2017-03-21 CC Meeting Agenda - Arcadia - City of Arcadia

CITY OF ARCADIA City Council Regular Meeting Agenda

Tuesday, March 21, 2017, 7:00 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 INVOCATION Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Tom Beck, Mayor Peter Amundson, Mayor Pro Tem Roger Chandler, Council Member Sho Tay, Council Member April A. Verlato, Council Member REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS 1.

PUBLIC HEARING

Any person wishing to speak before the City Council on a public hearing item is asked to complete a Speaker Card noting the agenda item number and provide it to the City Clerk prior to the start of the public hearing. Separate and apart from the applicant (who may speak longer in the discretion of the City Council) each speaker is limited to five (5) minutes per person unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. The applicant may additionally submit rebuttal comments, in the discretion of the City Council.

You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. a.

Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations. Recommended Action: Introduce

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

CONSENT CALENDAR

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

Regular Meeting Minutes of March 7, 2017. Recommended Action: Approve

b.

Professional Services Agreement with Architectural Resources Group, Inc. to provide Historic Preservation consulting services; and a supplemental budget appropriation in the amount of $29,750. Recommended Action: Approve

c.

Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the Municipal Stormwater and Industrial Waste Programs in the amount of $94,827. Recommended Action: Approve

d.

Contract with Vasilj, Inc. for the Miscellaneous Sewer Main Repair Project in the amount of $44,650. Recommended Action: Approve

e.

Contract with T.E. Roberts, Inc. for the Valve Replacement Project on Santa Anita Avenue in the amount of $251,242. Recommended action: Approve

f.

Purchase Order with Yamada Enterprises for Phase I of new furniture for public areas of the Arcadia Library in the amount of $53,069.60. Recommended Action: Approve

g.

Purchase Order with Tyler Technologies for technical support and maintenance of the EnerGov Software System in the amount of $43,512. Recommended Action: Approve

h.

Accept all work performed by Vincor Construction, Inc., for the installation of electrical lighting equipment at the Arcadia Par 3 Golf Course as complete. Recommended Action: Approve

i.

Waive expenses related to traffic control services for the Santa Anita Derby Day 5K Run and Walk to be held on April 8, 2017. Recommended Action: Approve

ADJOURNMENT The City Council will adjourn this meeting in memory of Retired Arcadia Police Department Captain Charles Schneiders to April 4, 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.

Ordinance No. 2346 Registration Requirements for Unoccupied Residences March 21, 2017 Page 1 of 7

DATE:

March 21, 2017

TO:

Honorable Mayor and City Council

FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director By: Michael J. Maurer, Assistant City Attorney Jim Kasama, Community Development Administrator

SUBJECT: ORDINANCE NO. 2346 AMENDING CHAPTER 4 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE, WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR REGISTRATION OF RESPONSIBLE PARTIES FOR UNOCCUPIED RESIDENCES IN THE CITY OF ARCADIA AND TO REORGANIZE AND UPDATE THE CITY’S PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS Recommendation: Introduce SUMMARY Ordinance No. 2346 has been prepared to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish regulations and registration requirements for unoccupied residences and to reorganize and update the City’s property maintenance and nuisance abatement regulations. The Ordinance is exempt under the California Environmental Quality Act (“CEQA”) because the amendments will not have any significant effect on the environment. It is recommended that the City Council introduce Ordinance No. 2346 (Attachment 1) to address issues related to unoccupied housing. BACKGROUND Many homes throughout the City appear vacant or unoccupied. They include houses that have been built during the past few years that have never been occupied as well as homes that are occupied on a very limited basis because they are being held as investment properties or vacation/second homes. These vacancies disrupt the community fabric of the neighborhoods in which they exist. Not only is there the absence of people and the appearance of being vacant, the lack of activity and oversight often results in deferred maintenance of the buildings and the landscaping, which becomes an attraction to vermin and wildlife and potentially even vagrants. Further, the lack of a local contact person makes it difficult to address emerging issues. This became especially acute when the City implemented water restrictions in response


to the recent drought; homes that were unoccupied tended to be the biggest violators of the new regulations and the most difficult to reach in order to take corrective actions. It is not possible to require that these houses be occupied, but the vacancies and the difficulties in contacting a responsible party when there are property maintenance issues can result in prolonged detractions to the neighborhoods. Other jurisdictions with similar problems have established regulations to require a responsible party be identified that can respond to problems within 24 hours. That responsible party can be the owner, another resident that lives in the area, or a professional agent or property manager. In general, these requirements have had a positive impact in addressing problem vacancies. During the recent update to the City’s Development Code, the City Council directed staff to look into the establishment of regulations for unoccupied residences. The Development Services Department, in conjunction with the City Attorney’s office, drafted the attached Ordinance No. 2346 to establish regulations and requirements for the registration of responsible parties for unoccupied or under-occupied residences. DISCUSSION The key aspect of the proposed Ordinance is the registration requirement. The purpose of the requirement is to protect neighborhoods from the deleterious effects of unoccupied houses that are not adequately maintained. If a residence is found to be unoccupied or exhibits evidence of vacancy, the property owner will be required to register three (3) contacts with the Development Services Department that will be responsible for the property. The status of “unoccupied residence” is to be established by evidence of vacancy that has been provided and/or collected and exists for a period of at least 30 days. Houses that are actively under construction, are in escrow to be sold or transferred, and are being actively marketed by an identified listing agent will not be considered unoccupied. If an owner does not voluntarily register the contact persons, the City may post an order to register the property within seven (7) days. Registration requirements include that the Development Services Department be provided with the name and contact information for the property owner and at least two (2) other authorized agents, with one contact designated as being available on a 24-hour basis. This contact must be local and able to respond to problems at the property within one (1) hour of receiving telephone notice. Alternatively, the owner may provide as the 24-hour contact a bona fide property management company that is located within 20 miles of the City. This company can be in lieu of the two other contacts. The registration requirements also include that the owner acknowledge his/her strict liability for any failure to maintain the unoccupied property or to respond in a timely manner, and that the City may enter the property to summarily abate any substandard or nuisance conditions, including, but not limited to, the abatement of standing water


that can be breeding grounds for mosquitoes and other vectors and the abatement of coyotes, vermin, or other wildlife that have made a refuge of the property. The Development Services Department is to be notified and provided proof of occupancy when a residence becomes occupied. If the registration requirements are violated, the owner would be subject to administrative citations; however, the regulations provide for an opportunity to object to the registration requirement in order to provide proof that the residence is occupied. Property Maintenance and Nuisance Abatement In preparing Ordinance No. 2346, it was determined that Chapter 4, which addresses Property Maintenance and Nuisance Abatement, needs to be reorganized and updated. The current version of the City’s Property Maintenance and Nuisance Abatement regulations (Chapter 4 of Article IX) were adopted in 1972, and there have been numerous amendments. As a result, many items are confusing or outdated. For instance, the definitions of substandard conditions and nuisances are currently presented in three separate sections. It is proposed that these be consolidated into a single comprehensive definition section, that an ability to record a notice of violation against the property be added, and that the abatement and cost recovery procedures be updated. The proposed procedures also contain an administrative appeal process that will enable nuisance abatement orders to be adjudicated administratively at the Department Director level. Fines and Penalties Penalties for infractions are established as follows by Ordinance No. 2127 in Section 1200(b) of the Arcadia Municipal Code: (1) A fine not exceeding $100 for a first violation; (2) A fine not exceeding $200 for a second violation of the same provision within one year; and (3) A fine not exceeding $500 for a third and for any additional violation of the same provision within one year. Each violation can be considered a separate offense for each and every day. Generally, however, a period of up to two weeks is allotted for compliance of property maintenance violations. This provides adequate notice to the property owner, including time for a mailed notice to have been received, and for compliance to be initiated.


Planning Commission Hearing The Planning Commission held a public hearing on February 28, 2017, for the consideration of Text Amendment No. TA 17-01, and a draft of Ordinance No. 2346. After concluding the public hearing, the Commission discussed several aspects of the proposed Ordinance and voted unanimously to recommend that the Ordinance be presented to the City Council. Along with their recommendation of approval, the Commissioners directed staff to forward the following comments. The section and page numbers are in reference to the attached proposed Ordinance No. 2346 (Attachment No. 1) and the staff response to the comments are shown in italics. 

Commissioner Thompson sent the attached list of comments (Attachment No. 2) that have been annotated with responses.



Chairman Lin suggested that under the registry violations provisions (9406.4 - p.23) it should be clearer that an owner can only object to the finding that the residence is unoccupied. Unless the owner shows that the residence is occupied, the owner will have to register the property in accordance with the Ordinance.



Chairman Lin and Commissioner Chiao suggested that the definition of “Owner” should be revised to avoid disputes over legal versus equitable title ownership, and so that this cannot be used to establish ownership by someone claiming to have an “interest in the property;” however, it is necessary to be as broad as possible so that as many people are put on notice to be responsible for an unoccupied residence. The definition of “owner” remains the same in the Ordinance presented to the City Council.



Commissioner Chiao said that the filing of a ‘lis pendens’ (claim has been filed, notice provided) in conjunction with the recording of notices and liens would increase the accountability and responsiveness of the parties involved. Section 9404.4 provides that a notice of violation may be recorded on a property’s title. Section 9405.4 enables the City to record a lien against the property for the costs of abatement. A Section can be added (i.e., 9406.4.A.5) to enable the recording of a notice of violation and order to register the property. This will clarify that a notice of violation can be recorded for these new regulations.



Commissioner Chiao suggested using a term other than “deteriorated” to describe substandard conditions (9402.6.C - p. 4) or that it be qualified so that a significant or noticeable amount of deterioration is the standard for a violation and/or citation.


The operating standard is that the deterioration or damage is noticeable by the public, which includes from an adjacent property. 

