CITY OF IRWINDALE IRWINDALE 5050 N. IRWINDALE AVE., IRWINDALE CA 91706 •PHONE: (626) 430-2200 •FACSIMILE: 962-4209
MARK A. BRECEDA AGENDA FOR THE REGULAR MEETING OF THE MAYOR CITY COUNCIL
ALBERT F. AMBRIZ MAYOR PRO TEM SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
LARRY G. BURROLA HOUSING AUTHORITY COUNCILMEMBER
MANUEL R. GARCIA COUNCILMEMBER SEPTEMBER 27, 2017
5:30 P.M. CLOSED SESSION H. MANUEL ORTIZ 6:30 P.M. OPEN SESSION COUNCILMEMBER
IRWINDALE CITY HALL/ COUNCIL CHAMBER
CLOSED SESSION - CITY HALL CONFERENCE ROOM REGULAR MEETING - CITY HALL COUNCIL CHAMBER
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act1 no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430-2200. Assisted listening devices are available at this meeting. Ask the Deputy City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Staff reports are available for inspection at the office of the Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday). September 27, 2017 Page 2 Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
IRWINDALE CITY COUNCIL September 27, 2017 Page3
CLOSED SESSION - 5:30 P.M.
1. Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8
A) Property: North Kincaid Pit (Irwindale) / APN 8616-022-906 North Kincaid Pit (Azusa) / APN 8616-001-913 NEC of Irwindale Avenue and 210 Freeway Negotiating Parties: City and Five Points, LLC Under Negotiation: Price and terms of sale Conflict of Interest: None
B) Property: 2424 Mountain Avenue 8534-001-901 Negotiating Parties: Housing Authority and IMD Enterprises, LLC Under Negotiation: Price and Terms Conflict of Interest: Breceda and Garcia
C) Property: 2428 Mountain Avenue Negotiating Parties: IMD Development and Housing Authority Under Negotiation: Price and terms of sale Conflict of Interest: Breceda and Garcia
D) Property: 5134 Irwindale Avenue Negotiating Parties: Housing Authority & Miguel Miranda and Michael Miranda Under Negotiation: Price and terms Conflict of Interest: Breceda and Garcia
E) Property: 4826 Baca Avenue Negotiating Parties: Housing Authority and IMD Enterprises, LLC Under Negotiation: Price and Terms Conflict of Interest: Breceda and Garcia September 27, 2017 Page4 2. Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Colin Tanner, Labor Counsel Employee Organizations: IMEA, ICEA, IPOA
3. Conference with Legal Counsel - Threat of Litigation Threat of Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of cases: One Conflict of Interest: None
ADJOURN
OPEN SESSION- 6:30 P.M.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL: Councilmembers: Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda
E. REPORT FROM CLOSED SESSION
F. CHANGES TO THE AGENDA
G. COUNCIL MEMBER TRAVEL REPORTS
H. ANNOUNCEMENTS
I. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS September 27, 2017 Page 5 J. PROCLAMATIONS/ PRESENTATIONS/ COMMENDATIONS
1. Presentation to Chamber of Commerce Business of the Month - Doubletree by Hilton - Monrovia-Pasadena
2. Presentation by City Librarian Shayna Balli on the Summer Library Program and upcoming Fall events
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action. If a member of the audience feels he or she must proceed tonight, then each speaker will be limited to 2 minutes and each subject limited to 6 minutes, unless such time limits are extended.
1. CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
A. Minutes
Recommendation: Approve the following minutes:
1. Regular meeting held September 13, 2017
B. Warrants/Demands/Payroll
Recommendation: Approve
C. Authorize City of Irwindale to Joint the Taking Back Our Community Coalition that Supports Public Safety Related to Legislative Advocacy Efforts and Authorize the City Manager to Execute all Documents Necessary to Confirm the City's Membership
Recommendation: Adopt Resolution No. 2017-66-2964 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE CITY OF IRWINDALE TO JOIN THE TAKING BACK OUR COMMUNITY COALITION FOR THE PURPOSE OF September 2.7, 2.017 Page6 ESTABLISHING A UNIFIED MESSAGE TO ADVOCATE FOR COMMON SENSE CHANGES TO CALIFORNIA'S CRIMINAL JUSTICE SYSTEM THAT ADDRESS THE PUBLIC SAFETY IMPACTS RESULTING FROM ASSEMBLY BILL 109, PROPOSITION 47, AND PROPOSITION 57, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONFIRM THE CITY'S MEMBERSHIP" reading by title only and waiving further reading thereof.
D. Barracuda 890 Three (3) Year License Renewal
Recommendation: 1) adopt Resolution No. 2.017-68-2.966 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA WAIVING THE FORMAL BIDDING PROCEDURES AND APPROVING THE BARRACUDA 890 THREE YEAR LICENSE RENEWAL" reading by title only and waiving further reading thereof; and 2) approve the issuance of a purchase order to lntelli-Tech in an amount not to exceed $38,651.00.
E. Award of Contract for the Swimming Pool Chemical Room Improvement Project: P-954
Recommendation: 1) Adopt Resolution No. 2.017-70-2.968 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING MONIES FROM THE GENERAL FUND TO FUND THE BALANCE OF THE SWIMMING POOL CHEMICAL ROOM IMPROVEMENT PROJECT" reading by title only and waiving further reading thereof; 2) authorize the City Manager to enter into an agreement with ACE, CD, Inc. in the amount of $48,500 for the swimming pool chemical room improvement project; 3) approve a 20% contingency in the amount of $9, 700 to cover any unforeseeable conditions that may arise during construction; and 4) find that the project is categorically exempt from California Environmental Quality Act (CEQA).
F. Award of Contract for the Installation of Storm Drain Catch Basin Full Capture Inserts for Catch Basins that Drain to the San Gabriel River in the City of Irwindale; P-941
Recommendation: 1) Authorize the City Manager to enter into an agreement with G2 Construction in the amount of $84,999 for the installation of storm drain catch basin full capture inserts for catch basins that drain to the San Gabriel River in the City of Irwindale, 2) approve a 15% project contingency in the amount of $12,749.85 to cover any unforeseeable conditions that may arise during construction; 3) approve 15% of the construction cost in the amount of $12,749.85 for construction management and inspection services; and 4) find that the project is categorically exempt from California Environmental Quality Act (CEQA). September 27, 2017 Page 7 G. Authorize Master Agreement No. 00517S and Supplement Agreement No. Q03 Signed by the City Manager for State Funded Project for Citywide Non-Motorized Design Guidelines and Active Transportation Action Plan
Recommendation: Approve Master Agreement No. 00517S Administering Agency-State Agreement for State-Funded Projects and the Program Supplement Agreement No. Q03 to Administer Agency-State Agreement for Master Agreement No. 00517S authorizing the City Manager to execute said agreements; and 2) adopt Resolution No. 2017-69- 2967 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE SUBMISSION OF MASTER AGREEMENT NO. 00517S AND PROGRAM SUPPLEMENT AGREEMENT NO. Q03 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION" reading by title only and waiving further reading thereof.
H. Award of Consultant Services Agreements for As-Needed Geotechnical Professional Services for Mining and Reclamation Oversight - Irwindale Technical Advisory Committee (ITAC)
Recommendation: Authorize the City Manager to execute two consultant services agreements for as-needed geotechnical professional services for mining and reclamation oversight and technical support services with ITAC members Donald Coduto and Kent McMillan.
2. NEW BUSINESS
A. Authorize City Manager to Execute a Professional Service Agreement with Arrow Automotive Service for Fleet Management Services
Recommendation: Adopt Resolution No. 2017-65-2963 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH ARROW AUTOMOTIVE SERVICE FOR FLEET MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT" reading by title only and waiving further reading thereof.
B. Proposed Policy Related to City Facility and Street Naming
Recommendation: Adopt Resolution No. 2017-67-2965 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPROVING THE CITY FACILITY AND STREET NAMING POLICY AND ESTABLISHING AN APPLICATION PROCESS" reading by title only and waiving further reading thereof. September 27, 2017 Page 8 C. Approve the Creation of Two Permanent Part-Time Planning Technician Positions to Assist in the Planning and Development Division of the Community Development Department
Recommendation: Adopt Resolution No. 2017-71-2969, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CREATING TWO PERMANENT PART-TIME PLANNING TECHNICIAN POSITIONS TO ASSIST IN THE PLANNING AND DEVELOPMENT DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT, AND APPROVING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND AND SPECIAL MINING FUND"
3. PUBLIC HEARINGS
A. Public Hearing for Ordinance No. 713 - An Ordinance of the City Council of the City of Irwindale Amending Title 8 of the Irwindale Municipal Code by Amending Chapter 8.20 Solid Waste Collection and Salvage of Recyclable Materials to include Construction and Demolition Debris Recycling and Reuse, and Adopting Local Amendments Thereto Repealing all other Ordinances or Portions of Ordinances in Conflict Therewith
Recommendation: Open the public hearing, maintain the public hearing open, and continue this item to the regularly scheduled meeting on October 11, 2017.
4. CITY MANAGER'S REPORT
5. ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
A. Report from Closed Session
SPONTANEOUS COMMUNICATIONS
1 This is the time set aside for members of the audience to speak on items not on this agenda. Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda. September 27, 2017 Page9 1. CONSENT CALENDAR
A. Minutes
Recommendation: Approve the following minutes:
1. Regular meeting held September 13, 2017
B. Warrants
Recommendation: Approve
2. NEW BUSINESS
3. PUBLIC HEARINGS
4. ADJOURN HOUSING AUTHORITY
A. Report from Closed Session
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda. Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
1. CONSENT CALENDAR
A. Minutes
Recommendation: Approve the following minutes:
1. Regular meeting held September 13, 2017
2. NEW BUSINESS
3. PUBLIC HEARINGS 4. ADJOURN September 27, 2017 Page 10 AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing Authority, to be held on September 27, 2017 be posted at the City Hall, Library, and Post Office on September 21, 2017.
laura M. Nieto, CMC Chief Deputy City Clerk IRWINDALE CITY COUNCIL CHAMBER SEPTEMBER 13, 2017 5050 N. IRWINDALE AVENUE SEP 2 7 2017 WEDNESDAY IRWINDALE, CALIFORNIA 91706 5:30 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda
Also present: John Davidson, City Manager; Adrian Guerra, Assistant City Attorney; William Tam, Development Services Director/ City Engineer; Eva Carreon, Director of Finance; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
RECESS TO At 5:30 p.m., the City Council recessed to Closed Session to CLOSED SESSION discuss the following:
Conference with Real Propertv Negotiators* Pursuant to California Government Code Section 54956.8
Property: 15990 Foothill Boulevard I Vulcan Reliance II Negotiating Parties: Vulcan Materials and City of Irwindale Under Negotiation: Price and terms of sale
ACTION: Discussed, direction provided. No reportable action taken.
*A motion was made by Mayor Breceda, seconded by Mayor Pro Tern Ambriz, to add this item to the agenda, noting that the issue arose subsequent to the posting of the agenda and there is a need to take immediate action.
Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Colin Tanner, Labor Counsel Employee Organization: IMEA, ICEA, IPOA
ACTION: Discussed, direction provided. No reportable action taken.
RECONVENE IN OPEN SESSION At 6:32 p.m., the City Council reconvened in Open Session.
CHANGES TO THE AGENDA None.
COUNCILMEMBER TRAVEL REPORTS None. CITY COUNCIL MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE 2
ANNOUNCEMENTS None.
INTRODUCTION OF NEW EMPLOYEES I PROMOTIONS
INTRODUCTION OF INTRODUCTION OF RECREATION MANAGER PRISCILLA RECREATION ZEPEDA MANAGER PRISCILLA ZEPEDA The introduction was made.
INTRODUCTION OF INTRODUCTION OF DEPARTMENTAL AIDE DOLORES DEPARTMENTAL BARBOSA AIDE DOLORES BARBOSA The introduction was made.
INTRODUCTION OF INTRODUCTION OF FINANCE TECHNICIAN CLAUDIA CARLOS FINANCE TECHNICIAN CLAUDIA CARLOS Claudia Carlos was not in attendance; the introduction was not made.
INTRODUCTION OF INTRODUCTION OF BUS DRIVER DONIELL STROBHEN BUS DRIVER DONIELL STROBHEN The introduction was made.
PROCLAMATIONS I PRESENTATIONS I COMMENDATIONS
PRESENTATION BY PRESENTATION BY VALLEY COUNTY WATER DISTRICT VALLEY COUNTY GENERAL MANAGER ON THE CONSUMER CONFIDENCE WATER DISTRICT REPORTS GENERAL MANAGER ON THE CONSUMER The presentation was made by Jose Martinez, General Manager CONFIDENCE of the Valley County Water District. REPORTS
COUNCILMEMBER Responding to several questions by Councilmember Ortiz, Mr. ORTIZ Martinez advised that it would be difficult to pinpoint exact rate increases, but that it would cost between $5 and $1 O on average for residents. Also, notices regarding upcoming workshops will be provided to all customers.
PRESENTATION BY PRESENTATION BY LOS ANGELES HOMELESS SERVICES LOS ANGELES AUTHORITY ON IRWINDALE AND SAN GABRIEL VALLEY HOMELESS SERVICES SPECIFIC HOMELESS COUNT NUMBERS FOR 2017 AUTHORITY ON IRWINDALE AND The presentation was made by Daniella Alcedo, Regional SAN GABRIEL VALLEY Coordinator for the Los Angeles Homeless Service Authority. SPECIFIC HOMELESS CITY COUNCIL MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE3
COUNT NUMBERS FOR 2017
CARMEN ROMAN Responding to a question by Carmen Roman, Daniella Alcedo advised that the homeless count was based on the census tract, which does not specifically state where the homeless individuals are located.
SPONTANEOUS COMMUNICATIONS
CARMEN ROMAN Carmen Roman thanked the Council and Development Services Director Tam for the recent installation of the traffic light at the corner of Irwindale Avenue and Cypress.
CONSENT CALENDAR
MOTION A motion was made by Councilmember Burrola, seconded by Mayor Breceda, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved.
ITEM NO. 1A MINUTES MINUTES The following minutes were approved:
1) Regular meeting held August 23, 2017
ITEM NO. 1 B WARRANTS I DEMANDS I PAYROLL WARRANTS/DEMANDS PAYROLL The warrants I demands I payroll were approved.
ITEM N0.1C APPROVE THE PURCHASE OF A NEW 2018 PICKUP TRUCK APPROVE THE FOR THE OLIVE PIT MINING AND RECLAMATION PROJECT PURCHASE OF A NEW AND WAIVE FORMAL BIDDING PROCEDURE (Joint Item on 2018 PICKUP TRUCK Reclamation Authority) FOR THE OLIVE PIT MINING AND RECLAMATION PROJECT AND WAIVE FORMAL BIDDING PROCEDURE
RESOLUTION NO. Resolution No. 2017-65-2964, entitled: 2017-65-2964 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PURCHASE OF VEHICLE FOR THE OLIVE PIT MINING AND RECLAMATION PROJECT," was adopted; formal bidding procedures were waived per Irwindale Municipal Code Section 3.44.080(H); the City Manager was CITY COUNCIL MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE4
authorized to enter into a purchase agreement for the procurement of one (1) vehicle - 2018 Dodge Ram 1500 Quad Cab 4x4 Pickup Truck.
ITEM NO. 1D REJECTION OF CLAIM - ROBERT JAMERSON V. CITY OF REJECTION OF CLAIM - IRWINDALE ROBERT JAMERSON V. CITY OF IRWINDALE The claim of Robert Jamerson v. City of Irwindale was rejected and staff was directed to send a standard letter of rejection.
ITEM NO. 1E RELEASE OF BONDS FOR PARCEL MAP 73909 -ALDERSON RELEASE OF BONDS BUSINESS PARK FOR PARCEL MAP 73909 - ALDERSON The release of subdivision bonds for Parcel Map No. 73909 BUSINESS PARK (Alderson Business Park), located at the southeast corner of Alderson Avenue and Los Angeles Street, was approved.
ITEM NO. 1F ACCEPTANCE OF RECREATION CENTER IMPROVEMENTS ACCEPTANCE OF PROJECT; P-943 RECREATION CENTER IMPROVEMENTS 1) The changes in the work were ratified and the improvements and PROJECT; P-943 maintenance responsibility for the constructed improvements of the Recreation Center Improvements Project Number P-943 were accepted; 2) the final construction contract amount of $54,760.02 was approved; 3) the City Clerk was authorized to record the Notice of Completion; 4) the Finance Director was authorized to release the five percent (5%) retention amount for the project.
ITEM NO. 1G APPROVE PURCHASE OF 2017 POLICE VEHICLE AND WAIVE APPROVE PURCHASE FORMAL BIDDING PROCEDURE OF 2017 POLICE VEHICLE AND WAIVE FORMAL BIDDING PROCEDURE
RESOLUTION NO. Resolution No. 2017-62-2960, entitled: 2017-62-2960 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PURCHASE AND OUTFITTING OF ONE POLICE VEHICLE," was adopted, reading by title only and waiving further reading thereof.
ITEM NO. 1H DESTRUCTION OF CITY RECORDS DESTRUCTION OF CITY RECORDS The list of records attached to the staff report, which are eligible for destruction, was received and filed. CITY COUNCIL MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGES
ITEM NO. 11 RATIFY PROGRAM SUPPLEMENT AGREEMENT NO. 004-N1 RATIFY PROGRAM SIGNED BY THE CITY MANAGER FOR FEDERAL FUNDED SUPPLEMENT PROJECT FOR INTERSTATE 605 AT LIVE OAK AVENUE AND AGREEMENT NO. ARROW HIGHWAY 004-N1 SIGNED BY THE CITY MANAGER The approval of the August 31, 2017, Program Supplement FOR FEDERAL FUNDED Agreement No. 004-N1 to Administering Agency-State Agreement PROJECT FOR No. 04-5345R authorizing the City Manager to execute said INTERSTATE 605 AT agreement, was ratified, and LIVE OAK AVENUE AND ARROW HIGHWAY
RESOLUTION NO. Resolution No. 2017-63-2961, entitled: 2017-63-2961 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE SUBMISSION OF PROGRAM SUPPLEMENT AGREEMENT NO. 004-N1 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION," was adopted.
ITEM NO. 1J APPROVE OUT OF STATE TRAVEL FOR THE CALIFORNIA APPROVE OUT OF NARCOTIC OFFICERS ASSOCIATION (CNOA) 53Ro ANNUAL STATE TRAVEL FOR TRAINING INSTITUTE AND LAW ENFORCEMENT EXPOSITION THE CALIFORNIA IN RENO, NEVADA NARCOTIC OFFICERS ASSOCIATION (CNOA) 53Ro ANNUAL TRAINING INSTITUTE AND LAW ENFORCEMENT EXPOSITION IN RENO, NEVADA
RESOLUTION NO. Resolution No. 2017-63-2961, entitled: 2017-63-2961 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE OUT OF STATE TRAVEL TO THE CALIFORNIA NARCOTICS OFFICERS ASSOCIATION TRAINING INSTITUTE AND LAW ENFORCEMENT EXPOSITION IN NEVADA FOR IRWINDALE DETECTIVES," was adopted.
