2017-03-07 CC Meeting Agenda - City of Arcadia

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Mar 7, 2017 - Copies of individual Agenda Reports are available via email .... under Government Code section 54956.9(d)(
CITY OF ARCADIA City Council Regular Meeting Agenda

Tuesday, March 7, 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 54956.9(d)(2) to confer with legal counsel regarding anticipated litigation – two (2) cases.

b.

Pursuant to Government Code Section 54957 regarding Public Employee Performance Evaluation. Title: City Manager

Regular Meeting City Council Chamber, 7:00 p.m. CALL TO ORDER INVOCATION Reverend Julie Bryant, Church of the Transfiguration 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.

Arbor Day Proclamation presented to the Arcadia Beautiful Commission.

b.

Mayor’s Certificate of Commendation presented to the Los Angeles County Arboretum for winning a Los Angeles Conservancy Preservation Award.

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]) 1.

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.

Regular Meeting Minutes of February 21, 2017. Recommended Action: Approve

b.

Contract with Vargas Olson Enterprises, Inc. for the Library Carpet Tile Installation Project in the amount of $83,500. Recommended Action: Approve

c.

Contract with Doug Martin Contracting, Inc. for the Fiscal Year 2016-17 Annual Slurry Seal Project in the amount of $624,135.54. Recommended Action: Approve

d.

Contract with All American Asphalt for the Pavement Rehabilitation Project on Lemon Avenue, Camino Real Avenue, and Sixth Avenue in the amount of $1,037,700. Recommended Action: Approve

e.

Extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000. Recommended Action: Approve

f.

Purchase order with Sonsray Machinery, LLC for the purchase of one 2017 Case 580N Loader Backhoe in the amount of $111,928.84. Recommended Action: Approve

g.

Accept all work performed by FieldTurf, Inc. for the replacement of the Civic Center soccer field as complete. Recommended Action: Approve

h.

Legal Service Agreements with the law firms of Grossberg & Hoehn; Collins Collins Muir & Stewart, LLP; Atkinson, Andelson, Loya, Ruud & Romo; and Gilbert, Kelly, Crowley & Jennett, LLP for the City’s tort and litigation defense services. Recommended Action: Approve

ADJOURNMENT The City Council will adjourn this meeting in memory of Dorothy Cunningham to March 21, 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.

ARCADIA CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, FEBRUARY 21, 2017 CALL TO ORDER – Mayor Beck called the meeting to order at 6:02 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Amundson, Chandler, Tay, and Beck Verlato

It was moved by Council Member Chandler, seconded by Council Member Tay to excuse Council Member Verlato. City Manager Lazzaretto explained the need to add a closed session item to the closed session agenda in light of the letter received from Verizon’s attorney regarding the proposed cell tower. City Attorney Deitsch further explained to the City Council that to add a closed session item under Government Code section 54956.9(d)(2) to the agenda pursuant to Section 54954.2(b) of the Brown Act, they would need to make the following two findings: (1) there was a need to take action on the item (the Verizon cell tower application matter on the posted agenda), and (2) the need to take action came to the attention of the City Council after the agenda for the City Council meeting had been posted, because the City received a threat of litigation concerning this matter by letter the day of the Council meeting. It was moved by Council Member Chandler, seconded by Council Member Tay and carried on roll call vote to adopt the two findings, as cited by the City Attorney, to add an item to the closed session agenda, under Government Code section 54956.9(d)(2) anticipated litigation, one case. AYES: NOES: ABSENT:

Chandler, Tay, Amundson, and Beck None Verlato

Council Member Verlato arrived at 6:05 p.m. PUBLIC COMMENTS - No one appeared. 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.

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b.

Pursuant to Government Code Section 54956.9(d)(2) to confer with legal counsel regarding potential litigation – one (1) case. (added to the closed session agenda pursuant to section 54954.2(b) of the Brown Act)

No reportable action was taken on the Closed Session items. The Closed Session ended at 6:55 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Beck called the regular meeting to order at 7:00 p.m. INVOCATION – Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE – Jason Kruckeberg, Assistant City Manager/Development Services Director 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 prior to the regular meeting, and reported that by a unanimous vote 4-0, (with Council Member Verlato having an excused absence), voted to add a Closed Session item under Government Code Section 54956.9(d)(2), anticipated litigation, one case, pursuant to Section 54954.2(b) of the Brown Act based on findings that: (1) there was a need to take action on the item (the Verizon cell tower application matter on the posted agenda) the day of the Council meeting because the City Council was required to make a final determination on the item by February 21, 2017, pursuant to the federal Telecommunications Act of 1996; and (2) the need to take action came to the attention of the City after the agenda for the City Council meeting had been posted, because the Council received a threat of litigation concerning this matter by letter the day of the Council meeting; and the City Council also considered the one item that was listed on the posted agenda, and no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto noted that staff has requested Consent Calendar item 2.c regarding the contract with All American Asphalt for the Pavement Rehabilitation Project be pulled from this agenda, and brought back to the next City Council meeting so that staff can look into additional information; and stated that based on the number of speaker cards he recommended that Consent Calendar item 2.g regarding coyotes be move prior to the public comment period in order to allow individuals the earliest opportunity to speak. He also noted a title change to the February 1 City Council special meeting minutes, and a clarification of a word choice to the February 7 City Council regular meeting minutes; and regarding Consent Calendar item 2.b, amendments to Resolution No. 7154, Page 14 relating to the Verizon cell tower clarifying the City’s stance of the proposed denial of the tower; and 3 emails from residents opposing the Verizon cell tower, and a letter from Mackenzie & Albritton, attorneys for Verizon requesting the City reconsider their stance. 2

