to retain the law firm of Carpenter Rothans & Dumont, especially to handle police related cases, and the City Attorney’s firm of Best Best & Krieger. No action was taken or requested. City Hall Hours Mayor Beck indicated that he would like to see City Hall open every Friday. After discussion, it was the consensus of the City Council that City Hall hours remain the same. Biannual Study Sessions with HOA’s Council Member Verlato indicated that she would like to see biannual study session meetings with the five homeowner association presidents and architectural review board chairpersons to check in with them to see what issues they are experiencing and answer questions they may have regarding processes. After discussion, it was the consensus of the City Council that biannual study session meetings be scheduled jointly with the five homeowner association presidents and architectural review board chairpersons to address issues they may be experiencing and answer questions. UUT Council Member Verlato indicated that she would like to see the Utility Users Tax (UUT) reduced one-half percent (1/2%) every year or every other year until they are all reduced to 5%. It was the consensus of the City Council to keep the UUT at present levels. Future of Housing Standards Council Member Chandler commented on the impact of future housing standards in Arcadia and floor area ratio in non-homeowner association areas. No action was taken or requested. Resolution No. 6770 Assistant City Manager/Development Services Director Kruckeberg indicated that in this year’s budget is the next phase of design review which will be updating the Design Guidelines and updating Resolution No. 6770; and that the RFP is in the process of being prepared. No further action was taken or requested.

Baldwin Streetscape Project Update Assistant City Manager/Development Services Director Kruckeberg provided an update on the Baldwin Avenue Parkway Maintenance project; he reported that 59 mature ficus trees will be removed and replaced, damaged sidewalk will be removed and replaced, new sidewalk where none exists will be added, noncompliant corner ramps and ADA driveways will be replaced, and he provided a cost estimate summary of the project. After discussion, it was the consensus of the City Council to move forward with the project. Other Business Council Member Verlato briefly went over Roger Nemrava’s email to the City Council. In response to a question raised in Roger Nemrava’s email regarding having translators available at every City Council meeting, City Manager Lazzaretto responded that, in his opinion, it would be a waste of City resources to have a translator at every City Council meeting, as speakers generally bring their own translators when needed. No other discussion or action was taken. City Manager Lazzaretto indicated that the Recreation Master Plan item will be scheduled for a future City Council study session. Lobbyist for Water/NPDES Grant City Manager Lazzaretto indicated that the City has a $20 million federal grant earmark with the City of Sierra Madre for water improvement projects, and that the City will be using Best Best & Krieger’s lobbyist to get the money released in order to do the Peck Park project. No action was taken or requested. There being no further business, the Special Meeting ended at 5:15 p.m.

ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, FEBRUARY 7, 2017 CALL TO ORDER – Mayor Beck called the regular and special meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Amundson, Chandler, Tay, Verlato, and Beck None

PUBLIC COMMENTS - No one appeared. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel regarding the Worker’s Compensation case of Deborah Cuddihy. b. Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding potential litigation – one (1) case. No reportable action was taken on the Closed Session items. The Closed Session ended at 6:57 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Beck called the regular meeting to order at 7:01 p.m. INVOCATION – First Reader Kristen Bennett, First Church of Christ PLEDGE OF ALLEGIANCE – Arcadia Boy Scouts, Troop 104 ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Amundson, Chandler, Tay, Verlato, and Beck None

REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Closed Session to consider the one item listed on the posted agenda under Closed Session, no reportable action was taken; and also the City Council conducted a Special Meeting in order to conduct a Closed Session to consider the one item listed on the Special Meeting notice; he indicated that it related to anticipated litigation regarding Public Hearing item 1.a, and no reportable action taken.

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SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto reported the four supplemental items which have been distributed to the City Council prior to the meeting. The first three items related to Public Hearing item 1.a -(1) an e-mail from Arcadians Against Residential Towers regarding information they feel is missing from the staff report; (2) a letter from South Coast Air Quality Management District regarding emissions from the proposed generator on the site; and (3) a duplicate of Attachment No. 20 (already part of the staff report) from the Applicant. The fourth item was regarding City Manager item 3.a, an e-mail from Arcadia residents Gary and Cindy Forillo, requesting the City Council consider coyote trapping. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Tay, seconded by Council Member Chandler, to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. 1.

Presentation of Mayor’s Certificate of Commendation to long-time resident Carol Libby for her many years of dedicated service to the City of Arcadia.

PUBLIC HEARING a.

Appeal of the Planning Commission denial of Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 for the revised proposal for a new wireless communication facility housed in a 53’-0” tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. (Continued from the November 15, 2016, and January 17, 2017, meeting). Resolution No. 7154 approving Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) for the revised proposal for a new wireless communication facility housed in a 53’-0” tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. Recommended Action: Adopt Resolution No. 7154 Granting the Appeal and Approving the Applications

Community Development Administrator Kasama presented the staff report. Attorney Gail Karish, of the City Attorney office from Best, Best and Krieger, addressed the timelines for action of Verizon’s appeal and waiver request. Doug Dickenson, from Commvergent Technologies, appeared and addressed questions regarding the Consultant’s Review Report of the Waiver Request.