Vice Chairman Chan expressed concerns that the registration requirement could be unduly burdensome for those whose homes in Arcadia are a second or third home, and that the registration requirement could be seen as discriminatory because most, if not all, of the houses that would be deemed unoccupied are likely to be owned by Asians. The Ordinance is intended to benefit the owners of unoccupied residences, as well as the surrounding community. By establishing a contact person or persons, the City can provide notice of potential substandard conditions or other problems developing at the property. This will help to preserve the value of the surrounding neighborhoods, as well as of the unoccupied properties. It will also enable the City to address substandard conditions that may arise when the residence is not occupied throughout the year. The Ordinance is equally applicable to all unoccupied properties, without regard to the nationality or other characteristics of the owners.



Chairman Lin suggested that there not be a fee for registering. The Commission generally agreed that a fee is unnecessary and would dissuade many owners from registering. Chairman Lin added that there should be sufficient advance notice of the registration requirement and that the cost of the program could be offset by imposing greater fines on non-registrants. A registration fee is not a requirement of the program and the requirement can be removed from the proposed Ordinance. The ability to contact a responsible party that will respond in a timely manner is beneficial to both the City and the owner and should not be burdensome. On the other hand, the lack of response to property maintenance problems is a burden to the City, and the failure of an owner of an unoccupied residence to provide the requisite information to the City should be considered an egregious violation of their civic responsibility, and imposing administrative fines aggressively would be appropriate. As for sufficient advance notice of the registration requirement, the proposed Ordinance provides for a 30-day period for the establishment of an unoccupied residence. Staff will also try to have the registration requirement well publicized through the press, with local realtors, and in City publications.



Commissioner Lewis suggested that the registry should be presented as a way to assist the owners with the maintenance and security of their houses. Having the ability to contact a responsible party in the case of property maintenance problems or other issues is beneficial to the owner as well as to the City. Akin to the Police Department’s Vacation Home Check program by their


Volunteers in Patrol Services (“VIPS”), having a contact that will respond in a timely manner adds to the safety and security of the house and the neighborhood. As noted above, the Planning Commission recommends that there not be a fee for registering, but that greater fines should be imposed on non-registrants. The Commission also recommends that there be sufficient advance notice of the registration requirement. If the registration requirements are well-publicized, and the owner of an unoccupied residence is given notice that the residence may be subject to the registration requirement as provided for in the proposed Ordinance, including the 30day period for establishing the status of unoccupied residence, there would have been more than adequate notice. If after such notice, an owner fails to register, each day can be considered a separate violation. Based on the above penalty provisions, if each day an unoccupied residence is not registered is considered a violation, the penalty would be substantial in a few days. If implemented in this manner, the establishment of penalties separate from the above need not be established. FINDINGS The establishment of the Property Maintenance and Nuisance Abatement regulations was based on widely accepted determinations that such situations are significant threats to the health, safety, and general welfare of the community. The potential for substandard conditions at unoccupied residences, as well as there not being a responsible party that will readily respond to such conditions are the bases for the proposed Ordinance. PUBLIC NOTICE A Public Hearing Notice of the proposed ordinance was published in the Arcadia Weekly on March 9, 2017. As of Wednesday, March 15, 2017, no comments have been received in response to the notice. ENVIRONMENTAL ASSESSMENT Ordinance No. 2346 has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The proposed Ordinance will have no significant effect on the environment and is therefore not a “project” for purposes of CEQA. As such, no further environmental review is required. Pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15060(c)(2), CEQA does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Similarly, under State CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility of a significant effect on the environment, the activity is not subject to CEQA. Finally, under State CEQA Guidelines Section 15378(b)(5), CEQA does not


apply to administrative activities of governments that will not result in direct or indirect physical changes in the environment. Here, the proposed Ordinance merely rearranges an existing City ordinance, and establishes a registration process for vacant properties. The proposed Ordinance does not change land use designations, development regulations, or permit or prohibit development. Therefore, no environmental impacts will occur. A Preliminary Exemption Assessment is attached. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2346 amending Chapter 4 of Article IX of the Arcadia Municipal Code, with an Exemption under the California Environmental Quality Act (“CEQA”), to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s Property Maintenance and Nuisance Abatement Regulations.

Attachments: 1. 2. 3.

Ordinance No. 2346 Planning Commissioner Thompson’s Comments – Annotated Preliminary Exemption Assessment

Attachment No. 2 Planning Commissioner Thompson’s Comments - Annotated

Attachment No. 2 Planning Commissioner Thompson’s Comments - Annotated

Date: February 27, 2017 To: Jim Kasama, Community Development Administrator From: Brad Thompson, MAI, AI-GRS, SR/WA Observations, Recommendations, Questions Staff Report Page 2/Draft Ordinance Page 22: The Staff Report states 3 responsible contacts, but the Ordinance states 2 responsible contacts. It will be 3 responsible contacts total. The ordinance requires the property owner plus 2 others. The ordinance contains an exception if one of the contacts is a bona fide property management company that can respond in a timely fashion. Draft Ordinance Page 4 (9402.4 Premises): The Premises definition includes "walkway and sidewalks". If the walkway and sidewalk is within the public right of way is that part of the Premises? Does the walkway and sidewalk fall within the financial responsibility of the Owner? The walkway and sidewalk are not necessarily within the financial responsibility of the owner. The parkway and sidewalk are primarily maintained by the City or another organization (e.g., if there is a landscape assessment district, an HOA, etc.). However, the goal of this Ordinance is to remove nuisance conditions. If an owner creates a nuisance in a parkway, the City will be able to abate it. If for example, trash spills over into the sidewalk and/or parkway, the City will be able to hold the owner responsible. Draft Ordinance Page 6, Item O: The Ordinance states ". . . other than on a lawfully installed paved surface. . ." I would suggest that trailers, campers, boats and RV's not be allowed to be stored within front yard areas regardless of paved versus unpaved. Other parts of the Municipal Code or Development Code state where vehicles can be parked on private property, and we have codes for inoperable vehicles. The phrase is derived from an existing provision, which we may be able to fine tune. Also, we should note that it only applies to a lawfully installed paved surface. Draft Ordinance Page 8, Item P, Subsection 14: "The failure to keep the sidewalk and parkways in front of any house . . . in a clean and wholesome condition." Does clean and wholesome include the financial responsibility for repair of said sidewalk, even if the sidewalk is in the public right of way? There is a provision of State law that allows sidewalk repair to be the responsibility of the adjacent owner. Arcadia has not adopted this rule. However, the Ordinance is intended to address substandard/nuisance conditions. The ordinance is intended to address conditions created by an owner’s lack of maintenance. This is not to address standard repairs.

Brad Thompson Observations, Recommendations, Questions February 27, 2017 – Page 2

Draft Ordinance Page 9, Item W: The Ordinance states "Infestation of coyotes, vermin or other wildlife." Infestation is a high threshold, I would suggest changing the word infestation to existence or presence. The Ordinance has been revised to state that the property shall not become a “refuge for coyotes, vermin, or other wildlife,” which is consistent with the registration portion of the ordinance. Draft Ordinance Page 10, Item E: The Ordinance states “Nothing in this Code shall be deemed to provide authority or permission to trim or remove trees within the parkway area.” I would also include language that precludes removal of any and all protected trees on the Premises, regardless of location, not just within the parkway. This has been added to the Ordinance. Draft Ordinance Page 13, Item B: The Ordinance states “. . . The hearing may be continued from time to time.” Continued by whom? If continuance is allowed “from time to time” by the Owner, unnecessary delays may occur. A hearing can only be continued by the hearing officer. The ordinance does not contain a right to a continuance. In any event, the Ordinance has been revised to state, “the Director or designee may continue the hearing from time-to-time.” Draft Ordinance Page 15, Item B: The Ordinance states “. . . Any extensions shall only be granted upon the person subject to the order agreeing to the extensions and any conditions of the extensions.” Is it necessary for the owner to agree to an extension? Yes, it is necessary for the Owner to agree. The goal is to create a collaborative effort with the owner. Improvements can take time; if the owner is diligently pursuing them, the City will consider allowing extensions of time. Draft Ordinance Page 25, Item C: The Ordinance states "Unoccupied properties shall be maintained so as not to become a refuge for, or infested by coyotes, vermin or other wildlife." Infested is a high threshold, I would suggest changing the word infested to existence or presence. See response above to comment on Draft Ordinance Page 9, Item W.

Attachment No. 3 Preliminary Exemption Assessment

Attachment No. 3 Preliminary Exemption Assessment

PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1.

Name or description of project:

2.

Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name):

3.

4.

Entity or person undertaking project:

An Ordinance to amend Chapter 4 of Article IX of the Arcadia Municipal Code to establish requirements and regulations for registration of responsible parties for unoccupied residences in the City of Arcadia and to reorganize and update the City’s property maintenance and nuisance abatement regulations Citywide

A.

City of Arcadia Development Services Department

B.

Other (Private) (1)

Name

(2)

Address

Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.

The proposed action does not constitute a project under CEQA.

b.

The project is a Ministerial Project.

c.

The project is an Emergency Project.

d.

The project constitutes a feasibility or planning study.

e.

The project is categorically exempt. Applicable Exemption Class:

f.

The project is statutorily exempt. Applicable Exemption:

g.

The project is otherwise exempt on the following basis:

h.

The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency:

Date:

February 14, 2017

Preliminary Exemption Assessment

Staff:

Jim Kasama, Community Development Administrator

FORM “A”

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

Amundson, Chandler, Tay, Verlato, and Beck None

PUBLIC COMMENTS - No one appeared. CLOSED SESSION a.

Pursuant to Government Code Section 54956.9(d)(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

Closed Session Item b was tabled to the March 21, 2017, City Council meeting. No reportable action was taken on Closed Session Item a. The meeting adjourned at 6:57 p.m. REGULAR CITY COUNCIL MEETING 7:00 p.m. CALL TO ORDER – Mayor Beck called the regular meeting to order at 7:05 p.m. INVOCATION – Reverend Julie Bryant, Church of the Transfiguration PLEDGE OF ALLEGIANCE – Margaux Vierra ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: ABSENT:

Amundson, Chandler, Tay, Verlato, and Beck None

REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION ITEMS City Attorney Deitsch announced that the City Council met in a Closed Session to consider Item a on the posted agenda under Closed Session; no reportable action taken; and that Item b was tabled to the March 21, 2017, City Council Meeting. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto stated there was no supplemental agenda information.