END OF CONSENT CALENDAR
NEW BUSINESS None.
PUBLIC HEARINGS None. CITY COUNCIL MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE6 CITY MANAGER'S REPORT
CITY MANAGER City Manager Davidson advised that a cannabis/marijuana DAVIDSON regulation informational workshop has been scheduled for September 21 at 6 pm at the Irwindale Community Center.
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:15 p.m.
Laura M. Nieto, CMC Chief Deputy City Clerk ENDA Accounts Payable 8 Checks by Date - Summary By Check Number
User: ccarlos Printed: 9/20/2017 • 4:57 PM
Check Number Vendor No Vendor Name Check Date Check Amount
63449 DIAZ02 'Virginia Diaz 09/13/2017 15.00 63450 DOMING IO Ingrid Dominguez 09/13/2017 75.00 63451 ESPINOIO Iris Espino 09/13/2017 2,250.00 63452 FLAGSH Flag Shop 09/13/2017 391.10 63453 FMOI FM Th0111as Air Conditioning 09/13/2017 4,038.59 63454 FRAERO! Laura Fraer Snyder 09/13/2017 54.58 63455 GALLAROI Rudy Gallardo 09/13/2017 30.00 63456 GOMEZ09 Alvin Gomez 09/13/2017 75.00 63457 GONZALI2 Ray Gonzales 09/13/2017 42.60 63458 GONZALIS Pat Gonzalez 09/13/2017 15.00 63459 GRAINGOI Connie Grainger 09/13/2017 37.00 63460 HDLCOR HdL Coren & Cone 09/13/2017 745,00 63461 HILLOl Susan Hil!tnan 09/13/2017 75.00 63462 HINDER Hinderliter, De Llamas & Assoc 09/13/2017 5,479.00 63463 HIGHPE HPC Computers, Inc, 09/13/2017 247.78 63464 INDEPE Independent Cities Association 09/13/2017 525.00 63465 INTELLOl Intelli-tech, Inc. 09/13/2017 358.34 63466 INTERV Inter-Valley Pool Supply 09/13/2017 312.71 63467 IRWIND03 Irwindale Tire Shop 09/13/2017 15.00 63468 JCLOI JCL Traffic 09/13/2017 I ,452.93 63469 JOHNNY02 Johnny's Pool Service 09/13/2017 279.64 63470 KOSMON Kos1nont Companies 09/131201 7 71.50 63471 LAKESHOI Lakeshore Learning Materials 09/I 3/2017 497.72 63472 LANCES Lance, Soll & Lunghard LLP 09/13/2017 10,500.00 63473 LAND SC Landscape Warehouse Inc, 09/13/2017 13.79 63474 LEVELOl Level 3 C01nmunications 09/13/2017 1,048.59 63475 LEWI SE Lewis Engraving, Inc, 09/13/2017 8, 182.16 63476 MARTIN42 Brian Martinez 09/13/2017 75.00 63477 MISSIO Mission Linen Supply 09/13/2017 278.60 63478 MORALEI4 Christela Morales 09/13/2017 75.00 63479 NUTRITOI Nutrition Services 09/13/2017 1,943.00 63480 OFFICE03 Office Depot 09/13/2017 549.37 63481 OPTUMO! OptutnRx, Inc. 09/13/2017 26,446.8 I 63482 OROSCO A Amanda Orosco 09/13/2017 30,00 63483 OROSCON Natalie Orosco 09/13/2017 75.00 63484 PFBETT P.F. Pettibone & Co. 09/13/2017 757.68 63485 PHASEII PARS 09/13/2017 1,750.00 63486 REDIREOl Redi-ReliefFirst Aid & Safety, In 09/13/2017 255.03 63487 RODRIGO? Maria Rodriguez 09/13/2017 75.00 63488 ROYAL04 Royal Industrial Electric 09/13/2017 292.24 63489 MARUNA Masataka Sakaue 09/13/2017 27.02 63490 SANGAB20 San Gabriel Val!ey City 09/13/2017 55,00 63491 SHELTEO I ShclterClean, Inc. 09/1312017 I ,400.00 63492 SIERRA02 Sierra Chrysler/Dodge/Jeep/Rain 09/13/2017 2,668.40 63493 SkyBlucp Sky Blueprint & Supplies, Inc 09/1312017 140.54
AP-Checks by Date - Sun1111ary By Check Number (9/20/2017 - 4:57 PM) Page 1 Check Number Vendor No Vendor Name Check Date Check Amount
63494 SUPERI05 Superior 5 09113/2017 75.00 63495 SWANKOl Swank Motion Pictures, Inc. 09113/2017 385.00 63496 TRIANGOl Triangle Truck Parts 09113/2017 15.88 63497 VALENC02 David Valencia 09113/2017 100.00 63498 VISTAOI Vista Paint Corporation 09/JJ/2017 268.89 63499 ATHENS Athens Services 09/07/2017 14,018.74 63500 ATHENS Athens Services 09/07/2017 14,486.08 63501 AZUSALW Azusa Light & Water 09/07/2017 857.44 63502 BAKEROl Baker & Taylor Books 09/07/2017 272.17 63503 CHANDL Chandler's Air Conditioning & 09/07/2017 323.06 63504 CHIRINO Gina Chirino 09/07/2017 325.00 63505 COUNTY04 County Of Los Angeles 09/07/2017 5,455.78 63506 DEPAT!Ol Jeanette DcPatic 09/07/2017 360.00 63507 SOUTHEl7 Golden State Water Cotnpany 09/07/2017 1,623.02 63508 GUTIER04 Rubi Gutierrez Perez 09/07/2017 480.00 63509 HO YEN Noelle Hoye 0910712017 540.00 63510 HUJDOROI Carol Huidor 09/07/2017 300.00 63511 LAKEOI Lake Nato1na Inn 09/07/2017 285.00 63512 MADDOXOl Marv Lynn Maddox 09/07/2017 7.50 63513 PAVONOI Jose Pavon 09/07/20 I 7 75.00 63514 QUJCKC Quick Crete Products Corp. 09/07/2017 2,897.10 63515 QUINN02 Quinn Company 09/07/2017 525.20 63516 RIOS06 Jiln1ny Rios 09/07/2017 75.00 63517 SkyBluep Sky Blueprint & Supplies, Inc 09/07/2017 292.93 63518 SCE02 Southern California Edison 09/07/2017 26,083.05 63519 SPARKL Sparklctts Drinking Water 09/07/2017 232.01 63520 VALLEYOI Valley County Water District 09/07/2017 725.36 63521 VALLEY09 Valley View Mutual Water Co. 09/07/2017 57.23 63522 VERIZOOI Verizon California 09/07/2017 20.71 63523 BRITEW Brite Works 09/12/2017 125.00 63524 COUNTY04 County Of Los Angeles 09112/2017 150,582.80 63525 GEO LOG Geologic Associates 09/12/2017 78,929.80 63526 Harvey Harvey Consulting Group, LLC 09/12/2017 3,250.00 63527 AGUJLA06 Luz Aguilar 09/14/2017 2,250.00 63528 ALCALAOI Margarita Alcala 09/14/2017 5.00 63529 ALESHIRE Aleshire & Wynder, LLP 09/14/2017 54,040,01 63530 AMERIC34 American Fidelity Assurance Co 09/14/2017 1,523.10 63531 AMERIT Ameritas Life Insurance Corp 09/14/2017 12,417.84 63532 AyalaOl Leonor Ayala 09/14/2017 100.00 63533 BANKOF03 Bank of The West 09/14/2017 7,853,55 63534 BOUNCEOI Bounce Around 09/14/2017 69.00 63535 CALIF003 California JPIA 09/14/2017 4,726.00 63536 CAMPOS05 Rudy Campos 09/14/2017 12.95 63537 KARE YO Kare Youth League 09/14/2017 376,600.00 63538 LIEBERT Liebert Cassidy Whitinore 09/14/2017 80.00 63539 MARIACOI Mariachi Los Reves Inc. 09/14/2017 1,600,00 63540 OPTUMOI OptuinRx, Inc. 09/14/2017 41,366.37 63541 RIOS02 Sara Rios 09/14/2017 12.00 63542 RODRIG02 Aurelio Rodriguez 09/14/2017 J0.00 63543 SCE02 Southern Califon1ia Edison 09/14/2017 467.88 63544 TEXASOI Texas Life Insurance Co. 09/14/2017 613.45 63545 VALLEYOI Valley County Water District 09/14/2017 9,855.93 63546 WAGONER Painela Wagoner 09/14/2017 180.00 63547 ZEPEDA06 Megan Zepeda 09/14/2017 2,250,00 63548 AN1MAL03 Animal Pest Management Service 09/27/2017 400.00
AP-Checks by Date - Sununary By Check Number (9/20/2017 - 4:57 PM} Page 2 Check Number Vendor No Vendor Name Check Date Check Amount
63549 CINGULAR AT & T Mobility 09/27/2017 1,285.41 63550 AZUSAP02 Azusa Police Dcparttncnt 09/27/2017 2,700,00 63551 BAKEROI Baker & Taylor Books 09/27/2017 696.41 63552 BARNEY Barney's Locksmith Service 09/27/2017 96.91 63553 BLACKA Black & White Emergency Vehicl 09/27/2017 840.00 63554 CHANDL Chandler's Air Conditioning & 09/27/2017 192.00 63555 CITRUS05 Citrus Valley Health Partners 09/27/2017 20.00 63556 BALDWI02 City of Baldwin Park 09/27/2017 375,00 63557 BREAOl City of Brea ~ IT 09127/2017 16,159,00 63558 C1TYOF18 City of Santa Fe Springs 09/27/2017 14,423.90 63559 COMMUNOI Co1n1nunications Center 09/27/2017 358,00 63560 COUNTY04 County Of Los Angeles 09/27/2017 16,440.51 63561 DRDANl Daniel T. Martinez 09/27/2017 1,700.00 63562 DEMCOl De1nco, Inc. 09/27/2017 112,86 63563 DESIGN04 Design Concepts Consulting, Inc. 09/27/2017 12,070.00 63564 ELITEE Elite Elevator, Inc. 09/27/2017 350,00 63565 FED EX FedEx 09/27/2017 18.38 63566 FMOl FM Thomas Air Conditioning 09/27/2017 4,618.35 63567 GEO LOG Geologic Associates 09/27/2017 18,842.50 63568 H1LTON03 Hilton Paln1 Springs 09/27/2017 470.05 63569 HULLO! Marv Hull 09/27/2017 184.77 63570 IMDOI IMD Enterprises, LLC 09/27/2017 5,205,00 63571 1RWIND21 Irwindale Hand Wash & Auto Det 09/27/2017 488.67 63572 1RWIND14 Irwindale Industrial Clinic 09/27/2017 140.00 63573 JCLOI JCL Traffic 09/27/2017 1,800,00 63574 JO EA GO Joe A. Gonsalves & Son 09/27/2017 9,500.00 63575 JOHNNY02 Johnny's Pool Service 09/27/2017 128.76 63576 LEXlSN LexisNexis Risk Solutions 09/27/2017 153.00 63577 LAEDCOI Los Angeles County Economic D( 09/27/2017 2,500.00 63578 MAlNTEOI Maintcx 09/27/2017 2,091.01 63579 MCIWOR MCI Cm11m Service 09/27/2017 33.46 63580 MIJACA Miiac Alann, Inc, 09/27/2017 642.00 63581 MISSIO Mission Linen Supply 09/27/2017 278.60 63582 MORRIS02 Morrison Management Specialist 09/27/2017 3,450.00 63583 MOUNTA02 Mountain Motorsports 09/27/2017 1,105.93 63584 OFFICE03 Office Depot 09/27/2017 373.71 63585 OPTUMOI OptumRx, Inc. 09/27/2017 32,285.87 63586 ORKINP Orkin Pest Control 09/27/2017 365.40 63587 PAROI PAR Electrical Contractors 09/27/2017 1,500.00 63588 PLACEOI PlaceWorks, Inc. 09/27/2017 25,588.62 63589 PRO PRINT Pro Printing, Inc. 09/27/2017 84.73 63590 QUINN02 Quinn Company 09/27/2017 252.00 63591 RICOHOI Ricoh USA, Inc 09/27/2017 521.33 63592 ROINETWK ROI Networks, LLC 09/27/2017 445.00 63593 ROS ENO Rosenow Spevacek Group Inc 09/27/2017 6,375.00 63594 SCYAMA S.C. Yan1a1noto. Inc. 09/27/2017 4,490.00 63595 SANGAB02 San Gabriel Basin Water 09/27/2017 1,880,00 63596 SANGABll San Gabriel Valley Newspaper 09/27/2017 1,852.38 63597 SHELTEOl She!terClean, Inc. 09/27/2017 1,400.00 63598 SJERRA02 Sierra Chrvsler/Dodge/Jeep/Ran1 09/27/2017 3,289.40 63599 STATEOOl State Of California 09/27/2017 132.00 63600 STERlCOI Stericvclc, Inc. 09/27/2017 73.65 63601 NORTHR The Northridge Group, Inc. 09/27/2017 4,986.79 63602 PENWOR The Pcnworthy Cotnpany 09/27/2017 2,767.51 63603 USBANK03 US Bank Tn.1st N.A. 09/27/2017 3,000.00
AP~Checks by Date - Sun11nary By Check Number (9/20/2017 - 4:57 PM) Page 3 Check Number Vendor No Vendor Name Check Date Check Amount
63604 WATCHOl Watch Guard 09/27/2017 108.16 63605 WELLSOl Wells Fargo Vendor Fin Serv 09/27/2017 344.81 63606 WESTC005 West Coast Arborists, Inc. 09/27/2017 18,630.00 63607 XEROXC Xerox Corporation 09/27/2017 399.33
Report Total: 1,124,820.72
AP-Checks by Date - Suiu1nary By Check Number (9/20/2017 - 4:57 PM) Page 4 Electronic Payments September 2017 September 1- 15, 2017 IRWINDALE
Reference Number Vendor Name Date Amount
ACH EDD 9/6/2017 13,497.14 ACH Federal Tax 9/6/2017 42,296.61 ACH ICMA 9/14/2017 250.12 ACH PARS-PT 9/14/2017 613.42 ACH PARS-FT 9/14/2017 13,867.53 ACH Nationwide-457 Plan & Trust 9/13/2017 6,650.00 ACH Nationwide-Roth Cotribution-457 Plan & Trust 9/13/2017 830.00 ACH CalPERS 9/6/2017 48,708.84 ACH CalPERS 9/5/2017 24.68 418 IJPA Debt Service 9/6/2017 40,481.14 ACH PARS-Public Agency Retirement Services 9/14/2017 5,120.00 Report Total: 172,339.48 COUNClL ,t\()t:NDA ITEM l ~ GJ City Council lYtyef D Successor Agency SEP 2 7 2017 D Housing Authority IRWINDALE D Reclamation Authority AGENDA REPORT DJoint Powers Authority
Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Authorize City of Irwindale to join the Taking Back our Community Coalition that supports public safety related legislative advocacy efforts and authorize the City Manager to execute all documents necessary to confirm the city's membership.
City Manager's Recommendation:
Adopt Resolution No. 2017-66-2964 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE CITY OF IRWINDALE TO JOIN THE TAKING BACK OUR COMMUNITY COALITION FOR THE PURPOSE OF ESTABLISHING A UNIFIED MESSAGE TO ADVOCATE FOR COMMON SENSE CHANGES TO CALIFORNIA'S CRIMINAL JUSTICE SYSTEM THAT ADDRESS THE PUBLIC SAFETY IMPACTS RESULTING FROM ASSEMBLY BILL 109, PROPOSITION 47, AND PROPOSITION 57, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONFIRM THE CITY'S MEMBERSHIP." waiving further reading;
Background and Analysis:
Taken together, Assembly Bill 109, Proposition 47, and Proposition 57 have reshaped how we approach public safety issues in the State of California. While the identified measures have certainly resulted in measurable and positive impacts to California's criminal justice system, the cumulative effect of these legislative actions have also had significant adverse effects resulting in public safety challenges. Most notably, municipalities across California are reporting increases in property and violent crime that law enforcement believe to be related to the legislative changes that have been enacted over the past several years. Irwindale has seen a 17% increase in property crimes since these measures were enacted.
This Resolution seeks to join other cities in asking the League of California Cities to initiate and facilitate further discussion between the Governor, the State Legislature, and other key public safety stakeholders regarding the recent legislative changes that have been made to California's criminal justice system. ·
Page 1 During the past few weeks, staff has been engaged in discussions with the City of Monrovia regarding the development of the Taking Back Our Community Coalition. Taking Back Our Community is a new coalition of California cities advocating for the State to engage in further discussions to identify solutions for addressing the unintended consequences of changes made to California's criminal justice system through the enactment of Assembly Bill 109, Proposition 47, and Proposition 57. The Coalition is led by the Cities of Arcadia, Alhambra, Claremont, Covina, Duarte, Whittier, Sierra Madre, La Canada Flintridge, Glendora, Azusa and Monrovia, with Monrovia acting as the lead administrative agency.
All members of the Coalition will be required to pay the City of Monrovia $1,500 per year, and the funds raised will be used to coordinate the development of an overall public education and outreach campaign.
As required by each member, the City of Irwindale is to designate one or more representatives to be an active participant in Coalition meetings, and facilitate the exchange and dissemination of information to further the Coalition's objectives. The Chief of Police or their designee will serve as the representative for Irwindale.
Taking Back Our Community Coalition Objectives include: • To raise public awareness of why crime is increasing in our state. • To provide a consistent message surrounding the facts and impacts of Assembly Bill 109, Proposition 47, and Proposition 57. • To advocate for State legislative changes to improve law enforcement's ability to respond to crime.
Benefits of Becoming a Coalition Member: • Official Taking Back Our Community branding will include the City's logo • lnfographic video summarizing the issue along with impactful video stories told by community members impacted by crime increasing • In-depth legislative tracking and analysis related to proposed State legislation • Access to customizable outreach material to share with community members, including: o Informational Brochure o Comprehensive Fact Sheet on AB 109, Prop 47, and Prop 57 o Sample Letter to State Lawmakers • Opportunity to regularly meet with regional members and guest speakers to further the Coalition's objectives
Fiscal Impact:
Membership dues for the Taking Back Our Community Coalition is $1,500 I year for each year that the City wishes to remain in the Coalition. Funding for this initiative is available in the City's Fiscal Year 2017/18 Budget.