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Paul Albritton, attorney for Applicant, Verizon Wireless, appeared and explained the reasons why the City Council should approve the proposed wireless communication facility. Radio Frequency Engineers, appeared on behalf of Verizon to explain the design of proposed bell tower. Dr. Jerald T. Bushberg, on behalf of Verizon, appeared and addressed questions regarding the Radio Frequency Emissions report. Mayor Beck opened the public hearing. Reverend Julie Bryant, Director of The Church of the Transfiguration, appeared and expressed their support regarding the proposed wireless communication facility. Katy Mui, representing Arcadians Against Residential Towers, appeared and explained why they are opposed to the proposed cell tower and urged the City Council to uphold the Planning Commission’s decision to deny Verizon’s proposal for a new wireless communication facility. Dr. Charles Millner, an Arcadia resident, appeared and expressed his support of the proposed cell tower; and explained why the City Council should approve the proposed wireless communication facility. Gary Schwarz, an Arcadia resident, appeared and stated that Arcadians Against Residential Towers will provide the City Council with substantial evidence in an effort to deny Verizon’s application. Rachel Lin, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and expressed the reasons why the Verizon cell tower is not needed; and indicated that Verizon has not proven that there is a significant gap as they claim. William Lee, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and stated that Verizon’s data proves that there is great cell phone coverage in and around the site of the proposed cell tower; he referred to data on the Verizon website and indicated that this is the reason why the cell tower is not necessary. Mark Xiong, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and also stated that Verizon’s evidence does not support their claims that there is a significant gap; and explained the reasons why he is against the proposed cell tower. Kent Lai, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and expressed his concerns for the safety of his daughter, the school children, teachers and staff at the preschool located at the proposed cell tower site; and stated that the cell tower would not aesthetically fit in their neighborhood. Carol Bush introduced Kendrick Moore, a third grade student at Arcadia Christian Elementary School, who expressed his concerns for his classmates, his sister, and the students attending the preschool next to the proposed cell tower site; and asked the City Council not to approve the installation of the Verizon cell tower.

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Carol Bush, a local realtor and board member at Arcadia Christian School, appeared and expressed her concerns regarding the location of the proposed Verizon cell tower; and asked the City Council to consider creating setback zones, fall zones, or relocating the proposed cell tower. Debbie Priester, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and explained the why she is against the proposed Verizon cell tower; she stated that Verizon must comply with all five CUP requirements, but failed to comply with three of the five CUP requirements; and urged the City Council to deny Verizon’s waiver request. Clement Ho, an Arcadia resident and representative of Arcadians Against Residential Towers, also appeared and explained the reasons why the City Council should deny Verizon’s waiver request. Eli Tsou, an Arcadia resident, appeared and explained why the Verizon cell tower is unnecessary; he stated that he questions Verizon’s claims of a significant gap; and that there is no issue with cell phone coverage in the vicinity of the proposed cell tower. Edward Mui, an Arcadia resident, appeared and urged the City Council to deny Verizon’s request; he requested the City Council to consider small cell coverage to fill the supposed gap; and stated that Verizon’s analysis is inadequate, inaccurate, inconsistent, misleading, and the most intrusive of all options. Steve Rhee, an Arcadia resident, appeared and provided the City Council with pictures of cell towers placed at a middle school near a preschool his children attended; and expressed his concerns against the Verizon cell tower, and accused Verizon of misleading the people. Miriam Bachmeier, an Arcadia resident, appeared and provided her reasons why the proposed cell tower should be denied; and expressed concerns over the size and possible growth over time. Vincent Cheng, an Arcadia resident, appeared and explained the why he is against the construction of the proposed cell tower; he stated that Verizon’s application misrepresents the height of the cell tower in the photo simulation; and urged the City Council to deny their request. Amy Liu, an Arcadia resident, appeared and also explained the reasons why she is opposed to the construction of the proposed cell tower; she stated three areas of concern are the aesthetics, the noise level of the generator, and commercial equipment in a residential area; and urged the City Council to deny Verizon cell tower project. Mimi Quan, an Arcadia resident, appeared and expressed her concerns regarding the open roof of the proposed cell tower and the building materials proposed to be used to construct the bell tower; she indicated that the open roof would allow room for growth; and urged the City Council to deny the request. Eric Choi, an Arcadia resident, appeared and explained the reasons why the cell tower would affect property values in the area; and he urged the City Council to respect the wishes of the residents and deny the location of the proposed cell tower.

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Susanna Chung, an Arcadia resident, appeared and read a letter from Henry Ray, a realtor, which expressed concern on the impact of home sales in the surrounding neighborhoods near the cell tower, and the potential decline in property values; and urged the City Council on behalf of Arcadia citizens to deny the request. Becky Bryant, an Arcadia resident, appeared and stated that property values will greatly diminish due to the aesthetics and potential health risks due to the installation of the proposed cell tower; she indicated the need for the cell tower in order to connect 9-1-1 calls is a misperception; and urged the City Council to deny Verizon’s request. Erika Chi, an Arcadia resident and representative of Arcadians Against Residential Towers, appeared and submitted a petition signed by 90 members of Arcadians Against Residential Towers who oppose the proposed cell tower; she provided the reasons why they are against the cell tower and urged the City Council to deny the request. Ken Obst, an Arcadia resident, appeared and indicated that the cell tower would be a monstrosity and intrusive to the neighborhood; and explained the reasons why the City Council should not approve the waiver. James Helms, former Mayor and Arcadia resident, appeared and expressed his support of the cell tower; he shared a personal experience that occurred with his neighbor when she tried to call 9-1-1 and the call would not be connected to the Police Department; he expressed the importance of having a cell tower in his area and the reasons why the proposed cell tower should be approved. Shirley Thomas, an Arcadia resident, appeared and explained the reasons why she is opposed to the proposed cell tower; that she lives behind the Church, and has never had an issue with cell phone coverage in the area. Mr. Albritton, attorney representing Verizon, appeared and responded to comments made by the public speakers; he responded to questions raised by Mayor Beck regarding the strength of the cell tower, the generator, and the type of materials proposed to be used. City Manager Lazzaretto asked Mr. Albritton to respond to the comment made by the speaker who stated Verizon unfairly looked at an unreasonably small area for alternative sites. In response to City Manager Lazzaretto’s request, Mr. Albritton explained the process of how the Engineers determined the location of the proposed cell tower site. In response to Council Member Verlato’s question regarding sufficient parking spaces at the Church, Community Development Administrator Kasama responded that there are sufficient parking spaces and that the parking lot would be in compliance with ADA requirements. In response to a question raised by Council Member Verlato regarding the significant gap and difference in data and voice service, Attorney Karish responded that Verizon records prove there is a significant gap in data streaming, not voice service. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objection, Mayor Beck declared the public hearing closed.