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The City Council concurred with the reorder of Consent Calendar item 2.g and tabling item 2.c. 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 by the Arcadia Chinese Association of gift certificates to City employees in appreciation of staff’s efforts.

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

City Manager Lazzaretto presented the staff report. Mayor Beck opened the public hearing. No one appeared. 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. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to 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. AYES: NOES: ABSENT:

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

As recommended by City Manager Lazzaretto, and concurred by the City Council, Mayor Beck announced that due to the number of speaker cards, Consent Calendar Item 2.g regarding coyotes will be discussed at this time. 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 Ann Carlton, Arcadia, expressed her concerns regarding coyotes and the safety of the community. Ashley Page, Encino, encouraged the need for education, and does not feel that trapping of coyotes is going to resolve the problem.

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Marci Schultz, Arcadia, commented on the number of speakers in attendance who do not live in the City of Arcadia. Diana Mendoza, Atwater Village, opposed the trapping of coyotes. Sean Yung, Santa Clarita, encouraged education, and opposed the trapping of coyotes. Brittany Gustafson, Burbank, opposed the trapping of coyotes. Eric Davis, Altadena, opposed the trapping of coyotes, and urged the City Council to reconsider their decision. Marguerite Dessornes, Altadena, encouraged education, and opposed the trapping of coyotes. Ed McGreevy, Los Angeles, opposed the trapping of coyotes. Nicolas Tomas opposed the trapping of coyotes. Chavona Kirkwood, Monrovia, opposed the trapping of coyotes. Casey Kern, Los Angeles, opposed the trapping of coyotes, and encouraged other humane alternatives. Jean Jarose, Arcadia, commented on the letter she received from the Pasadena Humane Society regarding education; and opposed the trapping of coyotes. Warren Upson, Hollywood, opposed the trapping of coyotes. Maria Cristina Halstead opposed the allocation of money being spent on the trapping of coyotes; she encouraged education. Lisa Lange, Pasadena, encouraged education, and urged the City Council to let the Pasadena Humane Society educate the public. Alexander Charak, Hollywood, encouraged the City Council to use humane methods which he feels would be more effective. Michelle Weidner, Los Angeles, opposed the trapping of coyotes; and encouraged the City Council to find more humane ways to deal with the coyotes. Dominique Margolis, Sierra Madre, encouraged the City Council to find alternative methods to deal with the coyotes. Hal Weiss, Pasadena, opposed the trapping of coyotes at the expense of the taxpayers. Liz Hernandez, Burbank, spoke about a spiritual approach of dealing with the coyotes. Dr. Arnold Newman, Sherman Oaks, opposed the trapping of coyotes; and encouraged education. Kathrina Davidovich, Los Angeles opposed the trapping of coyotes.

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Ed Simpson, South Pasadena, opposed trapping coyotes; and suggested the City create an animal commission to research possible solutions. Andrea Brkic, Arcadia, opposed the trapping of coyotes; and encouraged education. Jocelyn Chi, Arcadia, opposed the trapping of coyotes; and encouraged education. Tracy Reiman, South Pasadena, opposed the trapping of coyotes. Janet Raymond, Arcadia, supports the City Council’s decision to trap the coyotes. Donna Perez, Arcadia, urged the City Council not to be pressured by animal activists; and asked the City Council to stand firm on their decision to trap the coyotes to protect the residents of Arcadia. Linda Semain, Arcadia, supports the City’s Council’s decision to trap coyotes. Donna Selby, Arcadia, opposed the trapping of coyotes (submitted pictures); she doesn’t feel that trapping would solve the problem; and encouraged a long term plan. Helena Soh, Los Angeles, opposed the trapping of coyotes; and urged the City Council to reconsider their decision. Ashley Frohnert, Los Angeles, opposed the trapping of coyotes; and urged the City Council to come up with more humane methods. Meggan Anderson, Los Angeles, opposed the snare trapping of coyotes; and urged the City Council to reconsider their decision. Vanessa Marsot, Shadow Hills, opposed the trapping of coyotes which she feels would be ineffective; and urged the City Council to consider alternative humane methods. Piotr Walczuk, Pasadena, urged the City Council to reconsider their decision to trap the coyotes. Katie Arth urged the City Council to protect the coyotes, and consider a humane solution to keep the residents of Arcadia safe. Gwendolyn Mathers, Pasadena, encouraged the City Council to reconsider their decision to trap the coyotes; and consider education and other specialized deterrents and ethical alternatives. Rohini Banskota, Arcadia, opposed the trapping of coyotes; and asked the City Council to reconsider their decision. Andrea Adelman, Hollywood, opposed the trapping of coyotes; and urged education. Stephanie Myers, Arcadia, supports the City Council’s decision to trap coyotes. Tere Albanese, Pasadena, opposed the trapping of coyotes. Susan Hartland opposed the trapping of coyotes; encouraged education; and urged the City Council to reconsider their decision.