Page2 Review:
Fiscal Impact: E(lnitial of CFO)
Legal Impact: ~ (Initial of Legal Counsel)
Prepared By/Contact: Ty Henshaw, Chief of Police Phone: (626) 430-2236
nager
Attachment(s): Take Back Our Community informational flier
Page3 RESOLUTION NO. 2017-66-2964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE CITY OF IRWINDALE TO JOIN THE TAKING BACK OUR COMMUNITY COALITION FOR THE PURPOSE OF ESTABLISHING A UNIFIED MESSAGE TO ADVOCATE FOR COMMON SENSE CHANGES TO CALIFORNIA'S CRIMINAL JUSTICE SYSTEM THAT ADDRESS THE PUBLIC SAFETY IMPACTS RESULTING FROM ASSEMBLY BILL 109, PROPOSITION 47, AND PROPOSITION 57 AND AUTHORITZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONFIRM THE CITY'S MEMBERSHIP.
RECITALS
WHEREAS, the Taking Back Our Community Coalition ("Coalition") is a coalition of cities wishing to initiate discussion between the Governor, the State Legislature, and other key public safety stakeholders regarding the recent legislative changes that have been made to California's criminal justice system
WHEREAS, recent State legislative changes - namely Assembly Bill 109, Proposition 47, and Proposition 57 - made some changes to California's criminal justice system that were needed and necessary; and
WHEREAS, Assembly Bill 109, Proposition 47, and Proposition 57, have had negative public safety impacts that have affected cities, counties, and other public safety organizations throughout California; and
WHEREAS, through a collaborative effort, the Coalition seeks to advocate for common sense legislative solutions that will enhance the criminal justice system in California more equitably; and
WHEREAS, the City of Irwindale desires to be part of the Coalition and authorizes the City Manager to execute all documents necessary to confirm the city's membership.
NOW, THEREFORE, the City Council of the City of Irwindale hereby finds and resolves as follows:
1. The City Council authorizes the City of Irwindale to join the Coalition, which in turn, seeks to establish a unified message to advocate for common sense changes to California criminal justice system that address the public safety impacts resulting from Assembly Bill 109, Proposition 47 and Proposition 57.
2. The City Council hereby authorizes the City Manager to execute all documents necessary to confirm the City's membership in the Coalition. 3. The City Council recognizes that the City of Monrovia shall act as the lead agency with respect to the administration of the Coalition, and shall act as treasurer for the Coalition, responsible for the collection of fees from Coalition members and the payment of costs incurred on behalf of the Coalition.
4. In order to achieve the objectives of the Coalition, each Member, including the City of Irwindale, agrees to pay one thousand five hundred dollars ($1,500.00) on an annual basis to the lead agency as long as the Member wishes to remain in the Coalition.
5. As required by each member, the City of Irwindale is to designate one or more representatives to be an active participant in Coalition meetings, and facilitate the exchange and dissemination of information to further the Coalition's objectives. To this end, the City Council hereby designates the Chief of Police or their designee as the City's representative to the Coaltion.
6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of September, 2017.
Mark Breceda, Mayor ATTEST:
Laura Nieto, Chief Deputy City Clerk
STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-66-2964 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 27th day of September, 2017, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABST Al N: Councilmembers:
ABSENT: Councilmembers:
Laura Nieto Chief Deputy City Clerk STATE CHANGES AFFECTING OUR COMMUNITY INCLUDES:
ASSEMBLY BILL 109 PROPOSITION 47 PROPOSITION 57
COALITION OBJECTIVES REASONS TO JOIN
• To raise public awareness of why • Official Taking Back Our Community branding with your agency's crime is increasing in our state. logo • To provide a consistent message • lnfographic video summarizing the issue and impactful stories told surrounding the facts and by the community impacts of AB 109, Prop 47, and • In-depth legislative tracking Prop 57. • Customizable outreach material including: • To advocate for State legislative • Comprehensive Fact Sheet changes to improve law • Sample letter to State enforcement's ability to respond legislators to crime. • Informational brochure
HOW TO JOIN COALITION MEMBERS Contact the City of Monrovia at (626) 932-5571 or email [email protected] for more information on how to join.
MEMBERSHIP DUES $1,500 per year <\i~ !~'f Find out more at www.TakingBackOurCommunityCA.com SGVCOG···~ COUNCIL t>.GENDA ITEM I[) IZICity Council Cityef D Successor Agency D Housing Authority IRWINDALE SEP 2 7 2017 D Reclamation Authority AGENDA REPORT DJoint Powers Authority
Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Barracuda 890 Three (3) Year License Renewal
City Manager's Recommendation:
That the City Council: 1. Approve Resolution number 2017-68-2966, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA WAIVING THE FORMAL BIDDING PROCEDURES AND APPROVING THE BARRACUDA 890 THREE YEAR LICENSE RENEWAL", waiving further reading; 2. Approve the issuance of a purchase order to lntelli-Tech in an amount not to exceed $38,651.00
Background and Analysis:
In August 2016, the Barracuda Backup 890 was purchased to backup the City's electronic files. The one year license purchased at the time of acquisition has expired and it is now time to renew this service to ensure retention of our files in the event of a disaster, accidental error, computer virus, etc. The City has the option of purchasing a one year renewal at the cost of $15, 157 or a three year renewal for $38,651.00. Staff is recommending the three (3) year renewal, as this will yield an estimated savings of $6,820.00.
The attached lntelli-Tech quote is based on the National Cooperative Purchasing Alliance (NCPA). Per Section 3.44.080(E) IMC, staff is requesting Council to waive the formal bidding requirements and award a purchase order to lntelli-Tech, as an authorized dealer for SYNNEX' Corporation's NCPA contract 01-65. NCPA is a governmental multi-state cooperative purchasing organization for government contract pricing. Cooperative purchasing is a powerful, proven tool to save taxpayer money by creating access to the best value possible and reducing administrative overhead. NCPA uses a competitive, lead-state procurement model to capture the best value for common government purchases, including cloud collaboration and storage services. The City purchases cloud collaboration and storage services at or below the NCPA prices, thereby meeting City purchasing requirements and minimizing costs. Using this approach for purchasing also
Page 1 saves time and money that would normally be associated with RFP development, advertising, evaluating proposals, and contract management.
Fiscal Impact:
Funds for the three (3) year license renewal are available in the FY 2017 I 2018 budget.
Review:
Fiscal Impact:~ (Initial of CFO) )\ '}\ Legal Impact: =4CL (Initial of Legal Counsel)
Prepared By/Contact: Theresa Olivares, Assistant to the City Manager
Phone: (626) 430-2294
Attachment(s): 1. Resolution No. 2017-68-2966 - "A Resolution of the City Council of the City of Irwindale, California Waiving the Formal Bidding Procedures and Approving the Barracuda 890 Three Year License Renewal" 2. lntelli-Tech Quote JW090717A-PR 3. National Cooperative Purchasing Alliance (NCPA) Terms 4. National Cooperative Purchasing Alliance (NCPA) SYNNEX Contract #01-65 5. SYNNEX Corporation NCPA #01-65 Letter of Authorization for Intelligent VAR Technology
Page2 RESOLUTION NO. 2017-68-2966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA WAIVING THE FORMAL BIDDING PROCEDURES AND APPROVING THE BARRACUDA 890 THREE YEAR LICENSE RENEWAL
WHEREAS, the City's backup server is essential, as it allows for a continuity plan in the event of a disaster and is essential to the City's operations;
WHEREAS, in August 2016, the City purchased the Barracuda Backup Server 890 with cloud storage to protect the City's physical, virtual, and Software-as-a-Service environment;
WHEREAS, the City's existing Barracuda Backup Server license expired in August 2017 and it is now time to renew the license for continuity of services;
WHEREAS Section 3.44.080(E) of the Irwindale Municipal Code provides for the waiving of the formal bid procedure "when through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained";
WHEREAS, lntelli-Tech has provided a quote for the three year license renewal as an authorized dealer for SYNNEX' Corporation, who has been awarded NCPA contract 01-65; and
WHEREAS, sufficient funds are available for this purchase.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines, and orders as follows:
1. That the Council approves the issuance of a purchase order to lntelli-Tech for the purchase of the Barracuda Backup Server 890 energizer updates, instant replacement, and cloud storage for the next three years and waives the formal bid process pursuant to IMC Section 3.44.080, Subsection E.
2. This resolution shall be effective upon adoption.
PASSED, APPROVED AND ADOPTED this 27th day of September 2017.
Mark A. Breceda, Mayor
Resolution No. 2017-68-2966 Page 1 ATTEST:
Laura M. Nieto, CMC Deputy City Clerk
STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE }
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-68-2966 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 27'" day of September 2017, by the following vote:
A YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, CMC Deputy City Clerk
Resolution No. 2017-68-2966 Page 2 QUOTATION 1652 Yeager Avenue INTELLl-TECH > La Verne, CA 91750 (909) 394-5188 fax (909) 394-5190
Jeffrey Wagner City of Irwindale Pamela Rumph 626-430-2294 5050 North Irwindale Avenue 909-394-5188 Irwindale, CA 91706 TeamPam@intel!i-tech.com '--~~~~~~~-1 Attn. Accounts Payable Sandy Nguyen
BBS890a-e3 Barracuda 3 Yr Energizer Updates for 890 Email $ 7,747.00 $ 7,747.00 2 BBS890a-h3 Barracuda 3 Yr Instant Replacement for 890 Email $ 9,431.00 $ 9,431.00 3 BBS890a-b3 Barracuda 3 Yr Unlimited Cloud Storage Service Email $ 21,473.00 $ 21,473.00 BBS 890, Serial #BAR-BS-797889 Contract Dates: 8/30/2017 • 8/29/2020 [email protected]
NCPA CONTRACT #01-65
Sub-total $ 38,651.00
Grand Total $ 38,651.00 NCPA
AboutNCPA NCPA (National Cooperative Purchasing Alliance) is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power ofpublic agencies in all 50 states. NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. For more information, go to www.ncpa.us.
Who Can Use NCPA's Contracts There are over 90,000 agencies nationwide from both the public and nonprofit sectors that are eligible to utilize NCPA's cooperative purchasing contracts. These include, but are not limited to the following agency types:
• School Districts (including K-12, Charter schools, and Private K-12) • Higher Education (including Universities, Community Colleges, Private Colleges, and Technical I Vocational Schools) • Cities, Counties, and any Local Government • State Agencies • Healthcare Organizations • Church/Religious • Nonprofit Corporations
State Statutes Want to see your state's laws on cooperative purchasing? Click here to view your state's laws an cooperative purchasing. (http://www.ncpa.us/Statutes). This contract is accessible nationally to public agencies whose state laws allow for intergovernmental contract use.
Contracts SYNNEX NCPA 01-65 Cloud Collaboration and Storage Services SYNNEX Technology Catalog Contrnct (refer to corporate line card for list of manufacturers)
Term August 1, 2016 thru August 31, 2019 plus two additional option years.
Awarded Manufacturers This contract covers all manufacturers listed on the SYNNEX corporate line card plus services National Cooperative Purchasing Alliance
SYNNEX Contract #01 -65
On August 1st, 2016 SYNNEX was awarded a NCPA contract for Cloud Collaboration and Storage Services. Under the original RFP Tab 8, there was included a clause for "Value Added Products and Services" which allows the vendor to add "any additional products/services available that the vendor currently performs in their normal course of business that is not included in the scope of this solicitation that will enhance and add value to this contract for all NCPA participating agencies".
NCPA has accepted the entire SYNNEX Line Card Catalog under this clause for Tab 8. This allows SYNNEX to provide not only Cloud Services under their contract but also extend out their entire catalog which will be a great benefitto NCPA participating agencies.
If there are any questions on this matter feel free to reach out to me directly at 832-4 77- 34 75 or by email at [email protected]. Thank you.
Sincerely,
Jonathan Applegate Director, Operations
National Cooperative Purchasing Alliance
P.O. Box 701273, Houston, TX 77270 I 888.543.6515 J [email protected] @> .- SYNNEX CORPORATE v.' A A'; '·;rv,.f· ..·. (. 2017 LINE CARD .. ~· Corporate Headquarters Fremont, California Sales Headquarters Greenville, South Carolina Warehouse Locations 1 Fremont, California 2 Chantilly, Virginia @l @l 3 Chicago, Illinois @ 4 Richardson, Texas @ 5 Keasbey, New Jersey 6 Grove City, Ohio @ 7 Miami, Florida @ @ 8 Olive Branch, Mississippi ' * 9 Portland, Oregon 10 Ontario, California
*IS0-9001~2000 Manufacturing Facillities
ADVANCING IT INNOVATIONS SERVICES Map your destination to increased productivity, Sounds simple, but at • GSA Schedule cost savings and overall business success. Our SYNNEX we understand that • ECExpress Online Ordering true business growth requires • Software Licensing distribution centers are strategically located across access to meaningful, tangible the United States to provide you with product business infrastructure, tools, • Reseller Marketing Services where you need it when you need it Each of our and resources. That's why • Leasing over the last year we've • Integration Services distribution centers provides our customers with invested heavily in providing •Trade Up warehouse ratings of nearly 100% in accuracy and our partners with high-impact • A Menu of Financial Services business services, designed PPS (pick, pack and ship} performance. Couple that •SYNNEX Service Network with unsurpassed service from our infrastructure from the ground up to provide real value, and delivering on • ASCii Program support, giving you one more reason why you our commitment to provide • PRINTSo/v should be doing business with SYNNEX. That's unprecedented support to service and infrastructure support you can rely on! our most valuable asset, our partners. INFRASTRUCTURE Components East Leasing CTI Products (Sales) Software Auto ID I POS Sales 800.444.7279 800.451.57 44 800.444.7359 866.226.7532 800.950.5974 Components West POS Solutions Regional Office License Online West ICG Security & Contact Us: 888.756.4888 800.753.6927 800.756.5974 800.414.6596 Wireless LAN 800.688.0751 Government Sales Customer Service SMB Sales Group License Online Central/ 1.800.456.4822 800.456.4822 Ex. 4007 800.756.1888 855.899.0050 East 800.432.6980 Security Sales OEM West Supplies & Accessories www.synnex.com 800.444.7389 800.756.7888 888.223.1164
SYMl~EX33970-16 I 02/28/17 2017 LINE CARD
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SYNNEX33970-16 I 02128/17 2017 LINE CARD (CONT.
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SYNl%X33970-16 I 02/28/17 2017 LINE CARD (CONT.)