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It was moved by Mayor Pro Tem Amundson, seconded by Council Member Verlato, and carried on roll call vote that staff bring back to the next regular City Council meeting of February 21, 2017, for consideration, Resolution No. 7154 to include findings based on fact to deny the application and deny the appeal. AYES: NOES: ABSENT:

Amundson, Verlato, Tay, and Beck Chandler None

PUBLIC COMMENTS Jennifer Lu, an Arcadia resident, appeared and stated that she received a letter from the City asking her to trim the shrubs on her driveway; she indicated the shrubs are there to prevent lost/stolen packages, and shared an incident that occurred with the loss of two iPhones; and asked the City Council for guidance and suggested a six foot tall fence as a possible solution. City Manager Lazzaretto referred Ms. Lu to Deputy Development Services Director/City Engineer Wray. Joanne Foon, an Arcadia resident, who left the meeting due to the time, but provided a letter requesting the City Council explore the possibility of become a “sanctuary city.” Due to the time, Mayor Beck moved City Manager item 3.a regarding coyotes to be discussed at this time, then reports from the City Council, and then Consent Calendar. 3.

CITY MANAGER a.

Report, discussion and direction regarding coyotes in residential neighborhoods. Recommended Action: Provide Direction to continue public education and outreach efforts

City Manager Lazzaretto presented the staff report. Linda Semain, a resident of the Santa Oaks Homeowner Association, appeared and expressed her concerns regarding the coyote problem in her neighborhood, including the safety of dogs, and her grandchildren; and urged the City Council to take action before a child is injured. Donna Perez, an Arcadia resident, appeared and also expressed her concerns regarding the coyote problem; she shared an incident that occurred when a coyote attacked her small dog; she provided statistics regarding coyote attacks in Southern California; and also urged the City Council to take action before a child is injured. Gordon Penharlow, an Arcadia resident, also appeared and expressed his concerns regarding the coyotes and the safety of the community, his neighborhood, and his grandchildren; and requested help from the City. Kenneth Mar, an Arcadia resident, also appeared and expressed his concerns regarding the growing coyote population; he indicated that he no longer allows his dogs loose in the backyard; he shared his concerns for his neighborhood and the community; and asked the City Council for their support and action regarding the growing problem with coyotes.

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02-07-2017

Debbie Priester, an Arcadia resident, also appeared and shared her concerns and experience with the coyotes; and urged the City Council to take some action. Rachel Lynn, an Arcadia resident, appeared and expressed the same concerns of the other speakers regarding the coyote problem; she indicated that the coyotes are living comfortably in vacant homes and vacant lots; and urged the City to address their concerns immediately. Julie Bank, a representative of the Pasadena Humane Society & SPCA, appeared and discussed the coyote problem in all surrounding cities; and indicated that they are prepared and committed to meet and educate residents on how to co-exist with coyotes. In response to a question raised by Council Member Verlato regarding coyotes living in vacant homes; Ms. Bank provided information regarding the deterrence of coyotes in vacant homes, and offered the services of the Pasadena Humane Society to work with residents and the City to try and address those issues. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to appropriate $20,000 every year in the budget for coyote trapping, and continued public education and outreach; and directed staff to prepare an ordinance which grants access to vacant properties to inspect for wildlife and other issues. YES: NOES: ABSENT:

Chandler, Tay, Verlato, Amundson, and Beck None None

REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) Mayor Pro Tem Amundson had no comments. Council Member Chandler reported that burglaries have been on the rise since Proposition 47 passed and referenced a newspaper article wherein the City of Whittier has also reported a rise in crime since the passing of Proposition 47; he stated that burglaries and coyotes are a serious issue in Arcadia and indicated that he would like to see an article in the next newsletter regarding crime in Arcadia. Council Member Verlato announced that on Saturday she attended an amazing performance at the Arcadia Performing Arts Center, that Steve Tyrrel will be performing in May, and encouraged everyone to attend; she also announced that on Sunday she presented four Cub Scouts with the Supernova Award and a Mayor’s Certificate of Commendation; she also attended the Tzu Chi New Year Blessing event with Council Member Tay and commented on some of the activities and entertainment at the event; and noted that the School District election is coming up and encouraged everyone to vote Yes on Measure A. Council Member Tay noted that he received a phone call from an individual complimenting the Public Works Services Department staff for their efficiency, and thanked Public Works Services Director Tom Tait and the staff for their quick response in resolving the issue; he announced that on February 1, he attended the City Council Goal Setting workshop, and expressed the need for more participation from the residents; he indicated that he enjoyed the Tzu Chi New Year Blessing event he attended with Council Member Verlato; and announced that on February 8, is Coffee with a Cop at the Arcadia Elks Lodge.

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02-07-2017

City Clerk Glasco had no comments. Mayor Beck had no comments. 2.

CONSENT CALENDAR a.

Regular Meeting Minutes of January 17, 2017. Recommended Action: Approve

b.

Purchase Order with National Auto Fleet Group for the purchase of one 2017 Ford CNG F-550 heavy duty stake bed truck in the amount of $101,759.82. Recommended Action: Approve

c.