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Gordon Penharlow, Arcadia, supports the trapping of coyotes, and encouraged the City Council to stand by their decision to protect the residents of Arcadia. Diana Marmonstein, High Desert, opposed the trapping of coyotes, and encouraged education. Patricia Ancona, Sierra Madre, encouraged education and other humane alternatives instead of trapping the coyotes. Matt Duncan, City of Orange, opposed the trapping of coyotes, and encouraged other humane alternatives. Harold Pick opposed the trapping of coyotes. Angelique, Santa Monica, opposed the trapping of coyotes, encouraged proactive education, and urged the City Council to rescind their decision to trap the coyotes and focus on more humane alternatives. Randal Massaro, Union Member for the Preservation of Wildlife, opposed the trapping of coyotes, and encouraged education. Caroline Blake, Arcadia, opposed the trapping of coyotes, and requested weekly statistics published if the trapping moves forward. Dr. Robert Cooper, Arcadia, opposed the trapping of coyotes. Sara Rosenberg, Arcadia, opposed the trapping of coyotes, and urged the City Council to find alternative methods. Abe Cooper, 7 years old, Arcadia, opposed the trapping of coyotes. Ben Cooper, 11 years old, Foothills Middle School, Arcadia, opposed the trapping of coyotes. Gus Cooper, 9 years old, Arcadia, loves the wildlife and animals, and is opposed to the trapping of coyotes. Matt Bruce, Los Angeles, opposed the trapping of coyotes, and encouraged the City Council to rescind their decision. Dale Bartlett encouraged education, and urged the City Council to reverse their decision to trap the coyotes. Joann Susnar, Arcadia, supports the City Council’s decision to trap the coyotes. Randi Feilich, Project Coyote, opposed the trapping of coyotes, and offered Project Coyote to help the City and residents with education. Brad Hiesah, Calabasas, opposed the trapping of coyotes, and urged the City Council to reach out to other organizations to further educate the City and residents. Debbie Priester, Arcadia, supports the City Council’s decision to trap coyotes. Diane Perry, Arcadia, supports the City Council’s decision to trap coyotes.

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Sharon Thomule, Arcadia, supports the City Council’s decision to trap coyotes. Rachel Lin, Arcadia, supports the City Council’s decision to trap coyotes. David Jallo, Pear Blossom, opposed the trapping of coyotes, and encouraged education. Kenneth Mar, Arcadia, supports the City Council’s decision to trap coyotes. Roberta Marquez, Arcadia, opposed the trapping of coyotes. Shu Li, Arcadia, supports the trapping of coyotes, but feels there should be other alternatives. Gail Alexander, Arcadia, supports the trapping of coyotes. Audree Swanson, Arcadia, opposed the trapping of coyotes. Stacy Rudzik, Arcadia, opposed the trapping of coyotes, and would like to see the money spent in other ways that do not torture animals. Karen Suarez, Monrovia, opposed the trapping of coyotes, and urged education. Alice Lun, Arcadia, opposed the trapping of coyotes. (name not given), Glassell Park, opposed the trapping of coyotes. Elizabeth Fife, Pasadena, opposed the trapping of coyotes, and encouraged education. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar item 2.g., a Professional Services Agreement with Animal Pest Management Services, Inc. for Coyote Trapping Services in an amount not to exceed $15,000. AYES: NOES: ABSENT:

Chandler, Tay, Verlato, and Amundson Beck None

Mayor Beck called a 5 minutes recess at 10:10 p.m. PUBLIC COMMENT Edward Mui, an Arcadia resident, appeared and commented on Consent Calendar item 2.b.; he spoke about the alternative site for the cell tower at El Monte and Palm Avenue and noted that it was missing from the proposed Resolution. Lawrence Papp, an Arcadia resident, appeared and commented on Propositions 47 and 57, and urged the City and elected officials to send letters to the Governor regarding its opposition to the early release programs. William Lee, an Arcadia resident, appeared and indicated that there is no coverage gap in service as claimed by Verizon in Item 2.b.