1

03-07-2017

MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Tay and seconded by Council Member Chandler 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 Margaux Vierra appeared and announced that the Los Angeles Arboretum will be having a Lucky Baldwin Poker Tournament on June 10 and that all monies raised will go toward the preservation of the Arboretum’s historic structures. Alberta Walker, an Arcadia resident, presented Mayor Beck with a poster of the extension of the Gold Line event, and presented City Clerk Glasco with a poster of photos from the Vietnam Memorial event. Hans Gustafsson, an Arcadia resident, appeared and expressed concerns over the Airbnb rental activity in the City, and asked the City Council to consider adding it on a future agenda for discussion; and shared an incident that occurred at a house listed as an Airbnb. City Manager Lazzaretto responded that staff is working on an Ordinance regarding Airbnb’s, and encouraged the public to stay involved, and stated that the City will continue working on this matter until a resolution is found. Tracy Reiman appeared on behalf of PETA, explained their opposition to the trapping of coyotes, and stated that PETA is committed to litigating this matter; and urged the City Council to reconsider their decision. Lawrence C. Papp, an Arcadia resident, appeared and expressed safety concerns at the intersection of Sycamore Avenue and Santa Anita Avenue; he stated that there are not enough street lights in the area and asked the City Council to look into the matter; he commented on the City’s General Fund expenditures and suggested the City follow the US Government Cost of Living Index; he also commented on Arcadia’s Pension Plan and suggested the City consider an Ordinance to control the compensation of pension plans. Mayor Beck responded to Mr. Papp’s inquiry regarding the street light poles; and City Manager Lazaretto responded that the Traffic Safety Committee will look into the matter. Steve Rhee, an Arcadia resident, appeared and expressed his concerns for the safety of the students at Baldwin Stocker Elementary School; he explained safety issues regarding the “drop off zone”; and urged the City Council to give the Arcadia Police Department more resources in order to control traffic throughout the schools.

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03-07-2017

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 Chandler announced that he attended the Mayor’s Community Breakfast and commented on how nice the event turned out; he commented on Mr. Rhee’s concerns regarding traffic problems at schools, and indicated that the Police Department is well aware of the problem and is taking proper action. Mayor Pro Tem Amundson stated that Council Members have received letters from concerned residents regarding the coyote problem and read some of the letters; he also read a letter from a resident that he received thanking Planning Services Manager Lisa Flores and Senior Planner Amanda Landry for their quick response to their situation; he announced that last week was the groundbreaking of one of many mixed-used developments in the Downtown Arcadia area; and commented on the excitement growing in Downtown Arcadia. Council Member Verlato announced that she attended the 626 Golden Street event, the mixeduse development groundbreaking at 57 Wheeler in Downtown Arcadia, the Mayor’s Community Breakfast, the Arcadia High School Orchestra Benefit Dinner, the Methodist Hospital Mardi Gras fundraiser event, and the Park Funding 101 meeting; she also commented on the safety concerns and traffic problems at the schools and indicated that a program is needed in order to get students safely to school. Council Member Tay also stated that he attended the Arcadia High School Orchestra Benefit Dinner, the Methodist Hospital Mardi Gras Fund Raiser, and the 626 Golden Street event. City Clerk Glasco thanked Ms. Walker for the Vietnam Memorial photo montage; he noted that he also attended the Mayor’s Community Breakfast; he announced Board and Commission openings; he stated that the tax filing deadline is Tuesday, April 18; and that daylight saving time begins on March 12. Mayor Beck also thanked Ms. Walker for the posters; he responded to Mr. Rhee’s complaints about school traffic and stated that the Police Department has limited resources; he thanked City Manager’s office staff Leana Shakarian, Mary Buttice, and Mike Bruckner for putting the Mayor’s Community Breakfast together; he also announced that he attended the Methodist Hospital Mardi Gras fundraiser; and that he gave the State of the City speech on March 2 and gave a speech at the 626 Golden Street event. 1.

CONSENT CALENDAR 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

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03-07-2017

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

It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to approve Consent Calendar Item 1.a through 2.h. AYES: NOES: ABSENT:

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

ADJOURNMENT Mayor Beck adjourned this meeting at 8:06 p.m. in memory of Dorothy Cunningham to March 21, 2017, 6:00 p.m. in the City Council Chamber Conference Room.

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03-07-2017

DATE:

March 21, 2017

TO:


FROM:

Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning Services Manager By: Amanda Landry, AICP, Senior Planner

SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECTURAL RESOURCES GROUP, INC. TO PROVIDE HISTORIC PRESERVATION CONSULTING SERVICES; AND A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $29,750 Recommendation: Approve SUMMARY In 2015, the City Council authorized a Professional Services Agreement with Architectural Resources Group, Inc. (“ARG”) to complete an historic context statement with a reconnaissance and intensive-level historic resources survey. That work has since been completed, and it is now recommended that a Professional Services Agreement be approved with ARG in the amount of $29,750, plus a 10% contingency, to provide additional consulting services to draft a Historic Preservation Ordinance, develop a Mills Act Property Tax Abatement Program, and help establish a review authority. BACKGROUND In 2014, the Development Services Department distributed a Request for Proposals (“RFP”) for assistance with a multi-phase historic resources survey, and the potential development of a historic preservation program. After reviewing seven submitted proposals, the City Council authorized a Professional Services Agreement with ARG in July 2015 to complete the survey portion of the work for a total cost of $96,985. This first phase of the project included a historic context statement and reconnaissance survey, which identified all contexts and themes under which historic resources may be significant in Arcadia, and included registration requirements (eligibility standards), integrity considerations, and lists of known resources. The project also included an intensive-level survey of the resources identified in the reconnaissance work. This involved reviewing building-specific data on all eligible resources and the development of a database of these resources.

Professional Services Agreement with Architectural Resources Group, Inc. March 21, 2017 Page 2 of 3

As a result of the survey work, ARG identified a total of 188 potential historic resources, including 165 potential individual buildings, 11 potential historic districts, and 12 potential non-building resources (structures, objects and sites). ARG also participated in a series of community meetings that were held in October and December of 2016 to inform the public about the survey process and findings and obtain feedback. The historic resources survey did not designate properties under the federal (National Register) or state (California Register) programs, or establish a local (City of Arcadia) program. Although the survey provides recommendations regarding the eligibility of a property, no actual designations resulted from the process. In response to the original RFP, ARG also provided an estimate of costs for potential “next steps” that the City could take once the survey work was completed. These next steps, or Phase 2 of the project, were to include recommendations for potential development of a Historic Preservation Ordinance, participation in the Mills Act tax program, and recommendations on the need for a review authority or other staffing/consulting options. These next steps were not part of the 2015 contract; rather, they were requested to get a sense of what the subsequent actions could be if the City Council wished to move forward with additional preservation work. At a Special Meeting of the City Council on February 1, 2016, the City Council directed staff to move forward with ARG into Phase 2 of the project: To develop a Historic Preservation Program, which includes a Historic Preservation Ordinance, a Mills Act Property Tax Abatement Program, and the establishment of a review authority within the City. DISCUSSION In response to City Council direction, ARG has proposed a scope of services broken down into three tasks: Task 1 would address the development of a draft Historic Preservation Ordinance. This task would include up to four public workshops to solicit feedback from the public regarding goals and concerns that should be addressed in any potential ordinance as well as close coordination with City staff on the content of the final draft ordinance. Task 2 includes the development of a Mills Act Property Tax Abatement Program ordinance. This task would include coordination with staff to develop appropriate application procedures and materials unique to Arcadia’s program, and ARG’s attendance at two public hearings or workshops with the City Council. Task 3 includes the establishment of a review authority. At the February 1 Special Meeting, the City Council identified the Planning Commission as the


most likely existing policy body to assume the role of review authority. ARG would prepare and conduct a training session for City staff and Commissioners on the appropriate administration of an historic preservation program. The total cost of the proposed scope of services is $29,750 – refer to Attachment No. 1. The proposed scope of work includes multiple opportunities for public participation and the solicitation of feedback from the public is heavily emphasized to ensure the proposed historic preservation ordinance adequately addresses public concerns. As such, a 10% contingency is requested to address any unforeseen expenses related to the proposed scope of work. Establishing the program outlined in the scope of services would provide clarity and certainty to property owners, as well as establish financial incentives for property owners who wish to participate in the voluntary rehabilitation of historic resources. CONFLICT OF INTEREST The City routinely discloses any potential conflicts of interest associated with Professional Services Agreements. As previously established in the request for authorization of the original Professional Service Agreement with ARG, City Manager Dominic Lazzaretto has a personal relationship with Katie Horak, one of the Principals of ARG, as well as with other members of the firm. Mr. Lazzaretto’s spouse is a Principal and partial owner of a competing historic preservation firm, Historic Resources Group. Mrs. Lazzaretto and Ms. Horak attended graduate school together and presently sit on the board of DOCOMOMO-SoCal, a local preservation organization. Mrs. Lazzaretto has similar personal and professional relationships with members of every qualified firm operating in the region, as the field is small. As such, it was not possible to avoid the potential for a conflict of interest. In light of this, Mr. Lazzaretto completely removed himself from the request for proposals process for the initial contract and had no involvement with the interviews or the recommendation before the City Council. He has further had no involvement in this phase of negotiations with ARG. The City Attorney’s office was previously made aware of this matter and opined that the City could move forward with the recommendation based on these facts. ENVIRONMENTAL ANALYSIS The development of a Historic Preservation Ordinance is considered a project pursuant to the California Environmental Quality Act (“CEQA”) and the appropriate CEQA review would be performed in conjunction with the development of the Ordinance. Staff will prepare the required CEQA documentation. The contract itself is not a project per CEQA.