Resolution No. 7163 declaring that weeds, brush, rubbish, and refuse upon or in front of specified property in the City are a seasonal and recurrent public nuisance, and declaring an intention to provide for the abatement thereof. Recommended Action: Adopt

It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 2.a through 2.c. AYES: NOES: ABSENT:

Chandler, Tay, Verlato, Amundson, and Beck None None

ADJOURNMENT Mayor Beck adjourned this meeting at 1:18 a.m. in memory of longtime Arcadia resident William Joseph Zeutzius to February 21, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

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02-07-2017

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director By: Jim Kasama, Community Development Administrator

SUBJECT: RESOLUTION NO. 7154 DENYING THE APPLICANT’S APPEAL OF PLANNING COMMISSION RESOLUTION NO. 1970, AND DENYING CONDITIONAL USE PERMIT NO. CUP 15-03, ARCHITECTURAL DESIGN REVIEW NO. ADR 15-06, AND WIRELESS REGULATION WAIVER REQUEST NO. W 15-01 FOR THE REVISED PROPOSAL FOR A NEW WIRELESS COMMUNICATION FACILITY HOUSED IN A 53’-0” TALL, FAUX BELL TOWER STRUCTURE IN THE SOUTHEASTERLY PORTION OF THE PARKING LOT AT THE CHURCH OF THE TRANSFIGURATION PROPERTY AT 1881 SOUTH FIRST AVENUE Recommendation: Adopt SUMMARY At their regular meeting on February 7, 2017, the City Council concluded a public hearing and, on a 4-1 vote with Council Member Chandler dissenting, directed staff to prepare the attached Resolution No. 7154 for the denial of the appeal of the Planning Commission denial of Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 for the revised proposal for a new wireless communication facility housed in a 53’-0” tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue. The February 7, 2017, City Council staff report, including attachments, and additional material presented during the hearing, are available on the City’s website through this link: https://www.arcadiaca.gov/government/city-departments/developmentservices/planning/current-significant-projects.

RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7154 denying the applicant’s appeal of Planning Commission Resolution No. 1970, and denying Conditional Use Permit No. CUP 15-03, Architectural Design Review No. ADR 15-06, and Wireless Regulation Waiver Request No. W 15-01 for the revised proposal for a new wireless communication facility housed in a 53’-0” tall, faux bell tower structure in the southeasterly portion of the parking lot at The Church of the Transfiguration property at 1881 South First Avenue.

Attachment:

Resolution No. 7154

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Tom Tait, Public Works Services Director

SUBJECT: CONTRACT WITH ALL AMERICAN ASPHALT FOR THE PAVEMENT REHABILITATION PROJECT ON LEMON AVENUE, CAMINO REAL AVENUE, AND SIXTH AVENUE IN THE AMOUNT OF $1,077,700 Recommendation: Approve SUMMARY As part of the City’s Pavement Management Program, the Public Works Services Department (“PWSD”) is preparing to rehabilitate the asphalt pavement on Lemon Avenue between Baldwin Avenue and Holly Avenue, Camino Real Avenue between El Monte Avenue and Santa Anita Avenue, and Sixth Avenue from Camino Real Avenue to Live Oak Avenue. To ensure that the City is receiving the most competitive prices and quality service for this work, the PWSD conducted a formal bid. All American Asphalt submitted the lowest responsive bid. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with All American Asphalt for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue, and Sixth Avenue in the amount of $1,077,700. BACKGROUND The PWSD is responsible for the maintenance and repair of approximately 147 miles of paved streets within the City. As part of the City’s Pavement Management Program, the conditions of all City streets were inspected and rated on a scale of 0-100, with scores below 40 generally being considered a street which has failed. Scores between 40 and 60 are poor/fair in nature. This rating is called the Pavement Condition Index (“PCI”) and is used to help determine which streets require asphalt pavement rehabilitation. According to the Citywide Pavement Management Program, the street section of Lemon Avenue between Baldwin Avenue and Holly Avenue has a PCI of 56, Camino Real Avenue between El Monte Avenue and Santa Anita Avenue has a PCI of 62, and Sixth Avenue from Camino Real Avenue to Longden Avenue has a PCI rating of 27. PCIs

Contract for the Pavement Rehabilitation Program February 21, 2017 Page 2 of 3

alone do not determine which streets should be rehabilitated; for instance, the City also takes into consideration streets that have a high volume of traffic. Additionally, it is more cost efficient to rehabilitate streets prior to the PCI lowering to poor or very poor condition. A copy of the Project Location Map is attached as Exhibit “A”. DISCUSSION The project involves the repair of any localized potholes and failed pavement, grinding the edges of the pavement adjacent to the gutters to transition the new pavement to the existing gutter, replacing broken curb and gutter as necessary, and installing new ADAcompliant curb ramps at the intersections. The new pavement surface will utilize recycled rubber in the pavement mix to help reduce future cracking and to add strength to the asphalt pavement. The rubber in the pavement mixture also reduces road noise. Following the repairs, the condition of these street sections will be raised to a PCI of 100. A Notice Inviting Bids was published in the City’s adjudicated newspaper and bid packages were provided to contractors that perform this type of work. On January 24, 2017, the City Clerk’s office received seven bids with the following results: Rank Bidder 1. All American Asphalt

Location Corona, CA

Bid Amount $1,037,700.00

2.

Sully-Miller Contracting Co.

Brea, CA.

$1,042,020.00

3.

Hardy & Harper, Inc.

Santa Ana, CA

$1,056,000.00

4.

Toro Enterprises Inc.

Oxnard, CA

$1,065,737.75

5.

Excel Paving Co.

Long Beach, CA

$1,108,088.70

6.

Gentry Brothers Inc.

Irwindale, CA

$1,121,366.50

7.