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Raymond Quan, an Arcadia resident, appeared and indicated that a lot of work has gone into opposing the Bell Tower project proposed in Item 2.b, and hopes the City does not rescind their decision to deny the project due to Verizon’s threat of litigation against the City. Debbie Priester, an Arcadia resident, appeared and spoke regarding Item 2.b; she indicated that the Diocese of Los Angeles is the owner of The Church of the Transfiguration, and urged the City Council to contact the Diocese regarding this matter since they are the only ones who ultimately have the authority to make the final decision. America Chi, an Arcadia resident, appeared and spoke about Item 2.b; she denied the coverage gap in service as claimed by Verizon, and urged the City Council to not cave into Verizon’s threats of litigation. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) Council Member Verlato had no comments. Council Member Tay announced that he attended Coffee with the Cop on February 8, and that the Police K9 dog was the main attraction; he further announced that he attended the Arcadia Chinese Association Lunar New Year celebration on February 3; the Arcadia High School Chinese Booster Club Lunar event on February 11 with Mayor Beck; and on February 2, he attended the grand opening of the Food Alley at the Westfield Mall. Mayor Pro Tem Amundson commented on the early release programs of criminals, and the comments made by the Whittier Police Chief regarding Proposition 47 and 57 including Proposition 109; he also commented on the State Water Bond that the citizens voted on back in 2014; he announced that on February 3, he attended the Arcadia Chinese Association Lunar luncheon; that next week is the groundbreaking for the new mixed-use development project near the Gold Line in the downtown area; and on July 1, the Arcadia Downtown Association is having the Patriotic Festival, and encouraged residents to email him regarding their comments on last year’s event and what they would like to see different. Council Member Chandler also commented on Proposition 47 and 57, and stated that the system is broken. City Clerk Glasco commented on the great window displays the curator of the Gilb Museum, Dr. Dana Hicks, puts together; and noted that the life of Tony Antista, who created the Arcadia High School fight song that is still used to this day, is displayed in the lobby of the Council Chambers. Mayor Beck mirrored Mayor Pro Tem Amundson’s comments regarding Proposition 47 and 57, and suggested that cities get together and propose stiffer penalties to the Governor. City Manager Lazzaretto explained that the City can work with the COG (Council of Governments), other cities and the Police Chief’s Association to put forth some legislature. City Attorney Deitsch recommended that the item be brought back to a future City Council meeting for discussion. The City Council unanimously concurred.

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Mayor Beck also commented on his decision made regarding Verizon knowing that litigation is probable; he announced that February 24 is the Mayor’s Community Breakfast at the Front Runner Restaurant at the Race Track, and indicated that Congressman Adam Schiff will be the guest speaker and will be speaking on Russian Cyber Security; that on March 2 he will be giving the State of the City address at the Embassy Suites in Arcadia; and March 5 is the 626 Golden Street event; and announced that City Clerk Glasco has named the 2017 Citizen of the Year and will be honored on March 28. Mayor Beck noted that Consent Calendar item 2.c was tabled, and item 2.g was already heard. 2.

CONSENT CALENDAR 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.

(pulled and tabled) 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

Regarding Consent Calendar item 2.b, Resolution No. 7154, Page 27, City Attorney Deitsch recommended the following language be added: Additionally, the applicant failed to reasonably demonstrate to the City Council that co-locating a new facility at the existing facility at El Monte and Palm is not feasible, in lieu of the currently proposed location. In response to questioning, the applicant merely stated, without demonstrating a factual foundation, that such an alternate facility would not be sufficient to eliminate the applicant’s asserted gap.

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

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

On behalf of the City employees, City Manager Lazzaretto asked Council Member Tay to thank the Arcadia Chinese Association for the donation of gift certificates to the City employees in appreciation for the work they do, and on behalf of all the City employees wished the Chinese Community a Happy Lunar New Year. Mayor Beck also added that he attended a couple of Chinese New Year events with Council Member Tay, which he forgot to mention during his report. ADJOURNMENT Mayor Beck adjourned this meeting at 10:49p.m. March 7, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

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Award Library Carpet Tile Project March 7, 2017 Page 1 of 2

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

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

SUBJECT: CONTRACT WITH VARGAS OLSON ENTERPRISES, INC. FOR THE LIBRARY CARPET TILE INSTALLATION PROJECT IN THE AMOUNT OF $83,500 Recommendation: Approve SUMMARY The Fiscal Year 2016-17 Capital Improvement Project budget provides for the replacement of the carpet in public floor area of the Library. To ensure that the City is receiving the most competitive pricing for this type of service, a formal bid process was conducted. Vargas Olson Enterprises, Inc. 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 Vargas Olson Enterprises, Inc. for the Library Carpet Tile Installation Project in the amount of $83,500. BACKGROUND The Public Works Services Department (“PWSD”) is responsible for the maintenance and repair of all City facilities. In the past, the PWSD replaced individual worn carpet tiles in the Library’s high traffic public floor area with extra replacement tiles that the Department had on hand. There are no more extra tiles available and the existing Library carpet tile size, design, and color has been discontinued and is no longer manufactured. The remaining Library carpet tiles in the public floor area are over 20 years old, have deteriorated beyond repair, and need to be replaced. The proposed new carpet to be installed is a commercial grade carpet tile which has recently been installed at other City owned facilities. The new commercial grade carpet tiles come with a lifetime warranty against runs and edge ravel. Carpet tiles have been very successful in withstanding the high traffic patterns in other City facilities such as the Community Center as well as the Fire and Police Departments.