FISCAL IMPACT The proposed budget for the scope of work is $29,750, with a 10% contingency ($2,975), for a maximum total cost of $32,725. It is important to note that much of the budget is based on the need for public meetings and outreach efforts. If all of the meetings identified are not needed, this funding will not be expended. The funding for this effort would come from General Fund Reserves that have not previously been budgeted or programmed. Therefore, a supplemental appropriation of $32,725 is necessary. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with Architectural Resources Group, Inc., to provide historic preservation consulting services; and approve a supplemental budget appropriation in the amount of $29,750, plus a 10% contingency.

Attachment No. 1: ARG Letter Proposal Attachment No. 2: Proposed Professional Services Agreement

Attachment No. 1 Proposal for Historic Preservation Consulting Services from Architectural Resources Group

February 14, 2017 Jason Kruckeberg, Asst. City Manager/Dev. Services Director City of Arcadia Planning Division 240 West Huntington Drive Arcadia, CA 91066 Re: City of Arcadia, Proposal for Historic Preservation Consulting Services Related to the Development of a Historic Preservation Program Dear Mr. Kruckeberg: Architectural Resources Group (ARG) is pleased to transmit this proposal for historic preservation consulting services related to the development of a historic preservation program for the City of Arcadia. This proposal follows ARG’s preparation of a Citywide Historic Resources Survey for Arcadia in 2015‐16 and participation in a series of public meetings aimed at informing the public about the survey process and findings. Per our original proposal dated February 27, 2015 (in response to a Request for Proposal for a Historic Resources Survey and Historic Preservation Program Assistance), we delineated a series a next steps that the City of Arcadia might decide to take in order to develop a historic preservation program in the City. These next steps include the drafting and adoption of a Historic Preservation Ordinance, the development and implementation of a Mills Act Property Tax Abatement Program, and the establishment of a review authority within the City. In the following, we are pleased to provide our understanding of the scope of services of this phase of work, with associated fees (also described in the attached fee spreadsheet). Task 1: Historic Preservation Ordinance 1.1 ARG will conduct two workshops with City staff. At the first workshop, ARG will provide information about historic preservation ordinances (content and implementation) and solicit feedback from staff regarding the goals of the ordinance. At the second workshop, a draft of the ordinance will be reviewed and discussed.

1.2 ARG will conduct up to four workshops, open to the public, at which the concept of a historic preservation ordinance will be provided and feedback will be solicited. This will be an opportunity to gather thoughts, goals and concerns from the public regarding the development and enforcement of an ordinance. 1.3 Based on feedback from City staff, ARG will prepare a draft ordinance for staff review and discussion. Upon receipt of comments on the draft, ARG will prepare a final draft for presentation to City Council. 1.4 ARG will attend two public hearings and/or workshops at which the ordinance will be presented and considered by City Council. Subtotal labor: $19,350 Reimbursable allowance: $350.00 Subtotal, Task 1: $19,700.00

Task 2: Development of a Mills Act Program 2.1 Based on discussions with City staff in an initial meeting, draft a Mills Act Property Tax Abatement Program ordinance, which will detail the processes and procedures of the City’s program. The draft will be submitted to City staff for review and revised based on staff feedback. 2.2 ARG will attend two public hearings and/or workshops at which the Mills Act ordinance will be presented and considered by City Council. 2.3 In collaboration with City staff, ARG will develop Mills Act application procedures and materials specific to Arcadia’s program. Subtotal labor: $8,050.00 Reimbursable allowance: $150.00 Subtotal, Task 2: $8,200.00 Task 3: Establishment of a Review Authority 

ARG will prepare and conduct a training session for City staff and, potentially, commissioners. Session topics may include historic preservation basics, application of local eligibility criteria, assessing integrity, interpretation of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, understanding and enforcing the California Environmental Quality Act (CEQA), and managing change in historic districts.



Subtotal labor: $1,800.00 Reimbursable allowance: $50.00 Subtotal, Task 3 (one training session): $1,850.00

PROJECT TOTAL ALL TASKS, NOT‐TO‐EXCEED: $29,750.00 On behalf of ARG, I’d like to thank you for the opportunity to continue our work with you and the City of Arcadia. Please don’t hesitate to contact me, should you have any questions, at (626) 583‐1401, extension 103. Most sincerely, Katie E. Horak Principal Sent via: email

City of Arcadia | Development of a Historic Preservation Program

February 8, 2017

Attn: Jason Kruckeberg Principal / PM

Architectural Historian II

Task Subtotal

10

10

$3,250

20

20

$6,500

10

40

$7,000

8

8

$2,600

1 PRESERVATION ORDINANCE 1.1 Agency Workshops (2) Administer and conduct a workshop with City staff at the beginning of the process to discuss goals for a historic preservation ordinance. Before the first workshop, provide sample ordinances for staff review and consideration. Conduct a second workshop after a draft has been reviewed by City staff, in order to discuss possible revisions/additions. 1.2 Public Workshops (4) Administer and conduct up to four workshops at which the development of a historic preservation ordinance is presented and discussed to the public. The purpose of these workshops will be to describe the purpose of an ordinance, provide information about what it might include, and solicit feedback from the public. 1.3 Draft Historic Preservation Ordinance Based on input from City staff at the kick‐off workshop, draft a historic preservation ordinance for the City of Arcadia. Submit to City staff for review. Upon staff review of the draft ordinance, make revisions based on staff suggestions and input. Submit a second draft ordinance for review and consideration by staff, the Planning Commission, and City Council. 1.4 Public Hearings/Workshops Attend two public hearings and/or workshops (Planning Commission and City Council, unless otherwise requested by staff) at which the draft ordinance will be considered. Total Hours

48

78

$200

$125

Subtotal Labor

$9,600

$9,750

Subtotal, ARG Labor

$19,350

Rate/Hr.

Reimbursables (estimated) TOTAL NOT‐TO‐EXCEED FEE, TASK 1

$350 $19,700

Principal / PM


Task Subtotal

8

24

$4,600

6

6

$1,950

0

12

$1,500

2 DEVELOPMENT OF A MILLS ACT PROGRAM 2.1 Draft Mills Act Ordinance Assist City staff with interpretation of the California Mills Act Property Tax Abatement program, draft a Mills Act Ordinance for City staff review. Based on staff comments, revise the draft Mills Act Ordinance. Includes one meeting with City staff. 2.2 Public Hearings/Workshops Attend two public hearings (Planning Commission and City Council, unless otherwise requested by staff) at which the adoption of a Mills Act program will be considered. 2.3 Develop Mills Act Application Procedures and Materials Develop application procedures and materials specific to the City of Arcadia. Total Hours

14

42

$200

$125

Subtotal Labor

$2,800

$5,250

Subtotal, ARG Labor

$8,050

Rate/Hr.

Reimbursables (estimated) TOTAL NOT‐TO‐EXCEED FEE, TASK 2

$150 $8,200

Principal / PM


Task Subtotal

4

8

$1,800

3 ESTABLISHMENT OF A REVIEW AUTHORITY 3.1 Training Sessions Conduct a historic preservation training session for City staff and commissioners. Possible training sessions might include (and are not limited to): historic preservation basics, application of local eligibility criteria, assessing integrity, interpretation of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, understanding and enforcing the California Environmental Quality Act (CEQA), and managing change in historic districts. Includes time for one training session and preparation. Total Hours Rate/Hr. Subtotal Labor Subtotal, ARG Labor Reimbursables (estimated) TOTAL NOT‐TO‐EXCEED FEE, TASK 3

PROJECT TOTAL ALL TASKS:

4

8

$200

$125

$800

$1,000

$1,800 $50 $1,850

$29,750

1 /1

CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING HISTORIC RESOURCES 1.

PARTIES AND DATE.

This Agreement is made and entered into this ____ day of ______________, 2017 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066-6021 ("City") and Architectural Resources Group, Inc., a California corporation, with its principal place of business at 8 Mills Place, Suite 300, Pasadena, CA 91105 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2.

RECITALS. 2.1

Consultant.

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

Project.

City desires to engage Consultant to render such services for the Historic Resources Survey and Historic Preservation Program Assistance project (“Project”) as set forth in this Agreement. 3.

TERMS. 3.1

Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional historic resources services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from March 22, 2017 to June 30, 2019, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established

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schedules and deadlines. Consultant is not responsible for delays from causes beyond its reasonable control. 3.2

Responsibilities of Consultant.

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

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3.2.5 City’s Representative. The City hereby designates Jason Kruckeberg, Assistant City Manager/Development Services Director, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates Katie E. Horak, Senior Associate, or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall exercise due professional care to perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being practiced by reputable professionals performing similar work under similar circumstances at the same general time and location in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall exercise due professional care to keep itself informed of and in compliance with local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection

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with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Immigration Reform and Control Act. Consultant represents that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement shall exercise due professional care with respect to their compliance with the Immigration Reform and Control Act ("IRCA"). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant’s policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer’s consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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

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

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

Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which received the City’s prior written authorization, for all Services rendered under this Agreement at the flat fees specified under each task as set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty-two thousand seven hundred and twenty five dollars ($32,725) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered for each task by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the

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Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4

Accounting Records.

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

General Provisions. 3.5.1 Termination of Agreement.

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

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Consultant: Architectural Resources Group, Inc. 8 Mills Place, Suite 300 Pasadena CA 91105 Attn: Katie E. Horak, Principal City:

City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 Attn: Jason Kruckeberg, Assistant Development Services Director

City

Manager/

Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Such Documents & Data shall only be transmitted to City upon final payment of all monies due to Consultant. City shall not make any modification to the Documents & Data. City agrees, to the extent permitted by law, to indemnify, defend and hold Consultant harmless from any claim, liability, or cost (including reasonable attorneys’ fees and costs of defense) arising out of any modification of the Documents & Data by City, City’s consultants, or any person or entity which acquires or obtains the Documents & Data. Consultant may retain one copy of all Documents & Data for its own records and protection. 3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the

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performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. 3.5.5.1 To the extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding arising from Consultant’s performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement.

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3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. provision of this Agreement.