Magtek NDS Surgical Imaging Panasonic Protect Covers Mainpine, Inc Nearpod Panasonic Communications Proxima RF Malwarebytes NEC Panasonic Consumer - Security Proximity Systems Man and Machines NEC Corporation of America Panasonic Pro Video PSC Managed Objects NEC Display Solutions Panasonic Projectors Psi on Manhattan NEC Servers Panasonic Toughbooks Puppet Labs Marex Group Inc. NEC Software Panda Security Pure Orange Markzware NEC Storage Pannln Matrox Nervepoint Panorama Antenna Ologic Maxell Neschen Americas Panterra Networks Oualtrax Maxta NET Pantone Solutions Ouanmax Maxtor NetAccess Papago Quanta Maxtrak Netcomm Para Sys. Inc. Quantum MaxxR Netgear Paragon Software Quark Medlatech Netis Systems Parallels Quartet medM Netlib Partner Tech Quatech Mellanox Netmotion Patriot Memory Quatrro Memorex Netop Patrol PC Quest International Memorex Electronics Netscout Paxton Access QuesVTotoku Memory Experts Nets parker Payoda Quick Quality Cabinets Meridian Network Equipment Technologies PC Gearhead Oumu Message Labs Netwrix PC Pit Stop Message Logic Neverware PDUs Direct Rack Solutions Metadot Corp Newell Co-Sanford Peerless Industries Radaptive Metafuse dba Project Insight Newline Pelican Radiant Logic Metropolis Nexenta Pentaho Rain Design Metrologic NexGen Perteet Flt RAM Mounts Metrovac Nicware/Niclabel Peripherallogix Rapid? Mettler Toledo Niko Electionics PEXAGON RCR International Micro Mier Nimbus Data Systems Pexagon Tech Ready Dock Micron Nitro PDF PGI Red Hat MicroPac Technologies Noble Locks Pl1aros Science and Application RedGate Software Microsoft Nodeprime Phantom Glass RedyRef Microsoft ESD Nor-Tech Philips Reed Elsevier Inc. Microsoft Hosted Exchange Noreen! Phi sh Me Reflexion Microsoft OEM Notable Solutions, Inc. Phonic Ear Relaunch Aggregator Microsoft Retail Nova Development Photo Shelter ReplayXD Microsoft Surface Novastor Picas Retrospect Microsoft Surface Hub Novatel Wireless Pi-Top Rhino Technology Group Milestone Systems Novuscell Batteries Pivot3 Ricoh Mini com Now Micro Planar Ridgeline Teclinology Minuteman Power Technologies Nuance Communications Plantronics Ridgelogic MIO Teclinologies Nuance Dragon Medical Plasmon Optical Media RIF6 Mirantis Numonix Plextor Rise Vision Digital Signage Mita Nvidia Plexxi RJS Sotlware Mitel Cloud Plug-In Storage RLE Mitsubishi O'Neil Printers Plumgrid Robinson Win Word Mitsubishi Digital Electric America 02 Security Plum Laboratories Robo3D Mizco Objectworld Plus Technologies Robobak MJ Mitchell Consulting/Braggables OCN Labs PNY Rocca! Mobelisk OCSystems Point A Technologies Rocky Mountain Ram Mobile Action Technology, l11c. Octa Polley Medical Rocstor Mobile Demand OGZ Technology Polyvision/Steelcase Rose Electronics Mobile Edge ODIN Technologies POSBank USA Royal Consumer Products MobileMark Oki data POSH Manufacturing RSPA (Sungale) Mobisystems Olea Positron RSPA, lnc Monitors In Motion OLIXIR Envoy Posturite RT Sales Monoprice OnCue Power cart Rubbermaid Medical Moonwalk OneWorlc!Touch Powerglstics Ruckus Wireless MooreCo, Inc OnSSI Powervar Mota Onyx Graphics Inc Precise Biometrics Envoy SA International Motion Computing Open-E PrehKeyTec Safe-T Motorola Solutions Opengear Premium Compatibles Safety Vision Movea Open-Xchange Precision Dynamics Corp Sagemcom MPak OPS Solutions Precision Mounts Salamander MS - Cash Drawer Optoma Prestige International Samsung MSE Orlginal Power Preton Sandisk MSI Notebook OrionVM Prevalent Sanyo MSS Software OS NEXUS Prime View Sanyo Denki Multi-link Otter Products Printek SAP Muratec Otto Printer-Logic Sapien Technologies Mutare Outdoor Tech Printronix SATO MyCDesk (Elyone) Overland Storage Private Label Media Savin Oxcyon Prolabs N-Able Praline Nanonation Packaging Strategies Promethean National Service Center Packet 8 Promise Ncipher Envoy Packetviper Promisec NCP Engineering Paessler Protect Computer Products Contact Us:
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SYf\INEX33870-16 I 02128117 2017 LINE CARD (CONT.l
Scala Spracht Tidebreak Visioneer Scale Computing SPRACHT Time Warner Business VisionMAX School Messenger Sprinxle Titan Radio Vision Wireless Science Logic SSE Technologies Tobii Vi six SCM Microsystems Envoy SSG Consulting Tommo Vista quest SCO Group SSH Tool farm VM Electronics Scosche Stadia Media Toopher Vtech SCP Star Micronics Top Patch VuPoint Screenrag Startech Toshiba Vu Ryle Seagate Startech.com Toshiba Digital Display Solutions VXI SealShield STEC Toshiba Security VXL Instruments Seasonic Steganos Toshiba-Tee Sec Pod Stelle Total Computing Solutions Warp Mechanics Securly Stem Fuse Total Micro Wasp Bar Code Seiko Instruments Stephen Gould Corp. Totoku Motor Watchguard Seiko Instruments USA Still Secure Toucl1 Systems Waterdog Sen.se StorageGraft TPG WO, a Western Digital Company Sena Cases StorageTek TPKVD Web root Sencore Inc. StorMagic TP Link Weltron Sengled Stormboard Tracewell Systems We Present Sennheiser Stratus Tracker Software Westinghouse Sentry360 StulzAir Track Scan West Penn Wire ServerTech SugarGRM Transcend Information West Point ServicePoint365 Summa Inc Tranxition WeVideo Services Supercom Tremolo Security White Label Document Services Sharp Supermicro Trend Micro WhyGosh Sharegate Swiftpage TRENDnet Williams Software Group Shaun Jackson Design Swingline Trenton Systems WinMaglc Shivnet Swyx TRG Group (Wenger/SwissGear) Winston International Shuttle Computer Syam Trident Systems Wire soft Shuttle Security Syba Multimedia Tripp Lite Wirexpress SI Screens (Screen Innovations) Sychron Tri sys Wizard Wall Sierra Wireless Sychron TSC Wolters Kluwer Health Sigma Photo Symantec Ttuff Technologies Wombat Signagelive Symantec Hosted Services Turtle by Perm-A-Store Women In Bags f Fabrique Signix Symbee 1VS (Eversun- Teclmologies) Woodware Furniture SllG SyncroSoft Twinhead Worthington Distribution Silex Synel Industries Tyan Woven Systems Simples Syntax-Brillian Tycon Power Wyse Simplifi Syntela Simply NUC System Design Advantage Uniform Industrial Corp X-10 SIOS Technology, Inc Systran Unify Xerox SKB Gases Unirise Xerox Scanner Skin-It TAA Products Unitech America XFX Sky kick Tablet Express Universal Devices Xi3 SmartAVI Tablet Kiosk Uniwide XPand Cinema Smart Modular TABLETMedia UNXIS (SGO) Xplore Technologies SmartPower Systems TAG I Technology Advancement Group Unytouch Manufacturing/Firebox Xsigo Smitl1 Enterprises TAG Global Systems Upcycle Goods Xtreme Cables SMK-Link Take Charger UPEK XtremeMac Snoopwall Talis Data Systems Uptime Devices XYZ Printing Socket Mobile Tandberg Urban Armor Gear SOFT EX Tandesa US Robotics YouSendlt SottLayer Tannoy USS! Yuneec Software & Peripherals Targus Utimaco Software Shelf TCP Wave Utility Associates Zend Technologies Solarflare TOK Zettaset Solar Rig TEAC V5 Ziften Technologies Sole Source Technology Team board Valcom Zimbra Solldfire Team Viewer VanDyke Software Zinstall Solid Line Products Tech Global Vantage Point Zia go SOLO Techguard Security Vantec ZLINE Sonic Foundry Technologies LTD. VARCommerce Zmanda Sonicwall Tech Products 360 Varon is Zoom Video Sonitronix Techsmith Vault Zotac Sony Tegile VD0360 lTE Sony Chemicals TEKLYNX International Veilux ZyXel Sony Content Capture Solutions Telephonetlcs Veracity Sony Professional Monitors Teles Verbatim Sony Projectors TelWorx Verizon Sony ProSumer Displays Tely Labs Victorinox SoundTrap Tempest Lighting Victory Multimedia SP Controls Tempusnova Videobank Digital Space Saving Solutions Tenergy Videxio Spark Integration Teradici Viewer Central Spectracom TeraMedica Viewsonic Spectrum Business Teras VIO Spectrum Corporation Thecus Vircom Speechswitch The Joy Factory Virsto Contact Us: Sphere3D Tl1ermal Take Virtuu SPIKES Threaffrack Visage Mobile 1.800.456.4822 Copyright 20i7 SYNNEX Corporation. All rights reserved. SYNNEX, the SYNNEX Logo and all other SYNNEX company, product and services names and slogans are trademarks or registered trademarks of SYNNEX Corporation, SYNNEX and the SYNNEX Logo Reg. U.S. Pat. & Tm. www.synnex.com Off. Other names and marks are the property of their respective owners.
SYNl~EX33970-16 I 02/28/17 December 19, 2016
NCPA Region 14 Education Service Center 1850 Highway 351 Abilene, TX 79601
Subject: NCPA 01-65 - Letter of Authorization for Intelligent VAR Technology
Dear Sir/Madam:
The purpose of this correspondence is to document the status of Intelligent VAR Technology, as au authorized Dealer for SYNNEX Corporation's (hereinafter "SYNNEX") NCPA contract 01- 65.
SYNNEX' NCP A Contract 01-65 covers Cloud Collaboration with Dropbox aud our entire corporate line card for our catalog award. Please refer to the attached line card for a listing of the manufacturers that are included in our NCPA Contract 01-65. This information cau be verified at www.ncpa.us.
SYNNEX is au authorized distributor of various manufacturers' products. Based upon SYNNEX's relationship with these manufacturers, SYNNEX sells these manufacturers' products to value-added resellers like Intelligent VAR Technology. Intelligent VAR Technology, is authorized to purchase a wide variety of manufacturers' products through SYNNEX, for which products the manufacturers' standard warranties are also available to Intelligent VAR Technology. In some cases, however, manufacturers' purchasing restrictions and authorizations may apply.
Unless otherwise indicated, SYNNEX' standard commercial terms aud conditions, as amended from time to time, apply to all sales. This letter of authorization does not purport to provide Intelligent VAR Technology., auy additional rights thau those offered to them by each patticipating manufacturer.
If you require further information, please call me at (864) 349-4374.
Sincerely,
Ed Somers Director, Public Sector
39 Pelham Ridge Drive, Greenville, South Carolina 29615 Tele: 864.349.4374 Fax: 510.360.6532 E-mail: [email protected] COUNell., AGENDA ISi City Council City of ITEM 1£ D Successor Agency IRWINDALE ... ; DHousing Authority SEP 2 7 Z017 D Reclamation Authority AGENDA REPORT DJoint Powers Authority
Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Award of Contract for the Swimming Pool Chemical Room Improvement Project; P-954
City Manager's Recommendation:
That the City Council (1) adopt Resolution No. 2017-70-2968 entitled, "A Resolution of the City Council of the City of Irwindale Appropriating Monies from the General Fund to Fund the Balance of the Swimming Pool Chemical Room Improvement Project," waive further reading; (2) authorize the City Manager to enter into an agreement with ACE, CD, Inc. in the amount of $48,500.00 for the swimming pool chemical room improvement project; (3) approve a 20% project contingency in the amount of $9,700.00 to cover any unforeseeable conditions that may arise during construction; and (4) find that the project is categorically exempt from California Environmental Quality Act (CEQA).
Background and Analysis:
The Swimming Pool Chemical Room Improvement Project includes the installation of a new eyewash/shower station, fire sprinkler heads, tankless water heater, roof exhaust fans, air ducting and other minor repairs.
On August 23, 2017, the City Council approved plans and specification and authorized staff to solicit bids for construction of the project.
A notice inviting sealed bids for the project was advertised on August 28 and September 5, 2017 announcing the bid opening on September 19, 2017 in the San Gabriel Valley Tribune. The project was also listed in three trade publications.
On September 19, 2017, the City received three (3) bids with the following results: Contractor Bid Amount ACE CD, Inc. $48,500.00 Affordable Additions $52,000.00 Dependable Construction, Inc. $78,000.00
Page 1 Staff reviewed the bid proposals and found ACE CD, Inc. to be the lowest responsible bidder and recommends that the contract is awarded to them for this project
This project is considered categorically exempt as it falls under Section 15301 (d) of CCR, Title 14 "Guidelines for California Environmental Quality Act." - "Operation, repair, and maintenance of existing facilities."
Fiscal Impact:
Funding for this project was budgeted in the FY 2016/17 GIP General Fund Budget in the amount of $35,000, and carried forward to FY 2017/18 GIP General Fund Budget. The lowest responsible bid came in at $48,500 and we will need to budget for a 20% contingency, or $9,700. Therefore, we will need to appropriate a total of $23,200 from the general fund.
Review:
Fiscal Impact: (Initial of CFO)
Legal Impact: Electronically Approved by Fred Galante (Initial of Legal Counsel)
Prepared By: Edgar Rojas, Engineering and Mining Manager
Reviewed By/Contact: William K. Tam, Development Services Director/City Engineer
Phone: (626) 430-2212
Attachment(s): Contract Agreement for Swimming Pool Chemical Room Improvement Project
Page 2 RESOLUTION NO. 2017-70-2968
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING MONIES FROM THE GENERAL FUND FOR THE SWIMMING POOL CHEMICAL ROOM IMPROVEMENT PROJECT
WHEREAS, the Swimming Pool Chemical Room Improvement Project is identified in the City's 2017/2018 Capital Improvement Program; and
WHEREAS, the scope of work for this project includes the installation of a new eyewash/shower station, fire sprinkler heads, tankless water heater, roof exhaust fans, air ducting, and other minor repairs; and
WHEREAS, this project is considered a safety requirement and concern as the project area houses the swimming pools chlorine and acid tanks; and
WHEREAS, a formal construction bid opening occurred on Tuesday, September 19, 2017 at 10 a.m. and three bids were received; and
WHEREAS, the lowest responsible bidder is ACE CD, Inc. with a bid amount of $48,500; and
WHEREAS, the Public Works Department budged $35,000 from the General Fund Capital Improvement Project for FY2017/2018; and
WHEREAS, additional monies will need to be appropriated to cover the full cost of the contract, including a 20% contingency in the amount of $9,700 for a total of $23,200.
NOW, THEREFORE, the City Council of the City of Irwindale, California, does hereby resolve as follows:
SECTION 1. The City Council hereby appropriates $23,200 from the General Fund for the Swimming Pool Chemical Room Improvement Project.
SECTION 2. The Chief Deputy City Clerk shall certify to the passage and adoption of this resolution, and the same thereupon take effect and be in force.
PASSED, APPROVED and ADOPTED this 27th day of September 2017.
Mark A Breceda, Mayor ATTEST:
Laura M. Nieto, CMG Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, CMG, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-70-2968 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of September 2017, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, CMG Chief Deputy City Clerk AGREEMENT
THIS AGREEMENT made and entered into at Irwindale, California, by and between the City of Irwindale, (hereinafter "Agency"), and ACE CD, Inc., 147 W. Route 66 #431, Glendora, California 91740 (hereinafter "Contractor").
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE I
That the Contract consists of this Agreement, the Notice to Bidders, the Accepted Proposal, Incorporation Statement, List of Subcontractors, Licensed Contractor's Declaration, Bid Form, Bid Security Form, Bid Bond, Bid Sheet/Non-Collusion Affidavit, Labor and Material Bond, Performance Bonds, Warranty Bond, the Specifications, and Special Provisions, the Construction Drawings, the Standard Drawings and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. All of the provisions of all said Contract Documents are hereby incorporated in and made a part of this Agreement as if fully set forth herein. In the event of any inconsistency between the terms of the Contract Documents and the terms of this Contract, the terms of the Contract Documents shall govern.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to do the work and furnish the materials in accordance with said Contract Documents, which work is generally referred to as ·
CITY OF IRWINDALE SWIMMING POOL CHEMICAL ROOM IMPROVEMENT PROJECT; P-954 and to furnish at its cost and expense all tools, equipment, services, labor and materials necessary therefore, and to pay all applicable taxes, and to do everything required herein and by said Contract Documents.
627/048193-0001 59545.01 a09/20/l7 ARTICLE III
For, and only in the event of, the furnishing of all said services and materials, the obtaining of all permits and licenses of a temporary nature, the furnishing and removing of all debris and temporary work structures and temporary work installations, tools, and equipment, and the doing of all the work contemplated and embraced in said Contract Documents, also in full payment for all loss and damage arising out of the nature or performance of the aforesaid work during its progress or prior to its acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for and from all other risks of any description connected with said work, also in full payment for all expenses incurred by or in consequence of the suspension or discontinuance of said work, except such as in said Contract Documents are expressly stipulated to be borne by the Agency and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in said Contract Documents and in accordance with the requirements of the Engineer of said Agency under them; the Agency will pay and the Contractor shall receive in full compensation therefor the prices set forth in the Accepted Proposal.
ARTICLEN
The Agency hereby promises and agrees with said Contractor to employ, and does hereby employ said Contractor, to provide the material and to do the work according to the terms and conditions contained and referred to in said Contract Documents for the bid prices filled in on the Bid Sheet, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in said Contract Documents, and that the obligations and benefits set forth in said Contract shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns.
ARTICLE V
No work, services, material or equipment shall be performed or furnished under this Agreement unless and until a notice to proceed has been given in writing to the Contractor by the Agency which notice shall be given by the Engineer of said Agency within five (5) days from the date of signing this Contract by the Agency and the Contractor shall complete work within the time limit stated in the Notice to Bidders.
IN WITNESS WHEREOF, Agency and Contractor bave caused this Contract to be executed this 27th day of September 2017, by their respective officers or agents herein duly authorized.
627/048193-0001 59545.01 a09/20/17 -2- CITY OF IRWINDALE
John Davidson, City Manager
ATTEST:
By:~~~~~~~~~~~~~ Laura M. Nieto, CMG Chief Deputy City Clerk
APPROVED AS TO FORM: ALESHIRE & WYNDER, LLC
Fred Galante, City Attorney
ACE CD, Inc. 147 W. Route 66 #431, Glendora, California 91740
627/048193-0001 59545.01 a09/20/17 -3- City of Irwindale California
PROPOSAL FOR CITY OF IRWINDALE SWIMMING POOL CHEMICAL ROOM IMPROVEMENTS PROJECT P-954
The undersigned, as bidder, declares that he or she has carefully examined the location of the proposed work, the proposed form of agreement, and the plans and specifications herein referred to. He or she proposes and agrees that, if this proposal is accepted, he or she will contract with the City of Irwindale to provide all equipment, materials and labor to the satisfaction, and under the supervision of, the City Engineer at the following prices.
P-1 BIDDER'S PROPOSAL ~ I' The undersigned bidder declares that he/she has carefully examined the Plans, the General i Conditions and Specifications and agrees to complete the work so covered to the City of Irwindale. I The undersigned further declares that this proposal is made according to the provisions and under the terms of the "Notice Inviting Bids" which document is made a part of this proposal. I
CITY OF IRWINDALE SWIMMING POOL CHEMICAL ROOM IMPROVEMENTS PROJE.CT P-954
ITEMS OF WORK:
1. APPROXIMATELY 100 S.F. BUILDING RENOVATION, INCLUDING BUT NOT LIMITED TO REPLACEMENT OF ELECTRICAL AND MECHANICAL EQUIPMENT, ROOFING, LIGHTING, DOORS AND FRAMES, PAINTING AND FLOORING. MISCELLANOUS STRUCTURAL MODIFICATION PER PLANS AND SPECIFICATIONS:
(WRITTEN' IN WO. DS)
The undersigned bidder further certifies that she/he has visited the premises involved and has ascertained the extent of the work required for the Swimming Pool Chemical Room Improvements project, P- 954.
Accompanying this bid is $ ("cash," "cashier's check," or ' idder's bond:' " underline one), in an amount equal to at least ten ·percent (10%) of the total bid.
If awarded the· contract, the undersigned agrees that should he or she fail to execute the required contract, and file the necessary bonds and insurance certificates within ten (10) days (excluding Saturdays, sundays and legal holidays) after the City Engineer has mailed notice of the award of contract to him or her, the proceeds of the security accompanying this bid shall become the property of the CITY. This bid and the acceptance hereof may then, at the City option, be considered null and void.
P-2 If an individual, so state; if a partnership, state the firm name and give the names of all individual partners, limited and general; if a corporation, state the names of the president, secretary, treasurer and manager, if any. ·
NAME OF CONTRACTING FIRM 1> '/> :>ysre.JVI _.$ I nl''
ADDRESS /ltf{= ttJ1 A1N·«.i"f. Cf! :# tf31 TELEPHONE ( {i _%' ) fi qJ Q.!J 'f)_ 6 If... FAX ( 616 ) ff r:) f<. CJ ;;,__ £5 8
STATE LICENSE NO. 'f?t-t'f. Cf() r EXPIRATION DATE / tJ /,J (/ftp (f3 FEDERAL TAX IDENTIFICATION NUMBER q lj r- $'.3 S - 'f=tf !)_ L(- SIGNATURE OF BIDDER(S) - ©L-"fi>tf #t ~:::;---) \AtOitOlized Signature) DATE q·;\ q ,/"II'/--
ALL BLANKS IN SPECIF/CATIONS MUST BE FILLED IN OR BID WILL BE CONSIDERED UNRESPONSIVE.
Wifliam K. Tam, P.E. Director of Public Works
P-3 Contractor's Qualification Statement
The undersigned certifies that (he) (his firm) has successfully and properly completed jobs of like nature, magnitude, comparable difficulty, and scope as specified in these specifications.
Five (5) of the most recent contracts completed by our firm are below:
City ~ Contract Amount Date Completed
Job Title Person to Contact Phone No.
City contract Amount Dal(:) Completed
3. H~"'1'bTt/ie Pa v--K Job T le Person to Contact Phone No. 3/r!7-/ r.t? City ' Date Completed
Job Title Person to Contact Phone No.
?f38, fl{J(;? City Date Completed 5. '.'?~rrfusf: ?{ ff.terJ&·1 Parl'\ Job Title Phone No. 1 D1 AYYJt'V\ c{ fbci,rr; cit City Contract Amount Date Completed
,-----~~- ~';!;;--- Signed e:O);;•\:j~-~ · . .2
Title CpO
Dated this _k/j?,,_ day of Se.&6,. ' ,2 ~Ir
25 REFERENCES:
1. Contract Amount Type of Work Date Completed
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project.