Award Library Carpet Tile Project March 7, 2017 Page 2 of 2

DISCUSSION A Notice Inviting Bids was published in the City’s adjudicated newspaper, and bid packages were provided to local vendors who provide commercial carpet installation services. On February 21, 2017, the City Clerk received 3 bids with the following results: Bidder

Location

Bid Amount

Vargas Olson Enterprises, Inc. New Image Interior Flooring Floor Covering Unlimited, Inc.

Azusa, CA Beaumont, CA Los Angeles, CA

$ 83,500 $103,000 $132,500

All bid documents were reviewed for content and the contractor’s background was investigated. It was determined that Vargas Olson Enterprises, Inc. submitted the lowest responsive bid and has satisfactorily performed carpet installation at City facilities in the past. FISCAL IMPACT The cost of the project is $83,500, and funds in the amount of $143,000 have been budgeted in the Fiscal Year 2016-17 Capital Improvement Plan for the Library Carpet Tile Installation Project. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with Vargas Olson Enterprises, Inc. for the Library Carpet Tile Installation Project in the amount of $83,500.

Attachment: Proposed Contract

CITY OF ARCADIA

LIBRARY CARPET TILE INSTALLATION

CONTRACT

BETWEEN CITY OF ARCADIA AND VARGAS OLSON ENTERPRISES, INC.

(LIBRARY CARPET TILE PROJECT)

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 Vargas Olson Enterprises, Inc., 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: LIBRARY CARPET TILE INSTALLATION PROJECT 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 120 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 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 Contract - 1

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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 EIGHTY-THREE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($83,500.00). 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.

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 Contract - 2

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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 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 Contract - 3

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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.

(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. Contract - 4

(LIBRARY CARPET TILE PROJECT)

(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.

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 Contract - 5

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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 $500 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. 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

Contract - 6

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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 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 Contract - 7

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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

VARGAS OLSON ENTERPRISES, INC.

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

Award Annual Slurry Seal Project March 7, 2017 Page 1 of 3

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

Tom Tait, Public Works Services Director

SUBJECT: CONTRACT WITH DOUG MARTIN CONTRACTING, INC. FOR THE FISCAL YEAR 2016-17 ANNUAL SLURRY SEAL PROJECT IN THE AMOUNT OF $624,135.54 Recommendation: Approve SUMMARY As part of the City’s Annual Asphalt and Concrete Program, the Public Works Services Department (“PWSD”) is preparing to slurry seal various residential streets within the City. To ensure that the City is receiving the most competitive prices and quality service for this work, the PWSD conducted a formal bid. Doug Martin Contracting, Inc. submitted the lowest responsive bid, which is within the adopted budget for this project. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with Doug Martin Contracting, Inc. for the Fiscal Year 2016-17 Annual Slurry Seal Project in the amount of $624,135.54. DISCUSSION The PWSD is responsible for the maintenance and repair of approximately 147 miles of roadway within the City. In 1999, as part of the Pavement Management Program, the condition of all City streets was assessed and a Slurry Seal Maintenance Program was established to help prolong the life of City streets through scheduled maintenance related to safety, drainage, and the effects of weather on the pavement surface. This program provides surface maintenance of all City streets and divided the City into eight zones, with one zone being addressed each year as part of an eight-year cycle. Updates to the plan are conducted regularly to ensure that the program is effective and to identify street segments with unusual wear and tear. The Fiscal Year 2016-17 Annual Slurry Seal Project will start in the summer of 2017 and address approximately 21 miles of residential and arterial streets as shown on the attached Project Location Map (Exhibit “A”). This will include crack sealing, the application of an emulsified asphalt and sand coating commonly referred to as slurry, and re-striping of street centerlines, stop bars, and other safety striping. This process

Award Annual Slurry Seal Project March 7, 2017 Page 2 of 3

protects the asphalt pavement surface from weather, restores skid resistance, and provides an aesthetic uplift to the street and neighborhood. The sidewalk, curb, and gutter repair portion of the Program is currently out to bid. The remaining funds from the slurry seal project will be used for this work. 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 February 7, 2017, the City Clerk received six sealed bids with the following results: RANK

FIRM

LOCATION

TOTAL BID

1.

Doug Martin Contracting Co., Inc.

La Habra, CA

$624,135.54

2.

American Asphalt South, Inc.

Fontana, CA

$647,512.00

3.

Roy Allan Slurry Seal, Inc.