Time is of the essence for each and every

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. Coordination between Architectural Resources Group and City’s consultants is a reciprocal and mutual obligation. City agrees to mutual coordination between Consultant and Clients consultants. ARG shall have no responsibility for the technical accuracy of adequacy of the work of others. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Neither City nor Consultant shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of both Parties. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise

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specified in this Agreement. All references to City include its elected officials, officers, and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to

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undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. 3.6

Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

[SIGNATURES ON THE NEXT PAGE]

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In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA

ARCHITECTURAL RESOURCES GROUP, INC.

By_________________________ Dominic Lazzaretto City Manager

By ___________________________ Signature

Date: ______________________

______________________________ Print Name and Title

ATTEST:

Date: _________________________

___________________________ City Clerk

By____________________________ Signature

APPROVED AS TO FORM:

______________________________ Print Name and Title

___________________________ Stephen P. Deitsch City Attorney

Date: _________________________ CONCUR: ______________________________ Jason Kruckeberg Assistant City Manager/Development Services Director

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Exhibit "A" SCOPE OF SERVICES Consultant will provide historic resources services as outlined below:

Task 1: Historic Preservation Ordinance 1.1

ARG will conduct two workshops with City staff. At the first workshop, ARG will provide information about historic preservation ordinances (content and implementation) and solicit feedback from staff regarding the goals of the ordinance. At the second workshop, a draft of the ordinance will be reviewed and discussed.

1.2

ARG will conduct up to four workshops, open to the public, at which the concept of a historic preservation ordinance will be provided and feedback will be solicited. This will be an opportunity to gather thoughts, goals and concerns from the public regarding the development and enforcement of an ordinance.

1.3

Based on feedback from City staff, ARG will prepare a draft ordinance for staff review and discussion. Upon receipt of comments on the draft, ARG will prepare a final draft for presentation to City Council.

1.4

ARG will attend two public hearings and/or workshops at which the ordinance will be presented and considered by City Council.

Task 2: Mills Act Property Tax Abatement Program 2.1

Based on discussions with City staff in an initial meeting, draft a Mills Act Property Tax Abatement Program ordinance, which will detail the processes and procedures of the City’s program. The draft will be submitted to City staff for review and revised based on staff feedback.

2.2

ARG will attend two public hearings and/or workshops at which the Mills Act ordinance will be presented and considered by City Council.

2.3

In collaboration with City staff, ARG will develop Mills Act application procedures and materials specific to Arcadia’s program.

Task 3: Establishment of a Review Authority 3.1

ARG will prepare and conduct a training session for City staff and, potentially, commissioners. Session topics may include historic preservation basics, application of local eligibility criteria, assessing integrity, interpretation of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, understanding and enforcing the California Environmental Quality Act (CEQA), and managing change in historic districts.

Exhibit "B" SCHEDULE OF SERVICES The services for the project shall commence upon execution of this Agreement and the Project will be completed by June 30, 2019.

Exhibit "C" COMPENSATION Total compensation is based on the Tasks outlined in the Scope of Work Exhibit “A.” This would be on a not to exceed basis in the amount of $29,750, plus a ten percent contingency of $2,975, totaling $32,725. Task One: $19,700 Task Two: $8,200 Task Three: $1,850 Contingency (10%): $2,975 Total:

$32,725

Municipal Stormwater and Industrial Waste Program Support Services March 21, 2017 Page 1 of 3

DATE:

March 21, 2017

TO:


FROM:

Tom Tait, Public Works Services Director Prepared by: Vanessa Hevener, Environmental Services Officer

SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR INSPECTION, MONITORING, AND MANAGEMENT SUPPORT FOR THE MUNICIPAL STORMWATER AND INDUSTRIAL WASTE PROGRAMS IN THE AMOUNT OF $94,827 Recommendation: Approve SUMMARY The Public Works Services Department recently solicited bids for a professional services agreement (“PSA”) to administer program support services for the City’s Municipal Stormwater and Industrial Waste Programs. These programs prohibit the discharge, or the potential for discharge, of illicit substances into the City’s streets, storm drains, and sewer system. The anticipated contract will include routine field inspections, monitoring, and program management support services for both programs. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with John L. Hunter & Associates, Inc. for inspection, monitoring, and management support for the municipal stormwater and industrial waste programs in the amount of $94,827, with the option of three one-year extensions. DISCUSSION The Los Angeles Regional Board adopted the new municipal stormwater permit on October 8, 2012, which became effective on December 28, 2012. With the adoption of the new permit, the City of Arcadia will be required to perform a number of new stormwater activities/programs and develop a variety of capital improvements needed to comply with new and more stringent stormwater and runoff regulations. This includes an increase in the City’s minimum control measure activities, maintenance of best management practices (“BMPs”), construction inspections, stormwater mitigation plan checks, water quality monitoring, and public education/outreach which includes articles in the City’s newsletter, Hot Sheet, Earth Day ad, and other City publications.


The City’s current Stormwater & Industrial Waste Programs include elements of inspection, monitoring, enforcement, public outreach, staff training, and administrative services. Of these services, a significant portion of the inspection and plan review contract costs are recovered through permitting fees, plan check fees, and inspection fees. However, due to the complexity of State mandates for the Stormwater Permit and Industrial Waste Programs, it is necessary to retain an environmental consultant with the expertise and experience to support the City with implementation of BMPs, inspections, plan checking, reporting requirements, and administration. Request for Proposals (“RFPs”) were sent to environmental consultants and advertised in the local newspaper. A total of three proposals were received, reviewed, evaluated, and ranked by staff with the following results: RANK

FIRM

LOCATION

COST

1. 2. 3.

John L. Hunter and Associates, Inc. Charles Abbott Associates, Inc. CASC Engineering and Consulting

Buena Park Mission Viejo Burbank

$ 94,827 $149,574 $161,530

Staff reviewed the three proposals and ranked each environmental firm according to ability, qualification, experience, past success, and responsiveness to the RFPs criteria. John L. Hunter & Associates, Inc. was rated highest based on a complete evaluation of the above points, as well as overall cost. It was evident from reviewing the RFPs that John L. Hunter & Associates, Inc. better demonstrated their ability to provide inspection services and possessed stronger field and program knowledge of both programs. John Hunter & Associates, Inc. has provided environmental consulting services for the City and is the Chair for the Los Angeles County Executive Advisory Committee, comprised of City representatives subject to the Los Angeles County Municipal Stormwater Permit. FISCAL IMPACT The total annual cost of the contract is $94,827. There is sufficient funding in the operating budget of Sewer and Stormwater for these services. Approximately $50,000 of the contract is recovered through permitting fees, plan check fees, and inspection fees paid to the City by applicants, developers or business owners. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the municipal stormwater and industrial waste programs in the amount of $94,827, with the option of three one-year extensions.


Attachment: Proposed Professional Services Agreement

CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING INSPECTION, MONITORING, AND PROGRAM MANAGEMENT OF THE CITY’S MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL WASTE PROGRAMS 1.

PARTIES AND DATE.

This Agreement is made and entered into this ____ day of ______________, 2017 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066-6021 ("City") and John L. Hunter & Associates, Inc., a California Corporation, with its principal place of business at 6131 Orangethorpe Avenue, Suite 300, Buena Park, CA 90620 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2.

RECITALS. 2.1

Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing inspection, monitoring, and program management services of municipal stormwater (NPDES) and industrial waste programs services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2

Project.

City desires to engage Consultant to render such services for the Inspection, Monitoring, and Program Management Services for the City’s Municipal Stormwater (NPDES) and Industrial Waste Programs project (“Project”) as set forth in this Agreement. 3.

TERMS. 3.1

Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional inspection, monitoring, and program management consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and

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incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from one year from date of execution, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2

Responsibilities of Consultant.

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

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persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: John L. Hunter, P.E. 3.2.5 City’s Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates John L. Hunter, P.E., or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA

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requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Consultant’s policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer’s consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General

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

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

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

Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City’s prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINETYFOUR THOUSAND, EIGHT HUNDRED TWENTY-SEVEN DOLLARS AND NO CENTS ($94,827.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4

Accounting Records.

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

General Provisions. 3.5.1 Termination of Agreement.

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

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and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: John L. Hunter and Associates 6131 Orangethorpe Avenue, Suite 300 Buena Park, CA 90620 Attn: John L. Hunter, P.E. City: City of Arcadia 240 West Huntington drive Arcadia, CA 91007 Attn: Vanessa Hevener, Environmental Services Officer Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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3.5.3.2 Confidentiality. Except as otherwise required by California law, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding arising from Consultant’s performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the active negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by

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the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.7 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. provision of this Agreement.

Time is of the essence for each and every

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

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and employees except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to

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undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. 3.6

Subcontracting.

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

[SIGNATURES ON THE NEXT PAGE]

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CITY OF ARCADIA

JOHN L. HUNTER & ASSOCIATES, INC.

______________________________ Dominic Lazzaretto City Manager

______________________________ Name: ______________________________ Title

Date: ______________________

Date: _________________________

ATTEST:

______________________________ Name: ______________________________ Title

______________________________ City Clerk

Date: _________________________ APPROVED AS TO FORM:

CONCUR:

______________________________ Stephen P. Deitsch City Attorney

______________________________ Tom Tait Public Works Services Director

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EXHIBIT "A" SCOPE OF SERVICES Consultant will provide inspection, monitoring, and program management services for the City’s Municipal Stormwater (“NPDES”) and Industrial Waste Programs shall include, but is not limited to the following tasks: Municipal NPDES Permit •

Stormwater program services – Consultant shall assist City staff in attending/participating meetings pertaining to compliance with the Municipal Permit/TMDLs. City staff will attend the majority of relevant stormwater meetings; however, consultant may be requested to attend a minimum of 10 meetings per year and to represent the City.

•

Training – Consultant shall provide annual training to City staff whose primary roles are related to the stormwater program. These trainings include: o Development Construction o Public Agency Activities Program o Illicit Discharge Program

•

Public Outreach – Consultant shall develop public outreach/education and provide assistance with implementing PIPP requirements to residents and businesses.