2. Contract Amount Type of Work Date Completed
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project.
3. Contract Amount Type of Work Date Completed
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project.
4. Contract Amount Type of Work Date Completed
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project.
P-4 DESIGNATION OF SUBCONTRACTORS
Subcontractors who will perform work or render services to the contractor or who, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to the Specifications in an amount in excess of one-half of one percent of the contractor's total bid (or in excess of ten thousand dollars [$10,000.00] whichever is greater, [to be used in cases of bids involving the construction of streets or highways, including bridges]) shall be listed. Failure of the bidding general contractor to list its subcontractors on this form or one attached to this bid shall be in violation of the law and shall be subject to the penalties set forth In California Public Contract Code Sections 411 O and 4111. If a contractor whose bid is accepted later wants to substitute any subcontractor in place of a subcontractor listed in the original bid, any changes shall be subject to City approval and must comply with California Public Contract Code Sections 4107 and 4107. 5 and all applicable California Code.
The bidder shall set forth the following information below:
1. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the contractor in or about the construction of the work or Improvement, or a subcontractor licensed in the State of California who, under sub-agreement to the contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications.
2. The portion and estimated dollar amount of the work which will be done by each subcontractor. The contractor shall list only one subcontractor for each portion of work.
3. If the contractor fails to specify a subcontractor or if the contractor specifies more than one subcontractor for the same portion of work to be performed under the agreement, he/she agrees that he/she is fully qualified to perform that portion himself or herself, and that he or she shall perform that portion himself or herself.
The contractor may submit an updated DESIGNATION OF SUBCONTRACTORS from up to 24 hours after the bid opening containing (1) the estimated amount and (2) the percentage of contract. All other information shall be submitted prior to the bid opening. Please type or legibly print (attach additional sheets as necessary).
%of Contractor' Estimated$ Contr Name of Subcontractor s License# Classification Amount act
P-5 Non - collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the
THE CITY of IRWINDALE
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non~collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Developers Surety and lnde1nnity Company Indemnity Company of California CorePointe Insurance Company ArnTrusl Surety 17771 Cownn Suite 100 •Irvine, Callfornfo 92614 • {949)283-3300 v.rww.AmTrustSurety.com An AmTrust Financial Company BID BOND I BONDNO. ------N/A I 1~ KNOW ALL MEN BY THESE PRESENTS,
That we DD Systems Inc OBA Ace CD Inc
as Principal 1 and ------~D~e~ve~l~o~pe~r~•~S~u~re~tLv~•~nd=ln~d~e~m~n~itLy~C~o~m~p~a~nv~------a corporation
authorized to transact a general surety business in the State of ______~C~a~llf~o~rn~la~------
as Surety, are held and firmly bound unto -'C"i"ty_o"f-'-lrw'-"-'i'-'"nd::ca:.cle=------
------(hereinafter called the Obllgee)
in the full and just sum of Ten Percent of Total Amount Bid----
Dollars, ($ 10% of Bid ) for the payment whereof In lawful money of the United States, we bind ourselves, our
heirs, admin!strators, executors, successors and assigns, jointly and severally, firn1ly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
City of Irwindale Swimming Pool Chemical Room Improvements Project P-954
NOW, THEREFORE, If the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void; otherwise to remain in full force and effect.
Si~0ed and .(lea led thls __1_8t_h __-,- ____ day of __S_e~pt_e_m_b_e_r ______, 2017 ;\' . Yfu\R ,. .• · i\i\\i1 \.: D D Sy$tems Inc DBA Ace CD Inc Developers Surety and tndemnity_Co1m!~~:~:\ Surety ,.' .,· · ·· · \'(-;-.-. - ). ,'. I By~~' e-, "~·'-'-+o'--='"'" Principal Rebecca Haas-Bates . ·,.\ '.Attor!'ley !n Fact
'·.,.
" '''11 )J!j\;;'
A notary public or other officer oompletlng this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the ti\Jthfulness, accuracy, or validity of that document.
State of California
County of ~O~r~an~e ______
On 09118/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared _R_e_be_c_c_a _H_aa_s_·B_a_t_es_•------Name~of Signer'(s).
who proved to me on the basis of satisfactory evidence to be the person(s). whose name(S}. ls/ai:e subscribed to the within instrument and acknowledged to me that lle/she/th"l( executed the same In l'lis/her/lh
Notary Public-Callfornla (."., ...... __, ' ' ~ ~ Orange County ''sign~ - .. -:}-- Commission It 2204277 My Comm. Expires Aug 5, 2021 Signature of Notary Public
Place Notary Seal Above ------oPTJONAL------Though this sect/OIJ Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: _0_9_/1_8_12_0_1_7 ____ Number of Pages: One()) Slgner(s) Other Than Named Above: -----·------ Capaclty(ies) Claimed by Slgner(s) Signer's Name: Rebecca Haas-Bates Signer's Name: .... ----c------O Corporate Officer - Title(s): ______0 Corporate Officer - Tltle(s): ______[I Partner - O Limited O General 0 Partner - 0 Limited O General 0 Individual [i! Attorney In Fact D lndiVidual O Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator D other: ______0 Other: ______Signer Is Representing: ~~~~---- Signer Is Representing: ______Developers Surety and Inde1nnity Con1pany
©2014 National Notary Association • www.NallonalNotary.org • 1-800-US NOTARY (1·800·876·6827) Item #5907 POWER OF ATTORNEY FOR DEVeLOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS lhal0Kceplas el a~ tlle!r true and lawfu!Attomayts)·il'l-Fact, to maku. execute, dellver and ackmrnledge, for and on behalf of said corp_orallono, as suretiei11 btmdo, undertakings and controcls of sure!ysh1p gMng and grsntjng unto sald Attomey{s)·ln·Facl fuU power and aulhortly to do and lo perfotn'l BVnl)' act necessary, requisite or pr<:i1Mn to be dona In oonnecilon Uterewlth tis each of sa!d corporatlons cou!d do, but 1e~rving lo eacb of sa!d corporatloos fuU power of Gubslttuti1m and revoca.Uon, anda!I or the f!cisof eald Attomey(a~n-Fact, pursuant lo-lheso prosont&, ara horeby ra\ltled and C(Jflfimled. Thie Power ofAttotney ls granted and Is $lgned by facsimile underartd by authority of th9 fo!lowlng 11!So!UU011s adopted by \he resµacllva Boards ofDlrectora of OEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, affecilv&" of January 1sl, 2001. RESOl..VEO, that a comb!naHon of any two ol \h.e Chalrmao af Iha Board, the President Executive Vica-Prmii!l11flt, SenlotVli;e.Prnsldentor any Vice Ptas!dent of the corporations be, and lha1 aach of them hereby Is, authorized to eXei;:JJ!e Ulls Power of Allorney, qu11lifying !he a\lorney(s) named In !he Power of AttDmey to execute, on behalf of the COtporations, bonds, undertakings and oon!rncla ol suretyehip; and I.hat Ute Sacrolary or 1my Asllis!B.n\ Sooetary ol ei1~er of thn totJ)araUons bG, and eacll of them hereby 1$1 avlhorlzoU to.atlas! tha axecuUotJ of an~ such Power of Attorney: RE-SOLVED, FURTHER, lhaUhe signatures of such officers may ba affi1tlfd lo any such Power ilf Attorney or to any certificale r4ating lhareto by facslmUa, and any such Power of Attorney (lr certifieafe bearing $\ICh faeslml!a signatures: shall be vafid and binding upon lite oorporatlons whon so affix-e IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNrTY COMPANY OF CALIFORNIA havo """rally cousod lheseproson~ lobe oigned by lhefrrespe<:U\fll otflcets and attested by their respeo~vo Secretary or Assistant Sa11retary this 6\h day of February, 2017. By; cu~ Dani cl Yot.mg, Soo!or Vice-President By;~~ Maik lansdon 1 Vice--Prealdent A notary pub!lc or othar officer completing this ceruHcate verifies. only the Identity of !he indivldui;1l who ~fgned the document to which ihls certlnoz:ite Is attached, and not lhe ttulhfulness, accura 1 orvalldlty Qf that document. State or Calif om la Cotinty of Orange On ~--_,.feb=""'Cri:L."6,~2"'01u.7 ____ b11fore ma, ------el!'uoo:'lli'-o'1Ra~y"'m"'on,,,d, N:!!o"'iJl!!N-'-P'.'Aub!"llo,______Dahl HotolniMHamo 1111dlllki11 ~IU!i:I Ottl:tt persona1ly eppetlrtld ------~D~an~l~=You.,,n~n_,a~nd,,M,,,ar~k"Lane=•~d•~n------~ ~s)(ll6~f'tCc'(eJ who 11ovad to ma on tha basis of saHsractory evidence to be I.tie person(s) whose nama(s) is/are $Ubscrib;;id to thewllhln lno!rument and •clmowledged to me th al hallhellhey "'""led Ille same In hlslller/tl1oireuthor!Zed capadty(les), and lhal by hlslherltl1alr s~notuie(s) on tho inslnrmenl the pers l cortilyunder PENALTY OF PERJURY under lho laws of the Slolo of Callfurnl• that lhe loragclng parograph Is true and wrroot. Wll'NESS my hand-and om cl al seal, Place Nolal}' Seal Above Signature ------;-:=/,;,/j~~¢~;.__~t:J~'-l~'!'.~---- CERTIFICATE The undern~ned, os Secrelaryor Asslalant Secrnlnry ol DEVELOPERS SURETY ANO INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does heraby oortily !hat th~ fo!'egclng P~er of Attorney remains ln full force and basnol boon revoked and, fUrthennore, .~ ~!J1h~ P,r9~11ions of tha:resolu~ons of th& respe()!lva Boards af Directors of 1 1 1 $aid corpou1Uons set forth ll'l ihe Pwer of Attorney .are In foroo as of the date of this Certlltcale, , . ,1 i'' · , 1 ' ;' ',,,. _.-' ! ,\:." OI 1hi$Certiftcaleis axeculedln Ute Cltyof!Mne, CnHfom!a, this- 18th dayof.··'S\i\ptember , 20 By;~~~C-a!i:sieJ.~sfo~ : ; ' ~ ~ ATS-1002 (02117) . \. COUNCIL,. AGENDA ITEM_--'l._..t-___ 18 City Council Clry ef D Successor Agency D Housing Authority IRWINDALE SEP 2 7 2017 ~'" ,. D Reclamation Authority AGENDA REPORT DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Award of Contract for the Installation of Storm Drain Catch Basin Full Capture Inserts for Catch Basins that Drain to the San Gabriel River in the City of Irwindale; P-941 City Manager's Recommendation: That the City Council (1) authorize the City Manager to enter into an agreement with G2 Construction in the amount of $84,999.00 for the installation of storm drain catch basin full capture inserts for catch basins that drain to the San Gabriel River in the City of Irwindale; (2) approve a 15% project contingency in the amount of $12,749.85 to cover any unforeseeable conditions that may arise during construction; (3) approve 15% of the construction cost in the amount of $12,749.85 for construction management and inspection services; and (4) find that the project is categorically exempt from California Environmental Quality Act (CEQA). Background and Analysis: On April 7, 2015, the State Water Resources Control Board adopted the Amendment to the Water Quality Control Plan for Ocean Waters of California to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California. The provisions of this amendment apply to all surface waters of the state, with the exception of those waters within the jurisdiction of the Los Angeles Water Board with trash or debris TMDLs (i.e. Los Angeles River) that were in effect prior to the effective date of these State Trash Amendments. Since the San Gabriel River Watershed does not have a trash or debris TMDL under the Los Angeles County Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit, it must now comply with these State Trash Amendments. On August 23, 2017, the City Council approved plans and specification and authorized staff to solicit bids for construction of the project. A notice inviting sealed bids for the project was advertised on August 28 and September 5, 2017 announcing the bid opening on September 19, 2017 in the San Gabriel Valley Tribune. The project was also listed in three trade publications. Page 1 Four (4) contractors purchased plans and specifications for this project; however, G2 Construction was the only construction company to submit a bid with a cost of $84,999.00 on September 19, 2017. Staff reviewed the bid submitted by G2 Construction, Inc. and found it to be in compliance with all bid requirements. G2 Construction, Inc was also the general contractor that previously installed full capture inserts for catch basins that drain to the Los Angeles River. This project is considered categorically exempt as it falls under Title 14 - CCR, Chapter 3 - Guidelines for the Implementation of California Environmental Quality Act, Section 15301 (b) - Existing Facilities: Operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Fiscal Impact: Funding for this project has been budgeted in the CIP Budget for FY 201712018. The total budget for this project is $150,000, with 40% ($60,000) charged to the General Fund and 60% ($90,000) charged to the Special Mining Fund. Review: ~ Fiscal Impact: --"-~~...=~---- (Initial of CFO) Legal Impact Electronically Approved by Fred Galante (Initial of Legal Counsel) Prepared By: Edgar Rojas, Engineering and Mining Manager Contact By: William K. Tam, Development Services Director/City Engineer Phone: (626) 430-2212 City Manager Attachment(s): Contract Agreement for Installation of Storm Drain Catch Basin Full Capture Inserts for Catch Basins that drain to the San Gabriel River Page 2 AGREEMENT THIS AGREEMENT made and entered into at Irwindale, California, by and between the City of Irwindale, (hereinafter "Agency"), and G2 Construction, Inc., 1352 E. Borchard Ave, Santa Ana, CA 92705 (hereinafter "Contractor"). WITNESS ETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE I That the Contract consists of this Agreement, the Notice to Bidders, the Accepted Proposal, Incorporation Statement, List of Subcontractors, Licensed Contractor's Declaration, Bid Form, Bid Security Form, Bid Bond, Bid Sheet/Non-Collusion Affidavit, Labor and Material Bond, Performance Bonds, Warranty Bond, the Specifications, and Special Provisions, the Construction Drawings, the Standard Drawings and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. All of the provisions of all said Contract Documents are hereby incorporated in and made a part of this Agreement as if fully set forth herein. In the event of any inconsistency between the terms of the Contract Documents and the terms of this Contract, the terms of the Contract Documents shall govern. ARTICLE II For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to do the work and furnish the materials in accordance with said Contract Documents, which work is generally referred to as INSTALLATION OF STORM DRAIN CATCH BASIN FULL CAPTURE INSERTS FOR CATCH BASINS THAT DRAIN TO THE SAN GABRIEL RIVER IN THE CITY OF IRWINDALE; P-941 and to furnish at its cost and expense all tools, equipment, services, labor and materials necessary therefore, and to pay all applicable taxes, and to do everything required herein and by said Contract Documents. 627/048193-0001 59545.01 a09/20/17 ARTICLE III For, and only in the event of, the furnishing of all said services and materials, the obtaining of all permits and licenses of a temporary nature, the furnishing and removing of all debris and temporary work structures and temporary work installations, tools, and equipment, and the doing of all the work contemplated and embraced in said Contract Documents, also in full payment for all loss and damage arising out of the nature or performance of the aforesaid work during its progress or prior to its acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for and from all other risks of any description connected with said work, also in full payment for all expenses incurred by or in consequence of the suspension or discontinuance of said work, except such as in said Contract Documents are expressly stipulated to be borne by the Agency and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in said Contract Documents and in accordance with the requirements of the Engineer of said Agency under them; the Agency will pay and the Contractor shall receive in full compensation therefor the prices set forth in the Accepted Proposal. ARTICLE IV The Agency hereby promises and agrees with said Contractor to employ, and does hereby employ said Contractor, to provide the material and to do the work according to the terms and conditions contained and referred to in said Contract Documents for the bid prices filled in on the Bid Sheet, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in said Contract Documents, and that the obligations and benefits set forth in said Contract shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. ARTICLE V No work, services, material or equipment shall be performed or furnished under this Agreement unless and until a notice to proceed has been given in writing to the Contractor by the Agency which notice shall be given by the Engineer of said Agency within five (5) days from the date of signing this Contract by the Agency and the Contractor shall complete work within the time limit stated in the Notice to Bidders. IN WITNESS WHEREOF, Agency and Contractor have caused this Contract to be executed this 27th day of September 2017, by their respective officers or agents herein duly authorized. 627/048193-0001 59545.01 a09/20/17 -2- CITY OF IRWINDALE By:~~~~~~~~~~~~~ John Davidson, City Manager ATTEST: By:~~~~~~~~~~~~~ Laura M. Nieto, CMC Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLC By:~~~~~~~~~~~~ Fred Galante, City Attorney G2 Construction, Inc. 1352 E. Borchard Ave Santa Ana, CA 92705 627/048193-0001 59545.01 a09/20/17 -3- \ PROPOSAL TO THE HONORABLE MAYOR AND MEMBERS OF THE IRWINDALE CITY COUNCIL Gentlemen: The undernigned hereby proposes to perform all work for which a contract may be awarded them and to furnish any and all labor, material, equipment, transportation and other facilities require.d for the "INSTALLATION OF STORM DRAIN CATCH BASIN FULL CAPTURE INSERTS FOR CATCH BASINS WHICH DRAIN TO THE SAN GABRIEL RIVER IN THE CITY OF IRWINDALE, CALIFORNIA" in the City of Irwindale, California, together with appurtenances thereto, all as set forth in the Plans, specifications and in the other Contract documents, and they fmther proposes and agrees that, if their bid is accepted, they will contract in the foim and manner stipulated to perfmm all the work called for by the Drawings, Specifications, and other contract documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that they will accept as full payment therefore the unit prices named in the bid schedules formip_g.apm;µ~ *Cashier's check properly made payable to the City of Irwindale or a'""=~i~).'.J2~%,jin favor of the City vSf Irwindale for: EJG-/iT 7#?'"'5,,--v.D ljV{. NvNLJAJ;'.J dollars($ 51.500, ), which amount is not less than ten percent (10%) of the total amount of their p;:c;posal, is attached hereto and is given as a guarantee that the undersigned will execute the agreement and furnish the required bonds if awarded the Contract, and, in case of failme to do so within the time provided, proceeds of said amount shall be forfeited to the City ofirwindale; surety's liability for forfeiture to the City of Irwindale of the face amount of the bond shall be considered established. It is understood and agreed that: 1. The undersigned has carefully examined all the contract doclilllents which will form a part ofthe Contract; namely Proposal, including Licensed Contractor's Declaration; Prior W011c References; Bid Sheet/Non-Collusion Affidavit; the Bid Security Forms for Check or Bid B_ond; Agreement; Specifications; Drawings and all revisions of addenda setting forth any modifications or interpretations of any of said documents. P-1 2. The undersigned has, by investigation at the site of the work and otherwise, satisfied themselves as to the nature and location of the WOTk and fully informed themselves as to all conditions and matters which can in any way affect the work or the cost thereof. 3. The undersigned fully understands the scope of the work and has checked carefully all words and figures inserted in this bid, and they fu1ther understands that the City of Irwindale will in no way be responsible for any errors or omissions in the prepaiation of this bid. 4. The undersigned will execute the Agreement and furnish the required bonds and ce1tificates of insurance within ten (10) working days after notice to them of acceptance of their bid by the City. 5. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid or any other person, firm, or corporation refrain from bidding; the undersigned has not in any manner sought by collusion to secure for themselves an advantage over any other bidder. 6. The undersigned will accept an award and enter into a contract for all work scheduled herein on which they put in a bid. The award for such work is to be entirely at the discretion of the City after evaluation of the bids which have been submitted. If the undersigned fails or refuses to execute the contract, the City may award it to the next lowest responsible bidder. If the City does. so, then the amount of the lowest bidder's security shall be applied by the City to the difference between the lowest bid and the second lowest bid, and the surplus, if any, shall be retumed to ti1e lowest bidder. 7. The. undersigned agrees that the quantities given in bid schedule for which unit prices are bid and in other contract documents are approximate only, being given as a basls for the comparison of bids, and the contracting City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of each or to omit pmtions of such work, as may be deemed necessary or expedient by the contracting City. NOTE: All amounts and totals given in the bid schedule will be subject to verification by the City Engineer or his/her designee. In case of variation between the unit price and totals shown by the bidder, the unit price will be considered to be the. bid. In case of variation between the written words of the unit price and the written figures of the unit price, then the unit prices written in words shall prevail. P-2 INCORPORATION STATEMENT The undersigned is licensed in accordance with the laws of the State of California providing for the registration of contractors. LicenseNumbet!Classification CA Uc~ 80\;253 Ai C.6 1lbO Expiration Date 'l / 3 ! { 219 l 'ti NameofContractor b2 l'ottt>f.r-uc,h~, Iv,c_. Business Address 13 SJ. C Bov-tL.,J AV(:, ,I ;)a.J..., kc., CJt q'£, 705 Telephone Number 7 lt.f-718 -'-f Zt./2 ,/J Signature of Contractor ~gJf/~:;::; P1int Name of Contractor . ~htt R. A1 i)Ctlf""-L Check One: / Individual Firm V' Corporation !fa Corporation, Corporation organized under the laws of the State of ('.Al~~ ..IA~C... Complete this section if a Corporation: ' I l President JOv,Yl K. A1VO..lf~O Secretary ,LJ5/:/ /?