Santa Fe Springs, CA

$648,614.88

4.

Pavement Coatings Co.

Mira Loma, CA

$724,472.00

5.

All American Asphalt

Corona, CA

$751,323.40

6.

Mission Paving and Sealing, Inc.

Irwindale, CA

$811,058.00

Bid documents were reviewed for content and the contractor’s background was also investigated. Based on this review, it has been determined that Doug Martin Contracting, Inc. is the lowest responsive bidder for this work. Doug Martin Contracting, Inc. has successfully completed similar work for the Cities of La Mirada, Lake Forest, Montebello, Pasadena, and Bellflower. 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 $795,000 have been budgeted in the Fiscal Year 2016-17 Capital Improvement Program for the Annual Slurry Seal Program. Sufficient funds are available for the project’s total contract cost of $624,135.54.

Award Annual Slurry Seal Project March 7, 2017 Page 3 of 3

RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with Doug Martin Contracting, Inc. for the Fiscal Year 2016-17 Annual Slurry Seal Project in the amount of $624,135.54.

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

CITY OF ARCADIA

2016/2017 ANNUAL SLURRY SEAL PROJECT PROJECT NO.: 55331017

CONTRACT

BETWEEN CITY OF ARCADIA AND DOUG MARTIN CONTRACTING, INC.

PROJECT NO. 55331017

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 Doug Martin Contracting, Inc., 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 Annual Slurry Seal Project / Project No.: 55331017 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 Forty-Five (45) 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 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 Contract - 1

PROJECT NO. 55331017

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 SIX HUNDRED TWENTYFOUR THOUSAND, ONE HUNDRED THIRTY-FIVE DOLLARS AND FIFTY-FOUR CENTS ($624,135.54). 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.

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 Contract - 2

PROJECT NO. 55331017

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 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 Contract - 3

PROJECT NO. 55331017

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.

(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. Contract - 4

PROJECT NO. 55331017

(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.

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 Contract - 5

PROJECT NO. 55331017

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 $1,500.00 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. 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

Contract - 6

PROJECT NO. 55331017

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 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 Contract - 7

PROJECT NO. 55331017

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

DOUG MARTIN CONTRACTING, INC.

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

DATE:

March 7, 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 $1,037,700 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 $1,037,700. 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 March 7, 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 total bid prices shown in the table above include the base bid only. The bid documents included alternate bid items for asphalt pavement digouts and striping on El Monte Avenue. The alternate bid items are highly desirable but will not be included as part of this project due to the pricing that was offered and the limitations of imposed in

Contract for the Pavement Rehabilitation Program March 7, 2017 Page 3 of 3

the City’s bidding documents for this project. The alternate bid items will be re-bid as a separate contract at a later date. The total project construction cost is $1,037,700. 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, $745,000 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 $1,037,700. 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 $1,037,700.

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

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

Tom Tait, Public Works Services Director

SUBJECT: EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTERLY METER SERVICE COMPANY FOR LARGE WATER METER TESTING, REPAIR, AND CALIBRATION SERVICES IN AN AMOUNT NOT TO EXCEED $28,000 Recommendation: Approve SUMMARY On March 1, 2016, the City Council awarded a Professional Services Agreement with optional contract extensions to Westerly Meter Service Company for large water meter testing, repair, and calibration services. Westerly Meter Service Company is reaching the end of their agreement and has submitted a written offer to extend the agreement for an additional year with no increase in pricing. All other conditions of the agreement will remain in effect. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a one year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000. BACKGROUND The Public Works Services Department (“PWSD”) provides water service to more than 55,000 residents in the City of Arcadia through approximately 14,000 service connections and is responsible for maintenance of the water meters in the system. The PWSD identified 123 large water meters that need to be tested, which range from 3-inch to 10-inch and use several different emerging technologies. Although the PWSD is responsible for the day-to-day operation and maintenance of the City’s water supply system, certain maintenance or repair tasks like large water meter testing, repair, and calibration services require expertise and equipment that the City does not have. Water meters should be tested and calibrated regularly in accordance with the guidelines

PSA Extension – Westerly Meter Service Co. Large Water Meter Testing March 7, 2017 Page 2 of 2

recommended by the American Water Works Association (“AWWA”). Testing water meters ensures that the City has accurate information to quantify water loss, pinpoint leaks, locate pressure problems, identify water use, and collect revenues. Unfortunately, water meters tend to slow down over time and fail to accurately record water consumption. In order to assure water is being accounted for accurately, it is imperative to have a large water meter testing program. On March 1, 2016, the City Council awarded a Professional Services Agreement with optional contract extensions to Westerly Meter Service Company for large water meter testing, repair, and calibration services. Westerly Meter Service Company is reaching the end of their agreement and has submitted a written offer to extend the agreement for an additional year with no increase in pricing. All other conditions of the agreement will remain the same. Based on the excellent level of service provided by Westerly Meter Service Company, it is recommended that the City Council authorize and direct the City Manager to execute a one year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000. FISCAL IMPACT Funds in the amount of $28,000 have been budgeted in the Fiscal Year 2016-17 Water Fund Operating Budget for water meter testing and repair services. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a one year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000.