EC Construction

S. El Monte, CA

$1,139,834.73

Bid documents were reviewed for content and the contractor’s background was also investigated. Based on this review, it has been determined that All American Asphalt is the lowest responsive bidder and is qualified to complete the project as defined in the bid documents. All American Asphalt has successfully completed similar projects on time and within budget for several agencies such as the Cities of Monterey Park, Ontario, Newport Beach, and Irvine. Funds in the amount of $1,245,000 are budgeted in this year’s Capital Improvement Program for this work. The bid documents also included alternate bid items for asphalt pavement digouts which will remove rutting at intersections and installation of traffic striping and pavement markers on Camino Real Avenue and El Monte Avenue. The total cost for the alternate bid items is $40,000. The alternate bid items are highly desirable, and the City received

Contract for the Pavement Rehabilitation Program February 21, 2017 Page 3 of 3

favorable bids that allow for these items to be included in the overall project. The total project construction cost is $1,077,700, which includes the total base bid and the alternate bid items. ENVIRONMENTAL ANALYSIS This project is considered a Class 1 exemption as defined in Section 15301(c) of the California Environmental Quality Act since the project consists of the maintenance of existing public streets and does not involve expansion of the existing use of the streets. FISCAL IMPACT Funds in the amount of $1,245,000 have been budgeted in the FY 2016-17 Capital Improvement Program, $750,000 from the Capital Outlay Fund and $500,000 from Measure R Fund. The total cost for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue, and Sixth Avenue is $1,077,700. The total project construction cost includes the total base bid and the alternate bid items. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with All American Asphalt for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue, and Sixth Avenue in the amount of $1,077,700.

Attachments: Exhibit “A” - Project Location Map Proposed Contract

CITY OF ARCADIA

2016/2017 PAVEMENT REHABILITATION PROGRAM LEMON AVENUE / CAMINO REAL AVENUE / SIXTH AVENUE PROJECT NO.: 33854017

CONTRACT

BETWEEN CITY OF ARCADIA AND ALL AMERICAN ASPHALT

(PROJECT NO. 33854017)

CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this _____ day of _________, 20__, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and ALL AMERICAN ASPHALT, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: 2016/2017 Pavement Rehabilitation Program Lemon Avenue / Camino Real Avenue / Sixth Avenue Project No.: 33854017 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2.

TIME FOR COMPLETION.

2.1

The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Ninety (90) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

2.2

Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project.

2.3

The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work (“Contractor Schedule”) to meet City’s overall master project schedule requirements (“Master Schedule”). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice.

2.4

Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise) or any damages or Contract - 1

(PROJECT NO. 33854017)

additional costs or expenses for which the City, the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City, the Engineer or the consultants retained by the City for the Project,, for and indemnify them against all such costs, expenses, damages and liability.

2.5

The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Contract or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor.

2.6

If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE MILLION, SEVENTYSEVEN THOUSAND, SEVEN HUNDRED DOLLARS AND NO CENTS ($1,077,700.00). Payment shall be made as set forth in the General Conditions. ARTICLE 4.

PAYMENTS

4.1

The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.

4.2

The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.

4.3

Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.

4.4

Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.

4.5

Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.

Contract - 2

(PROJECT NO. 33854017)

4.6

The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a.

Stop Notice Claims.

b.

Defective work not remedied.

c.

Failure of Contractor to make proper payments to its subcontractors or suppliers.

d.

Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid.

e.

Damage to another contractor or third party.

f.

Amounts which may be due the City for claims against Contractor.

g.

Failure of Contractor to keep the record (“as-built”) drawings up to date.

h.

Failure to provide updates on the construction schedule.

i.

Site clean-up.

j.

Failure of the Contractor to comply with requirements of the Contract Documents.

k.

Liquated damages.

l.

Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents. ARTICLE 6.

CHANGES AND EXTRA WORK

6.1

The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit “A,” and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

6.2

All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a Contract - 3

(PROJECT NO. 33854017)

dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 6.3

Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.

6.4

Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.

6.5

Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.

6.6

Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City.

6.7

If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

6.8

Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a)

Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

(b)

Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.

Contract - 4

(PROJECT NO. 33854017)

(c)

Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

(d)

Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:

i.

“Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up.

ii.

For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.

iii.

For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.

iv.

For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5%) percent of the Net Cost of the lower tier subcontractor.

v.

No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.

6.9

For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.

6.10

For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.

6.11

Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

6.12

Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

Contract - 5

(PROJECT NO. 33854017)

6.13

If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.

6.14

No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.

6.15

Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. following:

COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the

Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor’s Certificate Regarding Workers’ Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications California Building Codes as defined in the General Conditions Addenda Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

Contract - 6

(PROJECT NO. 33854017)

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. ARTICLE 10. INDEMNIFICATION. 10.1

To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives (“Indemnitees”) from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost, expense and risk, with legal counsel of Indemnitee’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

10.2

The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit.

10.3

Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to Contract - 7

(PROJECT NO. 33854017)

have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor’s obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 10.4

Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement.

10.5

In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers’ compensation laws.

ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA

ALL AMERICAN ASPHALT

By:

By: Dominic Lazzaretto City Manager

Signature Print Name and Title

Attest: By:

By: City Clerk

Signature

Print Name and Title Approved as to Form:

Stephen P. Deitsch City Attorney

Contract - 8

Purchase Heavy Duty Dump Truck February 21, 2017 Page 1 of 2

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Tom Tait, Public Works Services Director By: Dave McVey, General Services Superintendent

SUBJECT: PURCHASE ORDER WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF ONE 2017 FREIGHTLINER M2 CNG HEAVY DUTY DUMP TRUCK IN THE AMOUNT OF $181,273.60 Recommendation: Approve SUMMARY The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of one heavy duty dump truck in the Public Works Services Department (“PWSD”) that meets the criteria for replacement in the Equipment Replacement Program. Using the National Joint Powers Alliance (“NJPA”) cooperative purchasing program enables the City to streamline the process of procuring vehicles and receive the best price possible. It is recommended that the City Council approve a purchase order with National Auto Fleet Group for the purchase of one 2017 Freightliner M2 CNG heavy duty dump truck in the amount of $181,273.60. BACKGROUND The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of one heavy duty dump truck in the Public Works Services Department. The 1992 Chevrolet dump truck has approximately 121,000 miles and is utilized daily by the Department to haul loose material such as sand, gravel, or dirt to and from job sites. The dump truck being replaced meets the mileage and age requirements of the City’s Vehicle Replacement Program. Due to the dump truck’s diesel engine not being compliant, the vehicle is required to be registered with the Air Quality Management District (“AQMD”) as a low usage vehicle. This means the dump truck currently cannot exceed more than 5,000 miles per year. The PWSD has 7 heavy duty vehicles with diesel engines that need to be replaced by 2021. To avoid replacing all of these vehicles in the same year, ones that currently meet the City’s vehicle replacement criteria and also have higher annual mechanical costs are being replaced now.