•

Annual Report – Consultant shall work with City staff to prepare and submit an annual report to the Los Angeles Regional Water Quality Control Board by December 15th in a format acceptable to the Board.

•

Illicit Connection/Illicit Discharge (“IC/ID”) site inspections and follow-up will be conducted on an as-needed basis, as the result of routine site inspections. Emergency calls for IC/ID, and subsequent site follow-up inspections, are conducted by the PWSD and appropriate staff and/or LA County Department of Public Works where appropriate.

•

Development Planning/Construction site inspections are to be completed at minimum of five inspections or as needed, for the following sites: •

General Construction Activity Stormwater Permit (“GCASP”)

Enforcement actions (NOVs) are generated as a result of these inspections where appropriate, and forwarded to the City’s Environmental Services Officer (ESO) for review and signature, as noted above. A-1

•

Routine stormwater inspections are conducted at the current known rate & quantity, as referenced in California Regional Water Quality Control Board (RWQCB), Los Angeles Region, Order No. R4-2012-0175 of one cycle each 30 months. This equates to two field inspections per each 5-year RWQCB permit. The City currently has approximately 400 Critical Sources (CS). The CS inventory is a fluid database, with updates based on the addition of new businesses and removal of others, as well as changes in Standard Industrial Classification (SIC) codes that have been incorrectly reported. The generation of NOVs, as listed above follows suit. Follow-up site inspections for each NOV will be required.

•

Trash DGR Study - Conduct street litter collection and quantify collected materials based on designated land-use areas including: • • • • •

Commercial High/Low Density Residential Industrial Public Facilities and Educational Open Space and Recreation

Industrial Waste Program •

Industrial Waste inspections are to be conducted on an on-going, year-round basis. There are approximately 200 existing Industrial Waste Discharge Permits are held by industrial users (IU’s) under this program.

•

Enforcement letters (Notices of Violation – “NOVs”) are generated and forwarded via email to the City’s ESO for review & signature. In addition, letters to industrial users requesting new permits, permit revisions/renewals and the permits themselves are all forwarded to the ESO for review and signature, via hard copy.

•

Database management is the responsibility of the consultant. The City will require periodic updates, in the form of hard-copy lists, as well as electronic lists upon demand (a minimum of 4x/PSA year).

•

Weekly pick-up & drop-off of IW permits, renewal, etc. is to be conducted by the consultant. The pick-up/drop-off point is the City’s Public Works Services Center located at 11800 Goldring Road, with the point of contact as the ESO. Plan check turn-around times are to be one week.

A-1

EXHIBIT "B" SCHEDULE OF SERVICES All work shall be completed in accordance with the following schedule: The term of this Agreement shall for one year from the date of execution. All task schedules under Exhibit A shall be adhered to and executed accordingly.

B-1

EXHIBIT "C" COMPENSATION Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed: Inspection, Monitoring, and Program Management Services for the City’s Municipal Stormwater (NPDES) and Industrial Waste Programs and DGR Study

$94,827.00

Total Compensation

$94,827.00

The total compensation shall not exceed the total listed without written authorization in accordance with Section 3.3.1 of this agreement. Hourly rate and supplemental fee information is attached.

C-1

Award Miscellaneous Sewer Main Repair Project March 21, 2017 Page 1 of 3

DATE:

March 21, 2017

TO:


FROM:

Tom Tait, Public Works Services Director By: Deen Buharie, Assistant Engineer

SUBJECT: CONTRACT WITH VASILJ, INC. FOR THE MISCELLANEOUS SEWER MAIN REPAIR PROJECT IN THE AMOUNT OF $44,650 Recommendation: Approve SUMMARY The Fiscal Year 2016-17 Capital Improvement Program allocates funding for miscellaneous sewer main repairs. Through closed-circuit television (“CCTV”) inspection, the Public Works Services Department (“PWSD”) has identified sewer pipe segments that are in need of repair. A qualified licensed contractor will excavate, remove, and replace damaged sections of the sewer pipe and perform repairs to manhole structures. To ensure that the City is receiving the most competitive prices and quality service for this work, a formal bid was conducted and Vasilj, 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 Vasilj, Inc. for the Miscellaneous Sewer Main Repair Project in the amount of $44,650. DISCUSSION In 2006, the State Water Resources Control Board (“SWRCB”) adopted the Waste Discharge Requirement Program for all public owned sanitary sewer collection systems in California with more than one mile of sewer pipeline. Under this program, the City is required to prepare and implement a Sewer System Management Plan (“SSMP”). The SSMP identifies routine and preventative operation and maintenance activities and preventative maintenance actions such as regular visual and CCTV inspections of manholes and sewer pipes. CCTV inspections provide evidence of the cleaning and maintenance that is performed as part of the SSMP as well as a record of the condition of the sewer mains and identification of deficiencies or sections requiring repair. Results of these inspections are reviewed and used to prioritize and prepare projects to repair damaged sewer pipe segments.

Award Miscellaneous Sewer Main Repair Project March 21, 2017 Page 2 of 3 Through routine inspection, the PWSD identified that the sewer main on Arcadia Avenue is in need of repair. In addition, four manholes (one on Foothill Boulevard, one on Highland Oaks Drive, one on Huntington Drive, and one at Santa Anita Avenue) were found to be damaged and in need of repair. A copy of the Project Location Map is shown on Exhibit “A”. A Notice Inviting Bids was published in the City’s adjudicated newspaper and bid packages were distributed to contractors that perform this type of work. On February 7, 2017, the City Clerk received seven sealed bids with the following results: Rank

Firm

Location

Bid

1.

Vasilj, Inc.

Irwindale

$44,650

2.

Grbcon, Inc.

Arcadia

$48,386

3.

Ferreira Construction Co.

Chino

$61,102

4.

MNR Construction, Inc.

Baldwin Park

$61,700

5.

EC Construction, Inc.

El Monte

$62,524

6.

Ramona Inc.

Arcadia

$90,700

7.

Dominguez Gen. Const. Inc.

Pomona

$94,600

All bid documents were reviewed for content and the contractor’s background and recent projects were investigated for competency. Based on staff’s review of the contractor’s references and evaluation of bids received, Vasilj, Inc. was determined to be the lowest responsive bidder capable of performing the work required. Vasilj, Inc. has completed similar projects for the Cities of Claremont, Pasadena, Anaheim, and Los Angeles. In addition, the City has successfully worked with Vasilj, Inc. on several public works projects in the recent past. The total bid prices shown in the table above include the base bid only. The bid documents included an alternate bid item for modifying and rebuilding a drop manhole connection on Baldwin Avenue and Arcadia Avenue. Due to pricing offered, the alternate bid item will not be included as part of this project, but will be bid as a separate project at a later date. ENVIRONMENTAL ANALYSIS This project involves the replacement and minor alteration of an existing utility system with no expansion of the system and, therefore, qualifies as a Class 2 categorical exemption per 15302(c) of the California Environmental Quality Act.

Award Miscellaneous Sewer Main Repair Project March 21, 2017 Page 3 of 3

FISCAL IMPACT The total cost of the project is expected to be $44,650. Funds in the amount of $70,000 have been budgeted in the Fiscal Year 2016-17 Capital Improvement Program for the Miscellaneous Sewer Main Repair Project. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with Vasilj, Inc. for the Miscellaneous Sewer Main Repair Project in the amount of $44,650.

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

Exhibit - A

CITY OF ARCADIA

MISCELLANEOUS SEWER MAIN REPAIR PROJECT PROJECT NO: 33861217

CONTRACT

BETWEEN CITY OF ARCADIA AND VASILJ, INC.

PROJECT NO.33861217

CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this _____ day of _________, 2017, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and Vasilj, 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: Miscellaneous Sewer Main Repair Project; Project No: 33861217 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 30 CALENDAR DAYS 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.33861217

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 FORTY-FOUR THOUSAND, SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($44,650.00). 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

PROJECT NO.33861217

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.33861217

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.33861217

(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.33861217

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 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.33861217

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.33861217

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

VASILJ, 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 Valve Replacement Project March 21, 2017 Page 1 of 3

DATE:

March 21, 2017

TO:


FROM:

Tom Tait, Public Works Services Director By: Tiffany Lee, P.E., Associated Civil Engineer

SUBJECT: CONTRACT WITH T.E. ROBERTS, INC. FOR THE VALVE REPLACEMENT PROJECT ON SANTA ANITA AVENUE IN THE AMOUNT OF $251,242 Recommendation: Approve SUMMARY As part of the City’s valve exercising program, the Public Works Services Department (“PWSD”) inspects water valves for proper function, and identifies valves that are broken or in need of repair. During routine inspection, it was determined that the 30inch gate valves on Santa Anita Avenue between Duarte Road and Orange Grove Avenue are not fully operational and need to be repaired or replaced. As a result, a multi-year valve replacement project was created and included in the Capital Improvement Program. To ensure the City is receiving the most competitive prices and quality service for this work, the PWSD conducted a formal bid process. T.E. Roberts, 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 T.E. Roberts, Inc. for the Valve Replacement Project on Santa Anita Avenue in the amount of $251,242. BACKGROUND As part of the valve exercising program, valves in the water distribution system are regularly inspected to verify their proper function and identify valves that are broken or in need of repair. It was determined that the 30-inch gate valves on Santa Anita Avenue between Duarte Road and Orange Grove Avenue are not fully operational and need to be replaced. The 30-inch transmission main on Santa Anita Avenue between Duarte Road and Orange Grove Avenue is a steel pipe that was constructed in 1936 and supplies water to higher zones in the City’s water distribution system. The pipe has seven 30-inch gate valves along its length to allow crews to isolate portions of the pipe in case of an emergency or a broken water main. Due to their age, the gate valves are


not fully operational and need to be replaced. These gate valves are critical to the emergency operation of the City’s water system. A copy of the Project Location Map is shown on Exhibit “A”. The project involves excavating in the street or right of way on Santa Anita Avenue between Duarte Road and Orange Grove Avenue, removing two damaged 30-inch gate valves, and installing two new 30-inch butterfly valves. In order to minimize the interruption of water services to residents and local business, four temporary shut off valves will be installed. This will allow the City’s contractor to remove from service the portion of the 30-inch transmission main where the two valves are located without interrupting water service to businesses or residents. DISCUSSION A Notice Inviting Bids was published in the City’s adjudicated newspaper, and bid packages were distributed to contractors that perform this type of work. On February 21, 2017, the City Clerk received five sealed bids with the following results: Bidder T.E. Roberts, Inc. Ferreira Construction Co., Inc. Cedro Construction, Inc. Big Ben, Inc. Dominguez General Engineering, Inc.