Attachment: Proposed Professional Services Agreement Amendment

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE LARGE WATER METER MAINTENANCE PROGRAM BY AND BETWEEN THE CITY OF ARCADIA AND WESTERLY METER SERVCE COMPANY This Amendment No. 1 (“Amendment No. 1”) is hereby entered into this ______ day of ______________, 2017 by and between the City of Arcadia, a municipal corporation of the State of California, and Westerly Meter Service Company, a Sole Proprietorship, with respect to that certain Professional Services Agreement (“Agreement”) between the parties dated April 4, 2016. The Parties agree as follows: 1. Section 3.1.2 of the Professional Services Agreement, the Term is hereby extended from April 4, 2017 to April 4, 2018 (“Extended Term”). 2. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA

WESTERLY METER SERVICE COMPANY

By:

By: Dominic Lazzaretto City Manager

Dated:

Title: Dated: By:

ATTEST: Title: Dated: City Clerk APPROVED AS TO FORM

CONCUR:

Stephen P. Deitsch City Attorney

Tom Tait Public Works Services Director

Purchase Order for Loader Backhoe March 7, 2017 Page 1 of 2

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

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

SUBJECT: PURCHASE ORDER WITH SONSRAY MACHINERY, LLC FOR THE PURCHASE OF ONE 2017 CASE 580N LOADER BACKHOE IN THE AMOUNT OF $111,928.84 Recommendation: Approve SUMMARY The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of one backhoe in the Public Works Services Department (“PWSD”) that meets criteria for replacement in the Vehicle Replacement Program. Using the National Joint Powers Alliance (“NJPA”) cooperative purchasing program enables the City to streamline the process of procuring these vehicles and receive the best price possible. It is recommended that the City Council approve a purchase order with Sonsray Machinery, LLC for the purchase of one 2017 Case 580N loader backhoe in the amount of $111,928.84. DISCUSSION The Fiscal Year 2016-17 Equipment Acquisition Budget provides for the replacement of one backhoe in the Public Works Services Department. The 1991 backhoe has approximately 5,000 hours of use and is utilized by the Water Services section for street excavation and loading and hauling large debris from street construction projects. Due to the age of the backhoe, it needs constant costly maintenance and repairs on the hydraulic systems. Annual maintenance costs for the last three years are about $25,000. The backhoe being replaced meets criteria for replacement in the City’s Vehicle Replacement Program. 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

Purchase Order for Loader Backhoe March 7, 2017 Page 2 of 2

ensure that the City is receiving the best price possible, the PWSD solicited informal quotes from various local vendors and found that the backhoe offered through the NJPA was approximately $8,500 cheaper in price. The NJPA has awarded a master agreement to CNH Industrial America, LLC for their full line of Case brand heavy construction equipment with related accessories, attachments, and supplies. Under the agreement, CNH Industrial America, LLC, a national manufacturer, has certified and authorized specific independent dealers to provide services related to the purchase of Case heavy duty construction equipment. Sonsray Machinery LLC is a local authorized Case heavy equipment dealer. The bidding process and NJPA agreement have been reviewed by the Public Works Services Department and it has been determined to meet the City’s procurement requirements. FISCAL IMPACT The total purchase cost for the vehicle is $111,928.84. Funds in the amount of $115,000 have been budgeted in the Fiscal Year 2016-17 Equipment Replacement Budget. RECOMMENDATION It is recommended that the City Council approve a purchase order with Sonsray Machinery, LLC for the purchase of one 2017 Case 580N loader backhoe in the amount of $111,928.84.

Accept Replacement of Civic Center Soccer Field March 7, 2017 Page 1 of 2

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

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

SUBJECT: ACCEPT ALL WORK PERFORMED BY FIELDTURF, INC. FOR THE REPLACEMENT OF THE CIVIC CENTER SOCCER FIELD AS COMPLETE Recommendation: Approve SUMMARY On August 16, 2016, the City Council approved a contract with FieldTurf, Inc. in the amount of $208,000 for the replacement of the Civic Center soccer field. The terms and conditions of this project have been complied with and the work has been performed to the satisfaction of the Project Manager for a total project cost of $208,000. It is recommended that the City Council accept all work performed by FieldTurf, Inc., for the replacement of the Civic Center soccer field as complete and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $10,400. DISCUSSION In 2010, the City replaced the grass soccer field at the Civic Center with a synthetic turf soccer field sold by FieldTurf to increase usage and availability. The Public Works Services Department (“PWSD”) and Recreation and Community Services Department were notified in 2016 about potential litigation against FieldTurf due to premature unraveling and fiber shedding from one of their fields. As a result, the PWSD met with FieldTurf representatives to inspect the City’s turf soccer field. Following the inspection, FieldTurf agreed that the City’s field was showing signs of the defective material and explained that the original field that the City purchased was manufactured by an outside vendor and the quality control for the material was less than acceptable. At the August 16, 2016, Study Session, the PWSD provided the City Council with two options for replacing the defective field and recommended that the field be replaced with an upgraded field at a substantially reduced cost that also included a new eight year