Purchase Heavy Duty Dump Truck February 21, 2017 Page 2 of 2

DISCUSSION The 1992 Chevrolet dump truck being replaced meets the mileage and age requirements of the City’s Vehicle Replacement Program. Replacing vehicles with CNG fueled vehicles will allow the City to meet the AQMD mandate that requires heavy duty equipment to be replaced with either Tier 4 compliant diesel engines or alternative fuel engines by 2021. The City receives annual grant funding from AQMD, which can be used for the purchase of alternative fuel vehicles that reduce emissions. The new Freightliner M2 CNG heavy duty dump truck meets this AQMD criteria and a portion of the purchase price will be paid with AQMD funding. The California Government Code authorizes public agencies to participate in cooperative purchasing agreements such as those established by the NJPA while still remaining within the City’s adopted rules and procedures for purchasing. By utilizing a cooperative purchasing program, the City is able to streamline the procurement process and purchase this equipment at a lower cost than traditional competitive bidding. To ensure that the City is receiving the best price possible, the PWSD solicited informal quotes from various local dealerships and found that the dump truck offered through the NJPA was approximately $4,000 cheaper in price. The NJPA has awarded a contract to National Auto Fleet Group for passenger cars, light duty, medium duty, and heavy duty trucks with related accessories. The bidding process and the contract with National Auto Fleet Group have been reviewed by the PWSD and it has been determined to meet the City’s procurement requirements. FISCAL IMPACT The 2017 Freightliner M2 CNG heavy duty dump truck total cost is $181,273.60. AQMD funds in the amount of $50,000 will be utilized toward the purchase of the vehicle and additional funds in the amount of $132,000 have been budgeted in the Fiscal Year 2016-17 Equipment Replacement Fund. RECOMMENDATION It is recommended that the City Council approve a purchase order with National Auto Fleet Group for the purchase of one 2017 Freightliner M2 CNG heavy duty dump truck in the amount of $181,273.60.

Purchase of Chevrolet Volt Hybrid Vehicle February 21, 2017 Page 1 of 2

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Tom Tait, Public Works Services Director By: Dave McVey, General Services Superintendent

SUBJECT: PURCHASE ORDER WITH ROTOLO CHEVROLET, INC. FOR THE PURCHASE OF ONE 2017 CHEVROLET VOLT HYBRID VEHICLE IN THE AMOUNT OF $33,715.24 Recommendation: Approve SUMMARY The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of one midsize sedan in the Fire Department. To ensure that the City is receiving the most competitive price for one 2017 Chevrolet Volt hybrid vehicle, a formal bid process was conducted. Rotolo Chevrolet, Inc. submitted the lowest responsive bid. It is recommended that the City Council approve a purchase order with Rotolo Chevrolet, Inc. for the purchase of one 2017 Chevrolet Volt hybrid vehicle in the amount of $33,715.24. BACKGROUND The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of a 2001 Chevrolet Malibu in the Fire Department. The existing 2001 Chevy Malibu has approximately 68,300 miles and has been in service for 16 years. The vehicle meets the age criteria in the City’s Equipment Replacement Program. Additionally, the 2001 Chevy Malibu has had a constant malfunctioning starter causing the vehicle to be towed up to three times or more in a year. The vehicle’s air conditioning module also needs to be replaced every six months due to chronic failure. The continuous maintenance issues have caused the vehicle to be frequently out of service causing intermittent interruptions to the Fire Inspection Unit’s operations. As a result, Public Works Services Fleet Technicians have concluded that there are no resolutions for the vehicle’s inherent and consistent problems. The vehicle will continuously need costly maintenance and repairs for items that should be standard routine maintenance for this type of vehicle.

Purchase of Chevrolet Volt Hybrid Vehicle February 21, 2017 Page 2 of 2

DISCUSSION Public Works Services did not use the cooperative purchasing agreement for this acquisition because when staff conducted informal bids, it was determined that going out to bid competitively would result in a greater savings due to the availability of manufacture rebates. Therefore, the City conducted a formal bid for a 2017 Chevy Volt hybrid vehicle. A Notice Inviting Bids was published in the City’s adjudicated newspaper, and bid packages were provided to local vendors who provide this type of vehicle. On January 24, 2017, the City Clerk received 2 bids with the following results: Bidder

Location

Bid Amount

Rotolo Chevrolet, Inc. Glendora Chevrolet

Fontana, CA Glendora, CA

$33,715.24 $36,322.03

All bid documents were reviewed for content and the vendor’s background was investigated. Based on this review, it has been determined that Rotolo Chevrolet, Inc. is the lowest responsive bidder that met the City’s required vehicle specifications. FISCAL IMPACT The City of Arcadia receives annual funding from the Air Quality Management District (“AQMD”) that can be used to purchase alternative fuel vehicles. The 2017 Chevrolet Volt hybrid vehicle is an alternative fuel vehicle that meets AQMD criteria and will be entirely paid for utilizing AQMD funds. The total cost of the vehicle is $33,715.24 and AQMD funding in the amount of $41,200 has been budgeted in the Fiscal Year 2016-17 Equipment Replacement Budget. RECOMMENDATION It is recommended that the City Council approve a purchase order with Rotolo Chevrolet, Inc. for the purchase of one 2017 Chevrolet Volt Hybrid vehicle in the amount of $33,715.24.