Location Orange, CA Chino, CA Santa Paula, CA Irvine, CA Pomona, CA

Bid $251,242.00 $286,915.00 $333,409.52 $361,320.00 $435,150.00

Bid documents were reviewed for content, and the contractor’s background was also investigated. Based on this review, it has been determined that T.E. Roberts, Inc. is the lowest responsive bid, and is qualified to complete the project as defined in the bid documents. T.E. Roberts, Inc. has successfully completed similar projects for the Cities of Ontario, South El Monte, and Newport Beach. ENVIRONMENTAL ANALYSIS This valve replacement project is considered a Class 1 exemption as defined in Section 15301(b) of the California Environmental Quality Act since the project consists of the maintenance of existing public facility providing public utility service. FISCAL IMPACT Funds in the amount of $364,000 have been budgeted in the Fiscal Year 2016-17 Capital Improvement Program for this project. The total cost for the Valve Replacement Project is $251,242.


RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with T.E. Roberts, Inc. for the Valve Replacement Project on Santa Anita Avenue in the amount of $251,242.

Attachments:

Exhibit “A” - Project Location Map Proposed Contract

CITY OF ARCADIA

VALVE REPLACEMENT PROJECT PROJECT NO. 61720317

CONTRACT

BETWEEN CITY OF ARCADIA AND T.E. ROBERTS, INC.

(PROJECT NO. 61720317)

CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this _____ day of _________, 2017, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and T.E. Roberts, 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: Valve Replacement Project, Project No. 61720317 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 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


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 TWO HUNDRED FIFTY-ONE THOUSAND, TWO HUNDRED FORTY-TWO DOLLARS AND NO CENTS ($251,242.00). 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


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


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


(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


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 $500.00 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


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


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

T.E. ROBERTS, 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 21, 2017

TO:


FROM:

Darlene Bradley, Director Library & Museum Services

SUBJECT: PURCHASE ORDER WITH YAMADA ENTERPRISES FOR PHASE I OF NEW FURNITURE FOR PUBLIC AREAS OF THE ARCADIA LIBRARY IN THE AMOUNT OF $53,069.60 Recommendation: Approve SUMMARY The purpose of this staff report is to request the purchase of furniture to provide 35 additional seats within the Arcadia Public Library in the amount of $53,069.60. This request is based on the 2015 Library Community Needs Assessment, which identified “reconfiguring library spaces to allow for additional seating and quiet study areas” as the second most frequent request by the community. The proposed new public furnishings would address this need and provide the variety of seating choices that patrons request today, including tablet tables and electronics charging capabilities. This is the first of a three-year schedule to increase seating by a total of 75 seats in the Library. This purchase would be through Yamada Enterprises. Prices are based upon California Multiple Award Schedules (“CMAS”), which meet the purchasing guidelines for the City. By working directly with Yamada Enterprises, even lower prices were secured, reducing some items by as much as 33%. It is recommended that the City Council approve a purchase order with Yamada Enterprises for the purchase of Phase I of new furniture for public areas of the Arcadia Public Library in the amount of $53,069.60. DISCUSSION The Arcadia Public Library is open six days a week (totaling 60 hours) and serves hundreds of individuals daily in a variety of ways including providing comfortable space and seating to read, work on mobile devices, and study. In 2015, a Library Community Needs Assessment was conducted and increasing seating options was identified as one of the top three needs of the Library. In 2015, a space allocation plan was developed, to

Purchase New Furniture For the Library March 21, 2017 Page 2 of 3

be phased over three years, that would create an additional 75 seats for the public. This would include seating and work station tables in quieter areas of the Library. Staff looked at a variety of furnishings and narrowed it down to furnishings that are designed exclusively for public use, that are highly durable, flexible, aesthetically pleasing with existing furnishings, and meet the needs of a modern public workspace. Two types of lounge chairs are being proposed. One is standard cushioned lounge chair and the other has a built-in work table that can be lifted from the side of the chair. These 22 lounge chairs would be placed in the Silent Room, adding more needed seating in this very popular, heavily used, and quiet area of the Library. The lounge chairs are manufactured by Arcadia Contract, a manufacturing company that designs furnishings for today’s mobile, wired, and public spaces. The brand style is known as Arcadia Huddle Lounge Chairs. Also being proposed are two bar height tables with electrical outlets and dividers that create 13 individual side-by-side workstations with 13 accompanying side chairs, providing for individual quiet work spaces for the public. The bar height tables and chairs will be placed in a quieter section of the Library where there currently is no seating and oftentimes patrons can be seen sitting on the floor. The bar height tables include USB and traditional charging capabilities, something that is frequently requested. The tables are manufactured by Worden, a popular maker of high quality library furnishings and have been purchased and installed in such libraries as the Cambridge Public Library, the Palo Alto Public Library, and the Los Angeles County Public Library (West Hollywood Branch). This proposed new public seating acquisition from Yamada Enterprises would expand the number of seats by 35 in quieter sections of the Library and provide flexible seating options that not only meet the traditional needs of patrons but also current and future needs that incorporate space and charging capabilities for laptops and mobile devices. Prices for all items to be purchased are based upon California Multiple Award Schedules (“CMAS”) which meet the purchasing guidelines for the City. CMAS contracts offer a wide variety of commodities and products at prices which have been assessed to be fair, reasonable, and competitive. Working directly with Yamada Enterprises, lower prices than the CMAS contract prices were secured, including a 30% discount for the bar height tables and a 33% discount for the side chairs that go with the bar height tables. The cost of 22 Arcadia Huddle Lounge Chairs with an attached tablet table is $22,005.24, based on CMAS contract #4-15-71-0145A. The cost of the wall-mounted tables and side chairs is $25,883.11 and $5,181.25, respectively, and is based on CMAS contract #4-15-00-0106D. This includes cost of materials, labor, sales tax, and freight.

Purchase New Furniture For the Library March 21, 2017 Page 3 of 3

The addition of 35 new seating options for the public will help to increase seating in quieter areas of the Library that are flexible, provide individual work spaces, and some charging capabilities for mobile devices. This would fulfill Phase I of a three-phase furniture request to increase much needed seating identified by the public in the Library Community Needs Assessment in 2015. FISCAL IMPACT The total cost for this furniture is $53,069.60, lower than originally quoted due to significant discounts that were secured when working with the vendor to secure this purchase. This included a 30% discount for the bar height tables and a 33% discount on the side chairs. The lounge chairs, bar height tables, and chairs have all been budgeted as part of the Equipment Acquisition Budget for the 2016-17 Fiscal Year at $57,500. These funds will be sufficient to purchase the items being requested. RECOMMENDATION It is recommended that the City Council approve a Purchase Order with Yamada Enterprises for the purchase of Phase I of new furniture for public areas of the Arcadia Library in the amount of $53,069.60.

Attachments: CMAS Contract #4-15-71-0145A (Arcadia Chair Company) CMAS Contract #4-15-00-0106D (The Worden Company)

p 714.562.8200

5692 fresca drive

p 800.585.5957

la palma, ca 90623

f 714.562.8202

www.arcadiacontract.com

arcadia chair company,

cmas contract overview

(follows gsa terms & conditions)

Revised 7/13/15 Contract Provisions

California Multiple Award Schedule (CMAS)

Contract #:

4-15-71-0145A

Term:

3/19/15 - 2/29/20

Pricelist(s):

All Products featured in October 2011 Pricelist + 4% & Supplemental Pricelists to include: Adjourn Leaf Ovate Sign Tandem Domo Leaflette Radiant Speakeasy Intima Nios Roadster Upward *Utilize the 2015 - 2016 Textile Partner Program (TPP) (Fabric Grade-in Program)

Discount:

52.5% (multiplier is 0.475 x List Price)

Maximum Order:

$100,000 (Net)

Delivery:

FOB Destination

Sales Reps:

Rorden & Associates (SoCal) Verne Yett & Associates (NoCal)

Payment Terms:

Net 30 days

Dealer Information:

Dealer fee is 10% of net invoice. Dealer must be identified on the P.O. by State Agency. Dealer to submit copy of state P.O. with order to Arcadia. Dealer paid the dealer fee upon full payment by State Agency. Dealer is not charged sales tax (sales tax will apply to an order placed directly by a State Agency)

Authorized Dealers: Campbell Keller (Jones-Campbell Co.) Core Business Interiors Crawford and Company Crest Office Furniture Co. D/R Office Works Facility Designs, Inc. Innovative Commercial Environments (ICE) Note:

Parron-Hall Corporation Sam Clar Office Furniture Sierra School Equipment Co. Systems Source, Inc. Tri County Office Furniture Unisource Solutions, Inc. Yamada Enterprises

State and local governmental agencies may utilize this contract "Local governmental agencies" are defined as any California city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges empowered to expend public funds.