Accept Replacement of Civic Center Soccer Field March 7, 2017 Page 2 of 2

warranty. The other alternative was to replace the field free of charge with a similar quality turf as originally purchased, but with only the remaining warranty period provided. The work performed included the replacement of the existing synthetic turf with FieldTurf’s elite monofilament product called Revolution 360. The Revolution 360 fiber features optimal durability and resilience. This product is solely manufactured by FieldTurf and does not contain any of the defective fiber material from the old field. The field warranty is eight years from the installation date, but with proper maintenance the field may last up to 12 years. Additional work performed included the installation new goal anchors and a Cool Play infill made of synthetic cork composite over a bed of sand and crumb rubber, which reduces the heat index on sunny days. The terms and conditions of this contract have been complied with and the work has been performed to the satisfaction of the Project Manager. FieldTurf, Inc. has completed the work as defined by the City’s specifications in an efficient and timely manner. FISCAL IMPACT Due to the soccer field failing prematurely, replacement was not budgeted in the current Capital Improvement Program. At the August 16, 2016, Study Session, the City Council approved the total cost of $165,000 for a new replacement field and $8,000 for new goal posts. The regular cost of the Revolution 360 field is $605,000. This is a savings of about $440,000. The $35,000 cost for the Cool Play infill was paid for by a donation from AYSO. RECOMMENDATION It is recommended that the City Council accept all work performed by FieldTurf, Inc., for the replacement of the Civic Center soccer field as complete, and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $10,400.

DATE:

March 7, 2017

TO:

Honorable Mayor and City Council

FROM:

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

SUBJECT: LEGAL SERVICE AGREEMENTS WITH THE LAW FIRMS OF GROSSBERG & HOEHN; COLLINS COLLINS MUIR & STEWART, LLP; ATKINSON, ANDELSON, LOYA, RUUD & ROMO; AND GILBERT, KELLY, CROWLEY & JENNETT, LLP FOR THE CITY’S TORT AND LITIGATION DEFENSE SERVICES Recommendation: Approve SUMMARY At the direction of the Legal Affairs Sub-Committee of the City Council, it was recommended that additional law firms who specialize in tort and litigation defense services be added to the City’s list of attorneys in order to provide greater flexibility in the City’s legal affairs. It is therefore recommended that the City Council approve, and authorize and direct the City Manager to execute Legal Services Agreements for the City’s tort and litigation defense with the law firms of Grossberg & Hoehn; Collins Collins Muir & Stewart, LLP; Atkinson, Andelson, Loya, Ruud & Romo; and Gilbert, Kelly, Crowley & Jennett, LLP. BACKGROUND The Legal Affairs Sub-Committee of the City Council suggested to the City Attorney that it would be advantageous to have other attorneys in addition to Carpenter, Rothans & Dumont to serve the City’s tort and litigation defense needs in future specific cases. By having a variety of firms available to the City with differing areas of expertise, the City would have greater flexibility in assigning cases and would possibly keep costs to a minimum. The Legal Affairs Sub-Committee (Mayor Beck and Council Member Verlato), the City Manager, and City Attorney interviewed four firms and found them to have impressive skills, experience, and approaches to legal defense, and their proposed rates were reasonable. As a result, the City Attorney and staff recommend continuing the services of Carpenter, Rothans and Dumont for tort litigation defenses in addition to

Legal Services Agreement for Tort and Litigation Defense Services March 7, 2017 Page 2 of 2

the continuing the use of Best Best & Krieger, as warranted. Copies of the legal services agreements are attached to this staff report. FISCAL IMPACT There would be no fiscal impact to the City’s General Fund as a result of City Council action, as legal fees are budgeted annually to cover these costs. None of the selected firms would be on any form of retainer or set monthly fee. The City would only be billed when the firm is engaged to work on a specific case. The rates of the firms, which are listed in the attachments, are commensurate with the current legal fees the City is paying for Carpenter, Rothans and Dumont. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute Legal Service Agreements for the City’s tort and litigation defense with the law firms of Grossberg & Hoehn; Collins Collins Muir & Stewart, LLP; Atkinson, Andelson, Loya, Ruud & Romo; and Gilbert, Kelly, Crowley & Jennett, LLP. Attachments: Retainer Agreement for Legal Services - Grossberg & Hoehn Letter Agreement - Collins Collins Muir & Stewart, LLP Attorney Representation Agreement - Atkinson, Andelson, Loya, Ruud & Romo Letter of Engagement - Gilbert, Kelly, Crowley & Jennett, LLP.