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer Prepared by: Kevin Merrill, Principal Civil Engineer

SUBJECT: ACCEPT ALL WORK PERFORMED BY NOBEST INC. FOR THE BALDWIN AVENUE AND DUARTE ROAD INTERSECTION IMPROVEMENTS AS COMPLETE Recommendation: Approve SUMMARY On March 15, 2016, the City Council awarded a contract to Nobest, Inc., in the amount of $276,000, plus a 10% contingency, for the Baldwin Avenue and Duarte Road Intersection Improvements. There were three (3) change orders on the project in the amount of $17,239.50, or 6.24%. With the adjustment for actual quantities, the final contract amount is $293,239.50. The terms and conditions of this project have been complied with, and the required work has been performed to staff’s satisfaction for a final cost of $293,239.50. It is recommended that the City Council accept the project as complete and authorize the final payment in accordance with the contract documents. BACKGROUND The 2005 Transportation Master Plan identified that the Baldwin Avenue and Duarte Road intersection was in need of improvements to enhance circulation and reduce congestion during the peak hours. In April, 2009, the City of Arcadia applied for and received a grant from Metro through the Call-for-Projects program to fund improvements to the Baldwin Avenue and Duarte Road intersection. The project scope included an additional eastbound to northbound left-turn lane, reconstruction of parkways and the intersection corners, repaving of the intersection and the west leg of Duarte Road, traffic signal improvements, and striping modifications. The scope also included the acquisition of additional right-of-way from the property owner on the south side of Duarte Road, known as the “Hub Center”, to make room for the left turn lane. Several

Accept Work by Nobest, Inc. for the Baldwin Avenue and Duarte Road Intersection Improvement Project February 21, 2017 Page 2 of 3

meetings were held with the Hub Center property owner to discuss acquisition of the additional right-of-way, but the owner would not agree to a sale. In order to proceed with the project, it was divided into two phases. Phase 1 included all the traffic signal improvements, pavement rehabilitation in the intersection, the corner improvements, and miscellaneous striping improvements. Phase 2 will be the widening of the north and south curbs of Duarte Road and the inclusion of the second left-turn lane, eastbound to northbound. Because of the difficulties with the right-of-way acquisition for Phase 2, other opportunities are being explored, such as obtaining the right-of-way through the entitlement process for future redevelopment of the property. The plans and specifications for Phase 1 were completed in January 2016, and the project was advertised for bids in February 2016. On March 15, 2016, the City Council awarded a contract to Nobest, Inc., in the amount of $276,000, plus a 10% contingency, for the Baldwin Avenue and Duarte Road Intersection Improvements, Phase 1. With the contingency, the overall project budget was $303,600.

DISCUSSION The construction began in early August, 2016, and was completed in January 2017. The completion was delayed by two items that took additional time: a video detection module for the signal, and a hand rail at the southeast corner of the intersection. There were three (3) change orders on the project, totaling $17,239.50 or 6.24%. The first change order was for the grinding of the existing traffic signal pole foundations that were discovered to be in the way of the new installations, in the amount of $1,328.25. The second change order was for fiber optic cable re-splicing and additional advance detection loops in all of the left-turn pockets. This was determined to be necessary to supplement the video detection with a cost of $7,800.25. The third change order was for the adjustment of the final material quantities based on the actual field measurements, in the amount of $8,111. These three change orders brought the final construction total to $293,239.50, which is within the project contingency approved. FISCAL IMPACT The project was budgeted in the Fiscal Year 2012-13 and 2013-14 Capital Improvement Programs for a total of $1,334,800, with 50% from a Metro Grant and a 50% local match from Transportation Impact Fees. The total construction cost for Phase 1 was $293,239.50. This amount is divided equally between the two funding sources.

Accept Work by Nobest, Inc. for the Baldwin Avenue and Duarte Road Intersection Improvement Project February 21, 2017 Page 3 of 3

RECOMMENDATION It is recommended that the City Council accept all work performed by Nobest, Inc., for the Baldwin Avenue and Duarte Road intersection improvements, as complete, and authorize the final payment to be made in accordance with the contract documents.

DATE:

February 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Dominic Lazzaretto, City Manager By: Michael Bruckner, Assistant to the City Manager

SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ANIMAL PEST MANAGEMENT SERVICES, INC. FOR COYOTE TRAPPING SERVICES IN AN AMOUNT NOT TO EXCEED $15,000 Recommendation: Approve SUMMARY At the February 7, 2017, City Council meeting, the City Council directed staff to retain the services of a qualified vendor to conduct a coyote trapping program in the City of Arcadia. The City has selected Animal Pest Management Services, Inc. (“APM”) due to their experience and qualifications for providing similar services to the City and surrounding communities. Therefore, it is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with Animal Pest Management Services, Inc. for coyote trapping services in an amount not to exceed $15,000. BACKGROUND Due to frequent and abundant complaints received from Arcadia residents about the increasing number of “bold” coyotes in residential neighborhoods that are entering yards, attacking pets, and in general showing little or no fear of humans, the City Council, at their February 7, 2017, meeting, voted to implement a coyote trapping program. The City Council authorized up to $20,000 for trapping and additional education efforts. DISCUSSION The expertise and experience required to conduct this type of work puts the services in the category of being a “professional services,” and staff solicited several proposals from qualified vendors.