G:/Client Fulfillment/State Contracts/a-CMAS Overview

arcadia chair company,

cmas contract authorized dealers Prepared 3/19/15

CAMBELL KELLER 3041 65th Street. St 3 Sacramento, CA 95827 Craig Campbell [email protected] P: 916-737-3300

PARRON HALL 7700 Ronson Suite 100 San Diego, CA 92111 Jim Herr [email protected] P: 858-268-1212F: 858-292-7077

CORE BUSINESS INTERIORS 7910 N. Ingram, Ste 102 Fresno, CA 93711 Tom Zimmerman [email protected] P: 559-297-6400 F: 559-297-6404

SAM CLAR OFFICE FURNITURE 1221 Diamond Way Concord, CA 94520 John Schwartz [email protected] P: 800-726-2527F: 925-798-6469

CREST OFFICE FURNITURE 2840 N Lima Street, Unit 110 Burbank, CA 91504 Kenny Chan [email protected] P: 818-333-3160

SIERRA SCHOOL EQUIPMENT COMPANY 1911 Mineral Court Bakersfield, CA 93308 Mike McDermott [email protected] P: 661-399-2993F: 661-399-0216

FACILITY DESIGNS 7511 N. Palm Bluff, Suite 101 Fresno, CA 93711 Suzanne Byrnes [email protected] P: 559-432-3200 F: 559-432-4227

TRI-COUNTY OFFICE FURNITURE 230 Santa Barbara Street Santa Barbara, CA 93101 Mike Young [email protected] P: 805-564-4060P: 805-564-4042

INNOVATIVE COMMERCIAL ENVIRONMENTS 12250 El Camino Real San Diego, CA 92130 Delinda Forsythe [email protected] P: 858-947-7272

G:/Client Fulfillment/State Contracts/a-CMAS Overview

Purchase Order with Tyler Technologies March 21, 2017 Page 1 of 2

DATE:

March 21, 2017

TO:


FROM:

Tom Tait, Public Works Services Director By: Jacquelyn Mercado, Management Analyst

SUBJECT: PURCHASE ORDER WITH TYLER TECHNOLOGIES FOR TECHNICAL SUPPORT AND MAINTENANCE OF THE ENERGOV SOFTWARE SYSTEM IN THE AMOUNT OF $43,512 Recommended Action: Approve SUMMARY The Public Works Services and Development Services Departments are currently rolling out EnerGov, a proprietary asset management and permit tracking software system developed and solely supported by Tyler Technologies (“Tyler”). The Support and Maintenance Agreement between the City and Tyler provides for continued support and maintenance of the software on an annual basis. It is recommended that the City Council approve a one year purchase order with Tyler Technologies for technical support and maintenance of the EnerGov software system in the amount of $43,512. DISCUSSION In 2015, the City Council approved the purchase of Tyler Technologies’ EnerGov, an asset management and permit tracking software system. EnerGov provides the following functions and tracking systems under one solution: • • • • • • • •

Building permitting, review, and inspection; Planning application and review; Code Enforcement; Public Works permitting and inspection; Business tax certificates; Engineering permitting and review; Asset management for the City’s fleet, equipment, parks, street trees, traffic signals, street lights, and warehouse inventory; and A user-defined work order management system that assists the Public Works Services Department with planning maintenance of the City’s water and sewer systems.

Purchase Order with Tyler Technologies March 21, 2017 Page 2 of 2

Additionally, EnerGov integrates with the City’s existing Geographic Information System (“GIS”) to centrally connect processes, streamline workflow, improve communication, and increase productivity from desk to field. The annual software support and maintenance fees pay for ongoing product development, licensing, and Tyler support services. These support services include: • • • •

Online incident tracking through Tyler’s support web portal; Unlimited telephone and live web support during established Tyler support hours; Membership to the Tyler Community to access best practices documents and other online resources; and A copy of all new releases to the EnerGov software (including updates and enhancements).

EnerGov is highly specialized with the City’s workflows configured into the software for consistent management of all applications. If the City chooses not to renew the annual maintenance agreement there will be no technical support provided should the program have errors. Additionally, the City would not receive new EnerGov software releases or upgraded functionality, causing the software to become outdated and not supported entirely. It is recommended that a one year purchase order be issued to Tyler Technologies for ongoing support and maintenance of the EnerGov software system. FISCAL IMPACT Sufficient funds for the proposed annual support and maintenance costs totaling $43,512 are budgeted in each department’s FY 2016-17 Operating Budget. RECOMMENDATION It is recommended that the City Council approve a one year Purchase Order with Tyler Technologies for technical support and maintenance of the EnerGov software system in the amount of $43,512.

Attachment: Tyler Support and Maintenance Agreement

Accept Installation of Electrical Lighting Equipment at Arcadia Par 3 Golf Course March 21, 2017 Page 2 of 2

DATE:

March 21, 2017

TO:


FROM:

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

SUBJECT: ACCEPT ALL WORK PERFORMED BY VINCOR CONSTRUCTION, INC. FOR THE INSTALLATION OF ELECTRICAL LIGHTING EQUIPMENT AT THE ARCADIA PAR 3 GOLF COURSE AS COMPLETE Recommendation: Approve SUMMARY On June 21, 2016, the City Council approved a contract with Vincor Construction, Inc. in the amount of $139,197.36 for the upgrade and installation of electrical lighting equipment at the Arcadia Par 3 Golf Course (“Par 3”). 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 $139,197.36. It is recommended that the City Council accept all work performed by Vincor Construction, Inc., for the upgrade and installation of electrical lighting equipment at the Arcadia Par 3 Golf Course as complete and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $6,959.87. DISCUSSION The Public Works Services Department is responsible for ensuring that the Par 3 facility and grounds are maintained according to the lease agreement with American Golf Corporation (“AGC”). AGC is responsible for routine day-to-day operations and maintenance of the course and facility. The current lease agreement with AGC provides for a percentage of the Par 3 Golf Course revenue earned each year to be put aside for future capital improvements that are deemed necessary in order to maintain the infrastructure and enhance the operations of the facility. The existing course lighting was the original equipment installed when the golf course first opened for play in 1962. The electrical master switchgear, remote transformers, and wiring in the poles had deteriorated due to age, resulting in electrical shortages and

Accept Installation of Electrical Lighting Equipment at Arcadia Par 3 Golf Course March 21, 2017 Page 2 of 2

costly repairs. In May 2015, the City Council awarded a Professional Services Agreement for electrical engineering and design services, which included the development of new electrical specifications and as-built drawings for the Par 3, as well as an in-depth power study to determine new lighting load requirements. On June 21, 2016, the City Council approved a contract with Vincor Construction, Inc. for the upgrade and installation of electrical lighting equipment at the Par 3. The work performed included the removal of the existing electrical lighting equipment throughout the course and installation of a new electrical master switchboard, remote transformers, and distribution boards that meet Title 24 energy efficiency requirements. The terms and conditions of this contract have been complied with and the work has been performed to the satisfaction of the Project Manager. Vincor Construction, Inc. has completed the work as defined by the City’s specifications in an efficient manner. FISCAL IMPACT The cost of the project is $139,197.36 and funds in the amount of $140,000 have been appropriated in the Fiscal Year 2016-17 Capital Improvement Program budget for this project. RECOMMENDATION It is recommended that the City Council accept all work performed by Vincor Construction, Inc., for the upgrade and installation of electrical lighting equipment at the Arcadia Par 3 Golf Course as complete, and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $6,959.87.

DATE:

March 7, 2017

TO:

Honorable Mayor and Members of the City Council

FROM:

Robert T. Guthrie, Chief of Police Prepared by: Brian Ortiz, Administrative Sergeant

SUBJECT:

WAIVE EXPENSES RELATED TO TRAFFIC CONTROL SERVICES FOR THE SANTA ANITA DERBY DAY 5K RUN AND WALK TO BE HELD ON APRIL 8, 2017 Recommendation: Approve

SUMMARY The Los Angeles Turf Club (“Santa Anita”) is sponsoring their 23rd Annual 5K Run & Walk wherein traffic control services are required to facilitate the event. Typically, when City services or personnel are required for coordination of special events, the cost of these services are borne by the event organizer. In this instance, like years past, Santa Anita is requesting that the City waive the cost of traffic control services because it is a charitable event. It is recommended that the City Council waive these costs. DISCUSSION The 5K race is one of several special events that will be held in conjunction with the Santa Anita Derby and will be coordinated by Kinane Events, Inc. This year, the Derby Day 5K Run & Walk is co-sponsored by the Methodist Hospital of Southern California and Westfield Shopping Town Santa Anita. Participation of contestants has increased each year, and it is anticipated that about 5,800 runners/walkers will join in this year’s event. Any profits from the race will be donated to local beneficiaries including the Arcadia High School Athletic Boosters Club, the Arcadia Historical Museum, and the Arcadia Police Explorer Post. If the race operates at a loss, Santa Anita will give all organizations a check for a fixed amount. The route for the race is the same as in years past. The race will begin inside the racetrack between Gate 3 and Gate 1, and the runners/walkers will proceed through the track parking lot, exit at Gate 8, and cross Baldwin Avenue. The participants will continue north on Baldwin Avenue in the southbound No.2 lane, which will be barricaded, and enter

Waive Santa Anita Derby 5k Traffic Control Costs March 21, 2017 Page 2 of 2

the Arboretum parking lot just south of Gate 7. They will proceed through the course in the Arboretum, exit by the fountain, cross back over Baldwin Avenue, and enter the racetrack through Gate 7. Finally, the racers will proceed through the turf tunnel and infield, and wind up on the training track to the finish line. The Police Department will provide intermittent traffic control to facilitate the running of the race, and to ensure the safety of the participants. The savings to Santa Anita is estimated at approximately $3,200 for traffic control. It is anticipated that traffic flow on Baldwin Avenue, between Colorado Boulevard and Huntington Drive, will be diverted between 7:30 a.m. and 9:30 a.m. Police personnel will use traffic flow management patterns that have been previously used and shown to have the least effect on businesses or local residents. As part of hosting an event of this type, Santa Anita is also required to provide a certificate of insurance designating the City of Arcadia as an additional insured. They have provided the required insurance certificate, and it has been approved by the City Attorney. Due to the communitywide promotional benefit the City receives as well as its charitable nature, the City has previously waived its traffic control expenses for the event. It is recommended that this tradition continue. FISCAL IMPACT The event will cost about $3,200 in overtime for Police personnel, and will be absorbed in the Police overtime budget. This is an annual request, which was anticipated in the adopted budget. RECOMMENDATION It is recommended that the City Council approve Santa Anita's request to waive expenses related to traffic control services for the Santa Anita Derby Day 5K Run and Walk to be held on April 8, 2017.