PSA for Coyote Trapping Services February 21, 2017 Page 2 of 3

Firm Amount Animal Pest Management $2,500 per 10 day period Services, Inc. Critter Busters $3,000 per 10 day period Critter Control

$1,100 per 10 day period

Trap Type 4 to 6 snare traps per area 12 snare traps per 10 day period 2 cage traps per location

With exception of Critter Control, vendors generally recommended the use of snare traps. The use of cage traps is not recommended for a successful coyote trapping program because they have proven to be ineffective in the removal of problem coyotes and can even inhibit future trapping efforts by creating trap shyness in the coyote population. All Pest Management Services, Inc. (“APM”) was the City’s service provider in 2010. APM’s fee is $2,500 per 10-day trapping period, the same as it was in 2010. While it is more expensive than Critter Control’s proposal, it is expected that their methodology and service level will create a more effective program. APM has proven to be a responsible and effective contractor and as a result it is recommended that they be selected to provide coyote management services. To implement the program residents will be provided with a telephone number they can call to report a coyote sighting or problem. After determining which areas are having the most difficulty, the selected vendor will work with the affected residents to install and monitor a trap or traps until the problem animals are caught. Trapping is done on an as-needed basis only. It is expected that trapping will be conducted in key areas intermittently and only when complaints are significant enough to warrant them. In addition to the trapping that will take place, City staff will expand education efforts to remind the public to be on the watch for coyotes and to take action to deter them from homes and neighborhoods. Special focus will be placed on coyote hazing measures. Without a change in human behavior, even with a trapping program, Arcadia will remain an attractive home to coyotes. No program will completely eradicate coyotes from the area; the possibility of these animals coming out of the adjacent open space and into residential areas will always exist. FISCAL IMPACT The cost to implement the Council-directed trapping program is $2,500 per 10-day trapping period, with a not-to-exceed amount of $15,000. The City Council has appropriated up to $20,000 for trapping services and additional coyote education in the Fiscal Year 2016-17 General Fund budget.

PSA for Coyote Trapping Services February 21, 2017 Page 3 of 3

RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with Animal Pest Management Services, Inc. for Coyote Trapping Services in an amount not to exceed $15,000.

Attachment: Proposed Professional Services Agreement

CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING COYOTE TRAPPING SERVICES 1.

PARTIES AND DATE.

This Agreement is made and entered into this _____ day of _____, 2017 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066-6021 ("City") and Animal Pest Management Services, Inc., a California Limited Liability Company, with its principal place of business at 13655 Redwood Court, Chino, California 91710-5516 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2.

RECITALS. 2.1

Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing coyote trapping services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2

Project.

City desires to engage Consultant to render such services as set forth in this Agreement. 3.

TERMS. 3.1

Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional trapping services necessary. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from February 21, 2017 to June 30, 2017, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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3.2

Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Dan Fox. 3.2.5 City’s Representative. The City hereby designates Michael Bruckner, Assistant to the City Manager, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract.

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Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates Dan Fox, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant’s policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer’s consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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The City, its directors, officials, officers, and employees shall be listed as additional insured. Any deductibles or self-insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of

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coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, and employees shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, and employees for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non-renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non-payment of premium, ten (10) days notice of cancellation for non-payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, and employees. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant’s obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. 3.3

Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City’s prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifteen Thousand dollars ($15,000) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the

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execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4

Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5

General Provisions. 3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Consultant’s performance prior to the date of termination. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Consultant: Animal Pest Management Services, Inc. 13655 Redwood Court Chino, CA 91710-5516 Attn: Dan Fox City:

City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 Attn: Michael Bruckner, Assistant to the City Manager

Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade

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paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding arising from Consultant’s performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit.

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3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. provision of this Agreement.

Time is of the essence for each and every

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. 3.6

Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA

By Dominic Lazzaretto City Manager

ANIMAL PEST MANAGEMENT SERVICES, INC

__

By ____________________________ Signature

Date: ______________________

______________________________ Print Name and Title

ATTEST:

Date: _________________________

___________________________ City Clerk

By____________________________ Signature

APPROVED AS TO FORM:

______________________________ Print Name and Title

___________________________ Stephen P. Deitsch City Attorney

Date: _________________________

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EXHIBIT "A" SCOPE OF SERVICES

Consultant shall perform the following services in connection with providing coyote trapping services for the City of Arcadia: 1. COYOTE ABATEMENT PROGRAM WHICH CONSISTS OF THE FOLLOWING: a. 10-day trapping period for a total of approximately 8 weeks of coyote trapping services b. All traps will be checked a minimum of once daily c. All traps will be approved by the California Department of Fish and Wildlife d. All labor and materials would be supplied by Consultant e. Trapping will be done on an as-needed basis 2. REPORTING PROCESS: a. Residents will be asked to report any coyote-related problems to Animal Pest Management Services, Inc. at the following phone number: 1-800344-6567 3. INSTALLATION OF TRAPS: a. Snare traps will be placed in strategic locations according to noted activity and public consideration b. Consultant will work with residents to install and monitor snare trap(s) c. Between 4 and 6 snare traps will be placed per location 4. DELIVERABLES a. Coyote trapping services for the duration of approximately 8 weeks

A-1

Exhibit "B" SCHEDULE OF SERVICES

Consultant shall commence services on or about February 21, 2017, and continue for approximately 8 weeks which may or may not be consecutive. The services will be delivered as follows per 10 day period: Week 1 Day Monday Tuesday Wednesday Thursday Friday Week 2 Day Monday Tuesday Wednesday Thursday Friday

# Traps Installed 4-6 per location 4-6 per location 4-6 per location 4-6 per location 4-6 per location

# Traps Installed 4-6 per location 4-6 per location 4-6 per location 4-6 per location 4-6 per location

Trap Type Snare trap Snare trap Snare trap Snare trap Snare trap

Trap Type Snare trap Snare trap Snare trap Snare trap Snare trap

If the City requests additional services, the revised delivery schedule will be mutually agreed upon by the Consultant and the City prior to commencement of services.

B-1

Exhibit "C" COMPENSATION

The scope of work to be performed is for a flat not-to-exceed fee of $15,000 without written authorization from the City’s Representative. Firm Animal Pest Management Services, Inc.

Amount $2,500 per 10 day period

Trap Type 4 to 6 snare traps per location

(a) Extra Work may be authorized, and if additional services are requested, the associated fee will be based on the type of services provided. (b) Services to be removed and or added from the schedule shall be mutually agreed upon and authorized by both the Consultant and the City, through the issuance of a Change Order which includes revised values.

C-1