/lo W AJ Treasurer c../CJN-.v /!. · ,A'- /,,pl.A}}'-C) Person who inspected site of the proposed work for your firm: Name: &~c.. t;;;_tl&V'' Date of Inspection: "1/i 3{ l 7 NOTE: If requested by t e City, the bidder shall furnish a notarized financial statement, references, and othel' information, sufficiently comprehensive to permit an appraisal of his current financial condition. LIST OF SUBCONTRACTORS (To Accompany Proposal) Subcontractors who will perform work in excess of one-half of one percent (1/2 of 1%) of the total bid price. P-4 LICENSED CONTRACTOR'S DECLARATION (To Accompany Proposal) TI1e undersigned, ___b_2_C_a_vl_cb-u~--· "-~-'.tlvi-~,_1_~_·_._< ------~ (Name of Licensed Contractor) Declares as follows: I. This Declaration is hereby incorporated in and made a part of the bid "INSTALLATION OF STORM DRAIN CATCH BASIN FULL CAPTURE INSERTS FOR CATCH BASINS .WHICH . DRAIN TO THE SAN GABRIEL RIVER IN THE CITY OF IRWINDALE, CALIFORNIA" submitted to the City of Irwindale by the undersigned (herein "Bid"). 2. The contractor's state license number and classification of the m1dersigned are as follows: 'bbl').53 - A d'.e 1 ClO 3. The contractor's state license of the undersigned expires on: tf ;,1{ '2J:>I t 4. All 1.·epresentations made in the Bid are true and correct. . ./J'JJ . ~ 7es,, ;;ti ;l~jl>f.[>{JV7.Jll[v"-:J 7t.11l8. Cao(l:CT .....yfr,1 V /, The undei-signed declared m1der penalty of pe1jury under the laws of the State of California that the foregoing is true and correct. Executed on -~9+/_1q'+f~?_...t(/~- at __S_a. __ h __ fht_c.... ______~ (Date) (City) California. Name'ofLicensed Contractor - TO THE CITY ofIRWINDALE DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to pnt in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fmthe1~ that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infonnation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is pmt of the Proposal. Signing this Prnposal on.the signature portion thereof shall also constitute signature of this Non eollnsion Affidavit. Bidders are cautioned that making a false ee1tification may subject the ce1tifier to criminal prosecution. P-6 PRIOR WORICREFERENCES (To Accompany Proposal) The General Contractor is required to submit with the bid proposal a list of at least three (3) previous projects completed within the previous 24 months giving name of organization for whom work was pe1formed, address and telephone number, and the name of the individual or individuals in charge of the project for the organization. A. Genernl Contractor Reference # 1: Organization Name Address Telephone Organization Project Manager _~J;,~"-Vi=[Cl~~-·--~~-~11_o_o_k,~------Reference #2 Organization Name Address Telephone Organization Project Manager.·_ __,4__ {.f?_._'1-_:P:-'--A_V.~&<-.'---'. ""S'-'~-~f '_, ______ Reference #3 Organization Name Address Telephone Organization Project Manager___ fl_ec_·_,y_{t_/_~-~------/ P-7 BID FORM NOTE: The City reserves the right to award a contract or reject all bids and re-advertise, as it appears to be in its best interest. All quantities shown hereon are approximate and are to be used only for a comparison of bids. Payment for quantities will be made for the actual quantities used on the job. The City reserves the right to increase or decrease the amount of any quantity shown and delete any item from the contract. THE UNDERSIGNED BIDDER AGREES THAT, IF AWARDED THE CONTRACT, HE/SHE WILL COMPLETE ALL WORK Accoi:,nING/O :zr~ PLANS AND SPECIFICATIONS. Signature of Bidder ~;tt'/~- Print Name of Bidder -~(""-J~·--'C~11_Vc~S~~-v~c.-f.~\;_"'L_·~,~kc_-_· ~·------ Address I 352 €: '&JvctudcJ Ave 1 >4b< AK" /A "/270 5 Phone( 7rf ) t/418-~D~O Contractor's License Number_5{~0~f;2~'5~3 ______ Classification/Type A1 CB 1 (foU P-8 BID SECURITY ·FORMS FOR CASHIBR'S CHECK OR BOND TO ACCOMPANY BID NOTE: The following fo1m shall be used in case check accompanies bid. Accompany)ng this proposal is a Cashier's check payable to the order of the City of Irwindale for: ___._L/If, ______tJ dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the prope1ty of said City provided this proposal sball be accepted by said City through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. 4/IA;{~~ / Signature of Bidder Jo kvt \('.'. , A/v eur0vJ.o Print Bidder's Name Date i 1 P-9 Bid Bond No. 10062696 NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (I 0%) of the total amount of the bid. BID BOND KNOW ALL MEN BY THESE PRESENTS: That, we __G~2~C~o_ns_tr~·u~c~t~io~n~h~1c~·------' as Principal, and Hudson Insmance Company , as Surety, are held and firmly bound unto the City of Irwindale, Irwindale, California, in the sum of: Eight Thousand Five Hundred dollars ($_~8"',5""0'-'0~.0"'0'------' to be paid to the City of Irwindale, its successors and assigns for which payment, well and trnly made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly . by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal of the above bonded 02 Construction, Inc. for the "INSTALLATION OF STORM DRAIN CATCH BASIN FULL CAPTURE INSERTS FOR CATCH BASINS WHICH DRAIN TO THE SAN GABRIEL RIVER IN THE CITY OF IRWINDALE, CALIFORNIA" in strict accordance with the Specifications and Drawings on file at the Office of the City Clerk of the City of Irwindale is accepted by the City through action of its legally constituted contracting authorities, and if the above bounded 02 Constrnction, Inc. , heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the required Performance Bond, Labor and Materials Bond, and Warranty Bond within ten (10) working days aftel' the date of notification by and from the said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we hereto set our hands and seals this day of 14th ,,, J/ September , 2017, ~,.7/".•.'•• 'd!tJ ~ el Un(Attorney-In-Fact ~- '·. • · NOTE: The standard printed bid bond form of any bonding com acceptable to the City may be ,us:ed in lieu of the foregoing approved sample bond form, provided the security stipulations protecting th¢ ·dty·, · 1 are not in any way reduced by used of the surety company's printed standard form. ; '· ', 1. '.' • ·: ·, i, .. '', ') . A statutorBy reqttl1·ed bond (Bid Bond, Faithful Performance and Labor and Materials Bonds)· .. b}tl~' be,. ,,· .. executed two or more sufficient personal sureties, or by one sufficient "admitted surety insurer", (l,g.;-' a,.: 1 corporate surety. The City cannot accept a bond from an admitted surety insurer until that company has filed a copy ofthe appointment or other document which authorized the signature of the person who signed the bond in the County Clerk's Office; this filing can be evidenced by a certificate issued by the County Clerk. The bond must be executed in the name of the insurer under penalty of perjury, or the fact of execution of bond must be acknowledged. P-10 Bond Number: 100()2696 ', .· POWER OF ATTORNEY ' , , ,,,, , , • , Kl'lOW A~L MEN iW THllSll Pi\ilSllN1'Si 1'!i iiUpSON(('1$\IMNC~(:OM?ANY B~~········Ghfi~~PP~:;f~ ,... ,, .,.,,,,,,, ~X~¢Uthe V.is:.e Pr¢:;i.~-~-rit STATF..()F.NEW YORK CQ\JNTY .<)!'NEW Yoli..~ ··., ,/ff ]J I {,f'{ f11::; '-~t ;~I NOTE: If the bidder desires to~ bond instead hl a check;'fh~ollowing form shall be executed, The sum of this bond shall be not Jess than ten percent (I 0%) of the total amount of the bid. BID BOND KNOW ALL MEN BY TI!ESE PRESENTS: That, we ______, as Pl'incipal, and ------• as Sutety, arE> held and ffrmly bound unto the City of Irwindale, Irwindale, California, in the sum of: ______dollars($ ) to be paid to the City of Irwindale, its successors and assigns for which payment, well and truly made, we bind ourselves, onr heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF TEilS OBLIGATION rs SUCH: That if the certain proposal of the above bonded for the "INSTALLATION OF STORM DRAIN CATCH BASIN FULL CAPTURE INSERTS FOR CATCH BASINS WHICH DRAIN TO THE SAN GABRIEL RIVER IN THE CITY OF illWINDALE, CALIFORNIA" in strict accordance with the Specifications and Drawings on file at tl1e Office of the City Clerk of the City of Irwindale is accepted by the City through action of its legally constituted contracting authorities, and if the above bounded , heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such constmction and shall execute and deliver the required Performance Bond, Labor and Materials Bond, and Wananty Bond within ten (10) worldng days after the date of notification by and from the said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and vhtne. IN WITNESS WHEREOF, we hereto set our hands and seals this day of -----~20_. NOTE: The standard printed bid bond form of any bonding company acceptable to the City may be nsed in lieu of the foregoing approved sample bond f011n, provided the security stipulatfons protecting the City are not in any way reduced by used of the surety company's printed standard form. A statutorily required bond (Bid 'Bond, Faithful Perfomiance and Labor and Materials Bonds) must be executed two or more sufficient personal sureties, or by one s11fficient "admitted surety insurer", e.g., a corporate surety. The City cam1ot accept a bond from an ad1nitte.d surety insm-er until that company has filed a copy ofthe appointment or other document which authorized the signature of the person who signed the bond in the Connty Clerk's Office; this filing can be evidenced by a certificate issued by the County Clerk. The bond must be executed in tlie name of the insurer under penalty of pe1jury, or the fact of execution of bond must be aclmowledged. P-10 The contract will be awarded to the lowest responsible bidder for the above "TOTAL BID". The undersigned bidder further cel'tifies that lze has visited the premises involved and has ascertained the extent of the work required for constl'Uction ofstorm drain catch basin full capture inserts for catch basins which dmin to the San Gabriel Riva in the City of h·windale, Califomia. Accompanying this bid is$ ("cash," "cashier's check," or "bidder's bond" .. underline one), in an amount equal to at least ten percent (l(iO/o) of the total bid. If awarded the contract, the undersigned agrees that should he or she fail to execute the required contract, and file the necessary bonds and insurance certificates within ten (10) days (excluding Saturdays, Sundays and legal holidays) after the City Engineer has mailed notice of the award of contract to him or her, the proceeds of the security accompanying this bid shall become the property of the CITY. This bid and the acceptance hereof may then, at the City's option, be considered null and void. If an individual, so state; if a partnership, state the firm name and give the names ·of all individual partners, limited and general; if a corporation, state the names of the president, secretary, treasurer and manager, if any. NAME OF CONTRACTING FIRM &2 Cti11_r;trvvh'ovt I J~. ADDRESS t352 C Bav-di.avd Ave, $.,~ ~ 1 CJ4 1;))05 TELEPHONE ( 71{ )_7_t/B_-_L/_2_t.fz_· -- FAX ( 7 rL/ ) 7'1&-4244 STATE LICENSE NO._'il~b_l~:2_:5_:._3__ EXPIRATION DATE 'O (si (")olB FEDERAL TAX IDENTIFICATION NUMBER~1:S{p:~_z SIGNATURE OF BIDDER(S) .:/d~ &- ;,!-- 1 A 1 (Authorized Signature) 1 1 PRlNT NAME OF BIDDER(S) _ _::::._co_~=-v'--=----.iK==-·2-ffi~\/tvr:__:_><-0_ O______(Authorized Signature) I Lt/ 1 DATE q/{1 l_ .. 1 I ALL BLANKS JN SPECIFICATIONS MUST BE FILLED IN OR BID WILL BE CONSIDERED UNRESPONSIVE William K. Tam, P.E. Director ofPublic Works/City Engineer P-12 COUNCIL A.GENOA ITEM . IG 0City Council City '!f" DSuccessor Agency D Housing Authority IRWINDALE SEP 2 7 2017 D Reclamation Authority AGENDA REPORT DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Authorize Master Agreement No. 00517S and Supplement Agreement No. 003 Signed by the City Manager for State Funded Project for Citywide Non Motorized Design Guidelines and Active Transportation Action Plan City Manager's Recommendation: That the City Council approve Master Agreement No. 00517S Administering Agency State Agreement for State-Funded Projects and the Program Supplement Agreement No. 003 to Administer Agency-State Agreement for Master Agreement No. 00517S authorizing the City Manager to execute said agreements; and (2) adopt Resolution No. 2017-69-2967 entitled "A Resolution of the City Council of the City of Irwindale Authorizing the Submission of Master Agreement No. 00517S and Program Supplement Agreement No. 003 to the California Department of Transportation." Background and Analysis: The City of Irwindale was awarded a $154,000 state grant in FY2016/2017 for a non infrastructure study of a Citywide Non-Motorized Active Transportation Plan. This project is intended to identify the necessity of non-motorized transportation options such as bicycle lanes and pedestrian sidewalks and will include design guideliries in an active transportation plan. The Master Agreement No. 00517S Administering Agency-State Agreement for State Funded Projects and the Program Supplement Agreement No. 003 to Administering Agency-State Agreement for State Funded Project No. 00517S is required to proceed with the Project and allow reimbursement of eligible project expenditures. As indicated in the attached Caltrans letter, dated May 28, 2017, the City cannot request reimbursement for the project until the agreement is fully executed. The Community Development Department will be working with the City Engineer's Office to oversee the development of this grant project. Staff and the City Attorney have reviewed the agreements and found each to be satisfactory and acceptable. Page 1 Fiscal Impact: The state funds provided for this project through this grant are fully reimbursable. As such, there will be no costs to the city. Review: Fiscal Impact: (Initial of CFO) Legal Impact: Electronically Approved by Fred Galante (Initial of Legal Counsel) Prepared By: Iris Espino, Business License Clerk Reviewed By/Contact: William K. Tam, Development Services Director/City Engineer Phone: (626) 430-2212 - Manager Attachment(s): Resolution No. 2017-69-2967; Caltrans Letter dated May 28, 2017; Approved Finance Letter dated July 20, 2017; Master Agreement Administering Agency-State Agreement for State Funded Projects; and Program Supplement Agreement No. 003 to Administering Agency State Agreement for State Funded Projects No 00517S. Page 2 RESOLUTION NO. 2017-69-2967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE SUBMISSION OF MASTER AGREEMENT NO. 00517S AND PROGRAM SUPPLEMENT AGREEMENT NO. Q03 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Irwindale was awarded a $154,000 state grant for a non infrastructure study of a Citywide Non- Motorized Active Transportation Plan; WHEREAS, the project is intended to identify the need for non-motorized transportation options within the City and will design its guidelines for implementation in an active transportation plan; WHEREAS, the fully executed Master Agreement No. 00517S and Program Supplement Agreement No. 003 is required to begin the project and allow for reimbursement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The City Council of the City of Irwindale hereby approves the City State Master Agreement 00517S for State Funded Projects; and SECTION 2. The City Council of the City of Irwindale hereby approves the City State Program Supplement Agreement No. 003; and SECTION 3. The City Council of the City of Irwindale hereby authorizes the City Manager and/or his designee to execute and submit City-State Master Agreement No. 00517S and Program Supplement Agreement No. 003; and SECTION 4. That the Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect. PASSED, APPROVED and ADOPTED this 27th day of September 2017. Mark A Breceda, Mayor ATTEST: Laura M. Nieto, CMC Chief Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-69-2967 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of September 2017, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Laura M. Nieto, CMC Chief Deputy City Clerk STATE OF CALIFORNIA- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor . \ DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3883 Fax (916) 654-2408 File : 07-LA-O-IRW ATPLNl-5345(010) May 28, 2017 Citywide Non Motorized Design Guidelines and Active RECEIVED Transportation Action Plan JUL 3 1 2017 Mr. William Tam CITY OF .IR\-Vl:"4iJALE Public Works Director/City Engineer PUBLIC WORKS DEP.-\lffMe:'IT City of Irwindale 5050 North Irwindale Avenue Irwindale, CA 91706 Dear Mr. Tam: Enclosed are two originals for both the Administering Agency-State Master Agreement No. 0051 ?S, and the Program Supplement Agreement No. OQ03 Rev. 000 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please sign both originals of these two Agreements and return them to this office, Office of Local Programs - MS 1within 90 days from receipt of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S BEHALF. A fully executed copy of the agreements will be returned to you upon ratification by Caltrans. No invoices for reimbursement.can be processed until the agreement is fully executed. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance Letter as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, J., ADAM AM ROSINI, Acting Chief If Office of Project Implementation - South Division of Local Assistance Enclosures c: OLP AE Project Files (07) DLAE - Steve Novotny DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 07/2012017 EA No: DIVISION OF ACCOUNTING . D CO RT: 07-LA-O-IRW LOCAL PROGRAM ACCOUNTING BRANCH Project No: ATPLNl-5345(01 O) Adv Project Id: 0717000272 Attention: City of Irwindale Period of Performance End Date: Agreement End Date: FINANCE ITEMS PRORATAOR TOTAL COST OF PART.COST STATE LOCAL LUMP SUM WORK Construction Lump Sum $154,000.00 $154,000.00 $154,000.00 $0.0( Totals: $154,000.00 $154,000.00 $154,000,00 $0.Q{ Participation Ratio: 100.00% This Finance Letter was created based on specific. financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office ahd is provided here for local agency's information and action. Signature: ~j/''-==- For questions regarding finance letter, contact: Printed Name : Robert Nguyen Title: HQS~ Telephone No: 916-651-8913 Remarks: This Finance Letter was created based on agency FL dated on 03/09/2017 Advantage ID# 0717000272. This project plan only CTC ALLOCATED 05/1812017 CON-NI $154,000 State funds ATPLNl-5345(010) ACCOUNTING INFORMATION Cooperative Work Agreement APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION APPROVED EXPIRATION ADV. PROJECT ID STATEPROG. FED/STATE UNIT AMOUNT YEAR AMOUNT BALANCE DATE AMOUNT DATE 0717000272 I 1110s I 2030720100 I I $154,ooo.oo I 1617 I $0.00 I $154,ooo.oo I 06130122 I Page 1 of 1 ------·-·----·---·------"'- - MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS 07 City of Irwindale District Administering Agency Agreement No. 00517S This AGREEMENT, is entered into effective this day of , 20 , by and between the City of Irwindale, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from either the State Transportation Improvement Program (STIP), or other State-funded programs (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 16 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved project-specific allocation letter designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on-going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS.will not participate in any portion of PRO.JECT work performed in advance of the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT. 7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in accordance with the applicable chapter of the LAPG and/or any other instructions published by STATE. 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. Page 2 of 16 10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its sub-contractor engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within ST ATE rights of way or work which affects STATE facilities. 't5. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AiGENCY or by STATE, as the PARTIES rrlay hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. The Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT. Page 3 of 16 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT-specific award information, using Exhibit 23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. A copy of Exhibit 23-A shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274-0001. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance Chapters 17 and 19 of the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all subcontracts. awarded when applicable, a clause that requires each! subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. Page 4 of 16 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available' for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The c:ost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMIN~STERING AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. \ 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT, including, but not limited to, being clear as certified or if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. Page 5 of 16 ARTICLE Ill - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed, at regular intervals or as required for efficient operation of the complete PROJECT improveme'nts. \ Page 6 of 16 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM. 6. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An indirect 1 cost allocation plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING \ AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for .. reimbursement. The indirect cost allocation plan must be prepared in accordance with the requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the Local Assistance Procedures Manual. 9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with an allocation letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter. Page 7 of 16 11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 16. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. I, I 17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set Page 8 of 16 forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. 20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 23. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 9 of 16 ARTICLEV AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such .contracts, including, but not limited to, the costs of administering those various contracts. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in'. a single fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY'S annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 10 of .16 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. l \ Page 11 of 16 ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. Page 12 of 16 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer, who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is I understood and agreed that STJ.11..TE shall fully defend, indemnify and I save harmless the I ADMINISTERING AGENCY and al~ of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not 'limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING Page 13 of 16 AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIRORNIA City of lrWindale DEPARTMENT OF TRANSPORTATION Chief, Office of Project Implementation City of Irwindale Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative) Page 14 of 16 EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, age, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated lily STATE, for the purposes of investigation to ascertain compliance with the Fair'. Employment section of this Agreement. ' 1 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which has become final or has obtained an injunction under Labor Code section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due Page 15 of 16 or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 16 of 16 PROGRAM SUPPLEMENT NO. 003 Adv Project ID Date: July 5, 2017 to 0717000272 Location: 07-LA-O-IRW ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ATPLNl-5345(010) FOR STATE FUNDED PROJECTS NO 00517S E.A. Number: Locode: 5345 This Program Supplement, effective 05/18/2017, hereby adopts and incorporates into the Administering Agency-State Agreement No. 00517S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering ·Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Citywide Non Motorized Design Guidelines and Active Transportation Action Plan TYPE OF WORK: Non lnfrastructure:Preparation of Citywide Non-motorized Active Transportation Plan Estimated Cost State Funds Matching F unds STATE $154,000.00 LOCAL OTHER $154,000.00 $0.00 $0 00 . CITY OF IRWINDALE STATE OF CALIFORNIA Department of Transportation By By --·------Title Chief, Office of Project Implementation Division of Local Assistance Date Attest Date .... ______ I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer p~ - Date c:rj;3/:u;1-:;-- $154,000.00 Program Supplement 00-517S-Q03- SERIAL Page 1of4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page of TO: FFI E PROJECT NUMBER: Claims Audits 7/13/2017 0717000272 3301 "C" Street, Rm 404 REQUIS1TlON NUMBER I CONTRACT NUMBER: Sacramento, CA 95816 RQS - 2660 - 071800000034 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: CITY OF IRWINDALE CONTRACT AMOUNT: $154,000.00 Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK I SUBTASK AMOUNT 23 2016 2660-108-0042 2017 2030720100 2620/0000 $154,000.00 . ·. . ADA Notit For individuals with sensory disabilities, this document is available in ·alternate formats. For information, call (915} 654-641 o of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 07-LA-O-IRW 07/05/2017 A TPLNl-5345(010) SPECIAL COVENANTS OR REMARKS 1. A. This PROJECT will be administered in accordance with the applicable CTC STIP . guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other. requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisiOns enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00-517S-Q03- SERIAL Page 3 of 4 07-LA-O-IRW 07/05/2017 ATPLNl-5345(01 O) SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. · I. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY will not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12), and (13). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. Program Supplement 00-517S-Q03- SERIAL Page 4 of 4 COUNCIL AGENDA ITEM_,.,..;.l~tt;.,..,_.. __ ISICity Council Cltyef DSuccessor Agency SEP 2 7 2017 D Housing Authority IRWINDALE D Reclamation Authority AGENDA REPORT DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Award of Consultant Services Agreements for As-needed Geotechnical Professional Services for Mining and Reclamation Oversight - Irwindale Technical Advisory Committee (ITAC) City Manager's Recommendation: That the City Council authorize the City Manager to execute two consultant services agreements for as-needed geotechnical professional services for mining and reclamation oversight and technical support services with ITAC members Donald Coduto and Kent McMillan. Background and Analysis: During the period of 2002 through late 2005, Professor Donald Coduto, professor of Cal Poly Pomona University's Civil Engineering Department and Dr. Kent McMillan, a registered engineering geologist contributed significantly to the completion of all four of our Technical Guidelines, as related to the safe mining and reclamation of open-pit mines in Irwindale. The four Guidelines are as follows: (1) Guidelines for Stability Analysis of Open-Pit Mines, (2) Guidelines for Drainage and Erosion Control for Open-Pit Mines, (3) Guidelines for Underwater Backfilling of Open-pit Mines and (4) Guidelines for Above-Water Backfilling of Open-Pit Mines. In January 2008, the City adopted the 2007 California Building Code (Code) and amended the Grading Section of the Code to include the four Technical Guidelines as a mandate for mining and reclamation of open-pit mines. Since the adoption of the Code, the ITAC members had been contracted with the City to provide as-needed geotechnical professional services for mining and reclamation oversight and technical support services to the City's grading unit for mine reclamation. Most of the projects that ITAC is currently involved with are related to slope stability policy and backfilling testing protocol and procedures for inert debris backfills. The involvement by ITAC is critical to the success of our Mining Enforcement Program, which is a key component of our SMARA Lead Agency responsibility. Page 1 In addition, these service agreements cover plan check and inspection services pertaining to mine reclamation grading permits. The financing for these services will be from the mine reclamation grading permit fee funding source. The term of these agreements will be for a 3-year period commencing on the date of the Notice to Proceed, with two 1-year renewal options to be exercised by the Development Services Director/City Engineer. Renewal will be exercised based upon the level of satisfaction with services provided. These professional service agreements have been reviewed and approved in form by the City Attorney's office. Fiscal Impact: The agreements shall not exceed a $50,000 annual cost for each agreement. Funding for these as-needed professional services agreements is included in the FY 2017/2018 Special Mining budget within the Public Works Department. Funds to finance the services agreements for future years will be requested through the annual budget process. There is no impact to the City's General Fund. Review: Fiscal Impact: (Initial of CFO) Legal Impact: Electronically Approved by Fred Galante (Initial of Legal Counsel) Prepared By/Contact: William K. Tam, Development Services Director/City Engineer Phone: (626) 430-2211 Attachment(s): Contract Agreements for As-needed Geotechnical Professional Services for Mining and Reclamation Oversight - Irwindale Technical Advisory Committee (ITAC) for Don Coduto and Kent McMillan. Page 2 CITY OF IRWINDALE CONTRACT SERVICES AGREEMENT FOR AS-NEEDED GEOTECHNICAL PROFESSIONAL SERVICES FOR MINING RECLAMATION OVERSIGHT - IRWINDALE TECHNICAL ADVISORY COMMITTEE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 27th day of September 2017 ("Effective Date"), by and between the CITY OF IRWINDALE, a public body, corporate and politic, (herein "City") and DONALD CODUTO, P.O. Box 730, La Verne, CA 91750, an individual (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Irwindale and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at his sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated at the rate of Two hundred and Twenty five and 00/100 Dollars ($225.00) per hour, not to exceed an annual Contract amount of Fifty Thousand and 00/100 Dollars ($50,000.00) attached hereto as Exhibit "B", with a maximum authorized amount of $150,000 for the three (3) year term of this Agreement per section 5.1 of this agreement. The City shall set the monthly schedule for Contractor's office hours within one week of the Effective Date. The Contract Sum is inclusive of all costs and expenses, unless pre-approved by the City in writing. -1- 2.2 Method of Payment Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid within ten ( 10) days after his submittal to the City of an invoice in a form approved by the City's Finance Director, which specifically describes the services performed. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Donald Coduto is hereby designated as being the principal and representative of Contractor authorized to act in his behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The Public Works Director/City Engineer of the City, is hereby designated as being the representative to the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The Public Works Director/City Engineer shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Assignment. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. Notwithstanding the foregoing, Contractor shall have the option to hire an assistant to perform the services under the Agreement. Contractor shall seek approval from the Contract Officer prior to any services rendered by any additional data service personnel. Approval of the Contractor Officer is required pursuant to the City's security clearance concerns. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, his agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that he or any of his agents or employees are agents or employees of City. -2- 4.0 INSURANCE AND INDEMNIFICATION 4.1 Required Insurance Policies. Without limiting Contractor's indemnification of the City and prior to commencement of work, Contractor shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: a. Comprehensive General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. b. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Contractor be a sole proprietor, the Contractor will have to complete and submit a declaration of sole proprietor form to the City in lieu of proof of Workers' Compensation as it is not required for sole proprietors. c. Professional Liability (errors and om1ss1ons insurance). Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. d. Automotive Insurance. Contractor shall maintain automobile insurance at lease as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident. 4.2 Insurance Deductibles and Self-insured Retentions. Any deductibles or self-insured retention's must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects the City, its officers, officials, employees, agents and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. -3- 4.3 Other Insurance Provisions. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess to the Contractor's insurance and shall not contribute with it. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. The City, its officers, officials, employees, agents and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connections with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code a 27882(b). General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. b. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. c. Each insurance policy required by this clause shall be endorsed to state that the City shall receive not less than thirty (30) days' prior written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or non renewal of any policies of insurance required hereunder. d. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. e. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. f. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officials, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in -4- compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. g. Additionally Insured Status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents shall be additional insured under such policies. The provision shall also apply to any excess liability policies. h. Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under this Agreement by Contractor, its agents, representatives, employees, subcontractors or subconsultants. i. City's Rights of Enforcement of Contract Provisions. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. j. City's Right to Revise Requirements. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such changes results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's Compensation. 4.4 Insurance Rating. All insurances polices shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance in the State of California, with an assigned policyholder's Rate of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. 4.5 Original Certificates and Amendatorv Endorsements. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by the City. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to 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, including endorsements affecting the coverage required by these specifications at any time. -5- 4.6 Subcontractors Insurance Coverage. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 4.7 Additional Insurance. Contractor shall obtain any additional kinds and amounts of insurance which, in its own judgment, may be necessary for the proper protection of any of its officers', employees', or authorized subcontractors' own actions during the performance of this Agreement. 4.8 Indemnification. In the event Contractor is named as a defendant in a civil action for any action or inaction arising out of the course and scope of Contractor's duties as Contract City Geologist, City shall indemnify Contractor in accordance with the City approved Indemnity Agreement dated August 1, 2007, attached hereto as Exhibit "C". 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall commence on the date first written above and continue in full force and effect until September 27, 2020. The term of this agreement can be extended for two (2), twelve (12) month periods with a written notice issued by the Development Services Director/Public Works Director/City Engineer. 5.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon providing Contractor twenty-four (24) hours written notice. Contractor may terminate this Agreement at any time, with or without cause, upon seven (7) days' written notice to City. Upon receipt of the notice of termination by either party, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for himself, his heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, -6- religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are ii employed and that employees are treated during employment without regard to their 11 race, color, creed, religion, sex, marital status, national origin or ancestry. I 6.2 Non-liability of City Officers and Employees. I No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any I,, amount which may become due to the Contractor or to his successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or II Ii indirect, in this Agreement nor shall any such officer or employee participate in any If decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that he has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF IRWINDALE, 5050 Irwindale Avenue, Irwindale, CA 91706, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. -7- 6.7 Severability. In the event that part of this Agreement shall be declared invalid or . unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [End - Signature Page Follows] -8- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF IRWINDALE, John Davidson, City Manager ATTEST: ,j Laura Nieto, CMC, Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Fred Galante, City Attorney CONTRACTOR: By: ______, an individual Donald Coduto P.O. Box 730 La Verne, CA 91750 [End of Signatures] -9- EXHIBIT "A" SCOPE OF SERVICES The City has adopted various ordinances, Charter prov1s1ons, land zoning, zoning overlays and technical guidelines to regulate mining operations, and has approved site specific conditional use permits ("CUP's"), development agreements and other agreements addressing specific procedures for the mining and reclamation of the quarry sites and for the backfill of such sites using inert debris fill to create industrial, commercial and retail development sites. The Contractor will assist the City's Development Services Director/Public Works Director/City Engineer in the technical oversight and assessment of ongoing mine quarry and landfill operations, review and analysis of technical quality control and quality assurance procedures and documentation, assess compliance with regulations, guidelines, CUP's, development agreements and other agreements, and review, analyze or proposes new methods of assuring the quarries are appropriately reclaimed and the landfill sites are developable without geotechnical restraints. -10- EXHIBIT "B" SCHEDULE OF COMPENSATION i! II As a member of ITAC, Mr. Donald Coduto will be compensated for the services . described in the Scope of Services pursuant to the Fee Schedule below: I I FEE SCHEDULE I• POSITION CURRENT HOURLY RATE Principal $225 Hourly rates are charged for time expended on assignment given by the Public Works Director/City Engineer only for time spent performing the services described at Exhibit "A". No hourly fees or mileage will be charged for travel to and from City Hall. Payments for services shall be made within thirty (30) days of receipt of Consultant's invoice. -11- EXHIBIT "C" INDEMNITY AGREEMENT CITY OF rrnVINDALE AND THE MEMBERS OF THE IRWINDALETECHNICAL ADVISORY COMMITTEE This INDEMNITY AGREEMENT ("Agreement") is made this I st day of August, 2007 by and between Jock M. Scott ("Scott"), a Professional Civil Engineer, Donald P. Coduto ("Coduto''), a Professional Geotechnical Engioeer, and Kent McMillan, ("McMillan"), a Professional Geologist, all licensed in the State of California (collectively "Members"), and the City of Irwindale ("City"), a California Municipal Corporation. RECITALS A City has regulatory oversight responsibilities and is lead agency for several mine quarries and inert landfill operations within its jurisdiction. B. City has adopted various ordinances, Charter provisions, land zoning, zoning overlays and technical guidelines to regulate these operations, and has approved site specific conditional usepem1its ("CUP's"), development agreements and other agreements addressing specific procedures for the mining and reclamation of the qmm-y sites and for the backfill of such sites using ine1i debris landfills to create industrial, commercial and retail development sites. C. The City has formed the Irwindale Technical Advisory Committee ("ITAC"), composed of consulting technical professionals, to assist the City in the technical oversight and assessment of on going mine quarry and landfill operations, review and analysis of technical quality control and quality assurance procedures and documentation, assess compliance with regulations, guidelioes, CUP's, development agreements and other agreements, and to review, analyze,or propose new methods of assuring the quarries are appropriately reclaimed and the landfill sites are developable without geotecbnical restraints (collectively "Reclamation Oversight Work"). D. City has retained the professional services of Coduto, Scott and McMillan to assist the City in these areas and as Members of IT AC, and by Ordinance No. 618 adopted on August 1st, 2007, the City and the Irwindale Reclamation Authority authorized the Public Works Director, with the approval of the City Manager, to appoint members to the !TAC, which would serve as the official technical advisory body to the City's Public Works Director concerning the Reclamation Oversight Work. E. TI1e members of the ITAC have concerns that in pelforming their role on behalf of the City that they may become involved in litigation, including being named personally. · F. Pursuaot to Government Code Sections 810 et seq., the City or Authority may provide for the defense of its employees and consultants when acting in the course and scope of their employment, subject to a reservation ofrights agreement. -12- G. To assure the continued retention of the unique technical and professional expertise and services provided by each Member within his own area of expertise, City and the Members wish to enter into this Agreement to specify their respective obligations. NOW, THEREFORE, in consideration of1:he foregoing and the mutual covenants set forth herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged,. the parties hereto agree as follows: 1. Reclamation Oversight Work. The ITAC and Members agree to provide to th0 City the Reclamation Oversight Work, as defined in the Recitals above, within such times, in such a manner and in the mnmmts as may be separately agreed upon between the City and the ITAC or individual Members. The parties recognize that each Member provides unique technical and professional expertise and services, at times on a collaborative basis, and at other times, on an individual basis. 2. Indemnification. In exchange for the services provided lmder Section 1 above, City shall defend, indemnify and hold harmless the ITAC, its Members, individually and collectively, and their respective agents and designated representatives (collectively, "Indemnified Parties"), from and against any and all claims, actions; damages, demands, losses, liabilities, awards, costs and expenses, of every natilre and character, including but not limited to reasonable attorneys' fees (collectively "claims"), which arise in whole or in part from, out of, or in connection with the City's oversight, enforcement ofregulations, Guidelines, CUP conditions and other agreements relative to mining quarries and landfills or the City's use of and/or reliance upon the Reclamation Oversight Work of the ITAC or Indemnified Parties for the City. City shall also defend, indemnify and hold hannless the Indemnified Parties for any claims, including claims from any third party, arising from the active or passive negligence or errors and omissions of the Indemnified Parties arising out ofthe,performance of the Reclamation Oversight \Vork, except claims which arise out of the sole negligence or willful misconduct of the Indemnified Parties or ITAC, and in connection therewith: a. Payment shall not be a condition precedent to recovery under the foregoing indemnity. b. Should the Indemnified Parties, or any of them, be made a party to any litigation arising from a claim for which City is obligated to defena the Indemnified Parties lmder the terms hereof, City shall defend the Indemnified Parties with an attorney selected by the City and pay all reasonable costs, expenses, expert fees and attorneys' fees incurred by the Indenmified Parties in c01mection therewith. The provisions of this Agreement shall survive until such time as actions against the Indemnified Parties on account of any Claim shall have been barred by applicable statutes oflimitations. -13- c. The indemnification shall be subject to the Indemnified Parties entering a Reservation of Rights Agreement, as discussed in Section 3 below. 3. Reservation of Rights, The parties agree that any indemnity and defense provided under this Agreement shall be subject to the City's reservation of rights, in the manner provided m1der California Government Code section 825(a). To this end, the City's obligation to indenmify or defend the Indenmified Parties shall not extend to those acts and omissions of the Indemnified Parties outside the scope of their agency relationship with the City or arising out of fraud, corruption or malice. 4. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mall, in the case of the City, to the City Manager and to the attention oftbe Contract Officer, CITY OF IRWINDALE, 5050 Irwindale Avenue, Irwindale, CA 91706, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement 5. Integration. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, anangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in - 'Nriting. IN WITNESS HEREOF, fue parties hereto executed this Agreement as of the day Wld year first written above. "CITY" CITY OF IRWINDALE ATTEST: f B ;(_'<--'+'1'44._....,,---:\-'-f-.+L4-\U.-""-''----.- Its APPROVED AS TO FORNI: ALESI-HF,£ & WYNDER, LLP By:o:J~- Its: Clty AttOicy -14- "MEMBERS" Donald P. Coduto, P.E., G.E. ~~ D<.roc-vvv :{O. Box 730 ' La Verne, CA 91750 -15- CITY OF IRWINDALE CONTRACT SERVICES AGREEMENT FOR AS-NEEDED GEOTECHNICAL PROFESSIONAL SERVICES FOR MINING RECLAMATION OVERSIGHT - IRWINDALE TECHNICAL ADVISORY COMMITTEE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 27th day of September 2017 ("Effective Date"), by and between the CITY OF IRWINDALE, a public body, corporate and politic, (herein "City") and KENT MCMILLAN, 10001 NE 12th Street #101, Bellevue, Washington 98004, an individual (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Irwindale and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at his sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated at the rate of Two hundred and Twenty five and 00/100 Dollars ($225.00) per hour, not to exceed an annual Contract amount of Fifty Thousand and 00/100 Dollars ($50,000.00) attached hereto as Exhibit "B", with a maximum authorized amount of $150,000 for the three (3) year term of this Agreement per Section 5.1 of this agreement. The City shall set the monthly schedule for Contractor's office hours within -1- one week of the Effective Date. The Contract Sum is inclusive of all costs and expenses, unless pre-approved by the City in writing .. 2.2 Method of Payment ·11'.. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid within ten (10) days after his submittal to the City of an invoice I'" in a form approved by the City's Finance Director, which specifically describes the m services performed. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Kent McMillan is hereby designated as being the principal and representative of Contractor authorized to act in his behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The Public Works Director/City Engineer of the City, is hereby designated as being the representative to the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The Public Works Director/City Engineer shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Assignment. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. Notwithstanding the foregoing, Contractor shall have the option to hire an assistant to perform the services under the Agreement. Contractor shall seek approval from the Contract Officer prior to any services rendered by any additional data service personnel. Approval of the Contractor Officer is required pursuant to the City's security clea~ance concerns. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, his agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that he or any of his agents or employees are agents or employees of City. -2- 4.0 INSURANCE AND INDEMNIFICATION 4.1 Required Insurance Policies. Without limiting Contractor's indemnification of the City and prior to commencement of work, Contractor shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: a. Comprehensive General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. b. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Contractor be a sole proprietor, the Contractor will have to complete and submit a declaration of sole proprietor form to the City in lieu of proof of Workers' Compensation as it is not required for sole proprietors. c. Professional Liability (errors and om1ss1ons insurance). Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. d. Automotive Insurance. Contractor shall maintain automobile insurance at lease as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident. 4.2 Insurance Deductibles and Self-insured Retentions. Any deductibles or self-insured retention's must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects the City, its officers, officials, employees, agents and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. -3- 4.3 Other Insurance Provisions. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess to the Contractor's insurance and shall not contribute with it. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. The City, its officers, officials, employees, agents and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connections with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code o 27882(b). General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. b. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. c. Each insurance policy required by this clause shall be endorsed to state that the City shall receive not less than thirty (30) days' prior written notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or non renewal of any policies of insurance required hereunder. d. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. e. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. f. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officials, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in .4. compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. g. Additionally Insured Status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents shall be additional insured under such policies. The provision shall also apply to any excess liability policies. h. Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under this Agreement by Contractor, its agents, representatives, employees, subcontractors or subconsultants. i. City's Rights of Enforcement of Contract Provisions. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. j. City's Right to Revise Requirements. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such changes results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's Compensation. 4.4 Insurance Rating. All insurances polices shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance in the State of California, with an assigned policyholder's Rate of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. 4.5 Original Certificates and Amendatorv Endorsements. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by the City. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to 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, including endorsements affecting the coverage required by these specifications at any time. -5- 4.6 Subcontractors Insurance Coverage. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. ! Ii 4.7 Additional Insurance. Contractor shall obtain any additional kinds and amounts of insurance which, in its own judgment, may be necessary for the proper I protection of any of its officers', employees', or authorized subcontractors' own actions during the performance of this Agreement. I 4.8 Indemnification. In the event Contractor is named as a defendant in a civil action for any action or inaction arising out of the course and scope of Contractor's duties as Contract City Geologist, City shall indemnify Contractor in accordance with the City approved Indemnity Agreement dated August 1, 2007, attached hereto as Exhibit "C". 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall commence on the date first written above and continue in full force and effect until September 27, 2020. The term of this agreement can be extended for two (2), twelve (12) month periods with a written notice issued by the Development Services Director/Public Works Director/City Engineer. 5.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon providing Contractor twenty-four (24) hours written notice. Contractor may terminate this Agreement at any time, with or without cause, upon seven (7) days' written notice to City. Upon receipt of the notice of termination by either party, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for himself, his heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, -6- religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to his successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that he has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF IRWINDALE, 5050 Irwindale Avenue, Irwindale, CA 91706, and in the -case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may -7- be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such I invalidity or unenforceability shall not affect any of the remaining portions of this I Agreement which are hereby declared as severable and shall be interpreted to carry out I1i the intent of the parties hereunder unless the invalid provision is so material that its 11 invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [End - Signature Page Follows] -8- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF IRWINDALE a municipal corporation John Davidson, City Manager ATTEST: Laura Nieto, CMC, Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Fred Galante, City Attorney CONTRACTOR: By: ______, an individual Kent McMillan 10001 NE 121h Street #101 Bellevue, Washington 98004 [End of Signatures] -9- EXHIBIT "A" SCOPE OF SERVICES The City has adopted various ordinances, Charter prov1s1ons, land zoning, zoning overlays and technical guidelines to regulate mining operations, and has approved site specific conditional use permits ("CUP's"), development agreements and other agreements addressing specific procedures for the mining and reclamation of the quarry sites and for the backfill of such sites using inert debris fill to create industrial, commercial and retail development sites. The Contractor will assist the City's Development Services Director/Public Works Director/City Engineer in the technical oversight and assessment of ongoing mine quarry and landfill operations, review and analysis of technical quality control and quality assurance procedures and documentation, assess compliance with regulations, guidelines, CUP's, development agreements and other agreements, and review, analyze or proposes new methods of assuring the quarries are appropriately reclaimed and the landfill sites are developable without geotechnical restraints. In addition, the City is in need of a PIT engineering geologist position. Working directly under the direction of the City's Development Services Director/Public Works Director/City Engineer, Kent McMillan (Contractor) will perform grading plan checking and geotechnical reports review as related to mine reclamation backfills in the City. The Contractor proposes to provide engineering geologist services on the following tasks: a. Assist in plan review for grading permit application for mine reclamation backfills b. Review geotechnical reports pertaining to mine reclamation backfills c. Meet with city staff, consultants, developer representatives and attend meetings as directed by the Development Services Director/Public Works Director/City Engineer d. Conduct site inspections e. Review grading permit application for mine reclamation backfills for compliance with City's Ordinance and Grading Code and prepare comments and/or corrections for return to the applicant f. Provide additional services, as necessary to process applications in a timely, proper and efficient manner g. Provide transitional services to assist the City when the City retained a new City Geologist -10- EXHIBIT "B" SCHEDULE OF COMPENSATION Kent McMillan proposes to provide the City with interim engineering geologist services with the hourly fee schedule. Hourly rates are charged for time expended on assignment given by the Development Services Director/Public Works Director/City Engineer only for time spent at City Hall performing the services described at Exhibit "A". No hourly fees or mileage will be charged for travel to and from City Hall. Payments for services shall be made within ten (10) days of receipt of Consultant's invoice. Compensation for the services described in the Scope of Services, with the exception of the identified project-based assignments, shall be billed pursuant to the Fee Schedule below. FEE SCHEDULE POSITION CURRENT HOURLY RATE Principal $225 -11- Exhibit "C" INDEMNITY AGREEMENT CITY OF IRWINDALE AND THE MEMBERS OF THE IRWINDALETECHNICAL ADVISORY COMMITTEE This INDEMNITY AGREElv!ENT ("Agreement") is made this 1st day of August, 2007 by and between Jock M. Scott ("Scott"), a Professional Civil Engineer, Donald P. Coduto ("Coduto"), a Professional Geotechnical Engineer, and Kent McMillan, ("McMillan"), a Professional Geologist, all licensed in the State of California (collectively "Members"), and the City of Irwindale ("City"), a California Municipal Corporation. RECITALS A City has regulatory oversight responsibilities and is lead agency for several mine quarries and inert landfill operations within its jurisdiction. B. City has adopted various ordinances, Charter provisions, land zoning, zoning overlays and technical guidelines to regulate these operations, and has approved site specific conditional use pem1its ("CUP's"), development agreements and other agreements addressing specific procedures for the mining and reclaniation of the quarry sites and for the backfill of such sites using inert debris landfills to crea:le industrial, commercial and retail development sites. C. The City has formed the 1rwindale Technical Advisory Committee (';ITAC"), composed of consulting technical professionals, to assist the City in the technieal oversight and assessment of on going mine quaiTy and lai1dfill operations, review and analysis of technical quality control and quality assurance procedures and docum"ntation, assess compliance with regulations, guidelines, CUP's, development agreements and other agreements, and to review, analyze or propose new methods of assuring the quarries are appropriately reclaimed and the landfill sites are developable without geotechnical restraints (collectively "Reclaination Oversight Work"). D. City has retained the professional services of Coduto, Scott and McMillan to assist the City in these areas and as Members ofITAC, and by Ordinance No. 618 adopted on August 1st, 2007, the City ai1d the Irwindale Reclaniation Authority authorized the Public Works Director, with the approval of the City Manager, to appoint members to the IT AC, which would serve as the official technical advisory body to the City's Public Works Director concerning the Reclamation Oversight \Nork. E. The members of the !TAC have concerns that in performing their role on behalf of the City that they may become involved in litigation, including being nanied personally. · F. Pursuant to Government Code Sections 810 et seg., the City or Authority may provide for the defense of its employees and consultants when acting in the course and scope of their employment, subject to a reservation of rights agreement. -12- G. To assure the continued retention of the unique technical and professional expertise and services provided by each Member within his own area of expertise, City and the Members wish to enter into this Agreement to specify their respective obligations. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged,. the parties hereto agree as follows: 1. . Reclamation Oversight Work. The !TAC and Members agTee to provide to the City the Reclamation Oversight Work, as defined in the Recitals above, within such times, in such a manner and in the arno\mts as may be separately agreed upon between the City and the ITAC or individual Members. The parties recognize that each Member provides unique technical and professional expertise and services, at tin1es on a collaborative basis, and at other times, on an individual basis. 2. Inderrmification. In exchange for the services provided wder Section 1 above, City shall defend, indemnify and hold harmless the ITAC, its Members, individually and collectively, and their respective agents and designated representatives (collectively, "Indemnified Parties"), from and against any and all claims, actions; damages, demands, losses, liabilities, awards, costs and expenses, of every natUre and character, including but not limited to reasonable attorneys' fees (collectively "claims"), which arise in whole or in part from, out of, or in connection with the City's oversight, enforcement of regulations, Guidelines, CUP conditions and other agreements relative to mining quarries and landfills or the City's use of and/or reliance upon the Reclamation Oversight Work of the ITAC or Indemnified Parties for the City. City shall also defend, indemnify and hold hannless the Indemnified Parties for any claims, including clainls from any third party, arising from the aotive or passive negligence or errors and omissions of the Indemnified Parties arising out of the.performance of the Reclamation Oversight Work, except claims which arise out of the sole negligence or willful misconduct of the Indenmified Parties or ITAC, and in com1ection therewith: a. Payment shall not be a condition precedent to recovery w1der the foregoing indemnity. b. Should the Indemnified Parties, or any of them, be made a party to any litigation arising from a claim for which City is obligated to defend the Indemnified Parties under the terms hereof, City shall defend the Indemnified Parties with an attorney selected by the City and pay all reasonable costs, expenses, expert fees and attorneys' fees incurred by the Inderrmified Parties in connection therewith. The provisions of this Agreement shall survive until such time as actions against the Indemnified Parties on account of any Claim shall have been barred by applicable statutes oflimitations. -13- c. The indemnification shall be subject to the Indemnified Parties entering a Reservation of Rights Agreement, as discussed in Section 3 below. 3. Reservation of Rights. The parties agree that any indemnity and defense provided under this Agreement shall be subject to the City's reservation of rights, in the manner provided under California Government Code section 825(a). To this end, the City's obligation to indemnify or defend the Indemnified Parties shall not extend to those acts and omissions oftlie Indemnified Parties outside the scope of their agency relationship with the City or arising out of fraud, corruption or malice. 4. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF IRWINDALE, 5050 Irwindale Avenue, Irwindale, CA 91706, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. 5. Integration. It is understood that 1here are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, mTangements, agreements and understandings, if any, between the parties, and none shall be used to rnterpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in - ·writing. IN WITNESS HEREOF, the parties hereto executed this Agreement as of the day and year first written above. "CITY" CITY OF IRWINDALE ATTEST: I APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP By:Old~· Its: City AttO~ -14- ''MEMBERS" Donald P. Coduto, P.E., G.E. {k)An, (2Cw(.!Vvv 15:0: Box 730 La Verne, CA 91750 ~~~UJZ:~ l 812 Monterey Road South Pasadena, CA 91030 -15- COUNCIL 1rGENDA ITEM-:1"""""f'\_,__ __ IZICity Council Cityef DSuccessor Agency D Housing Authority IRWINDALE SEP 2 7 2017 !! !I, D Reclamation Authority AGENDA REPORT i DJoint Powers Authority 'I) I! ! I Date: September 27, 2017 ! i To: Honorable Mayor and Members of the City Council I From: John Davidson, City Manager Issue: Authorize City Manager to Execute a Professional Service Agreement with Arrow Automotive Service for Fleet Management Services City Manager's Recommendation: Adopt Resolution No. 2017-65-2963 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH ARROW AUTOMOTIVE SERVICE FOR FLEET MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT," waiving further reading; Background and Analysis: The City of Irwindale currently maintains and operates a fleet of 45 vehicles that include work trucks, heavy equipment, police vehicles and city pool cars. These vehicles require regular maintenance and service during their lifetime. Currently, the city is using American Tire Depot in the city of West Covina. This contract was established February 22, 2012, after a competitive bid process. The contract was for two years with three (3) optional one-year extensions. We currently operate on a month-to-month agreement with our service provider. Maintenance of the city vehicle fleet is essential to proper operation as well as safety to our employees and vehicle longevity. On July 27, 2017, the City of Irwindale City Council approved and released a request for proposal (RFP) for Vehicle Fleet Management by way of soliciting formal bids in accordance with Section 3.44.090 of the Irwindale Municipal Code. The formal bid process was announced and opened on July 28, 2017, and was published in the San Gabriel Valley Tribune and on the city's webpage through our City Clerk's Office. The final submission date for completed proposals was August 17, 2017, at 5:00pm - two companies responded to the request. The RFP required detailed information on personnel, equipment, processes, experience, company profile, liability and the ability to meet various city requirements. Page 1 A professional panel was assembled on August 29, 2017, to review and critique each proposal submitted. The panel consisted of Sergeant John Fraijo, Sergeant Robert Avila, Finance Manger Jeanette Duran and Public Works Manager Pedro Rodriguez. The proposals were carefully evaluated based on the needs of the city, scope of work, customer service, expertise, references, and quality. The panel also evaluated each company on its experience working with other automotive fleets and if they have adequate equipment and personnel to provide a quality service to our organization. Each respondent was evaluated utilizing a numerical rating scale from 1 to 7, with 7 being highly qualified and 1 being unqualified. A total of five factors were evaluated regarding company representation which carried a combined possible score of 35 points per rater or an overall possible score of 140 points. A snapshot of each company's rating is below. Rett's Automotive . ---- Factor Rater #1 Rate~n2 j Rater #31 Rater #4 I Professional - 6 5 6 5 Appearance ... I J community 3 3 3 3 Involvement ---.---· - __ ,_ __ Accommodation 5 4 4 4 . Experience 4 4 4 4 Interest - 6 5 6 6 Motivation 1· ------ Arrow Automotive Factor Rater #1 lRater #21 Rater #31 Rater #4 Professional - I 7 7 ' 7 7 Appearance I community 6 6 i 6 6 Involvement I I Accommodation 7 7 7 7 7 7 I 7 7 ~-""" ...... Interest - 7 7 7 7 Motivation - --- I Page2 The table below identifies the overall ranking of the respondents: ---Rank·~l-----R-e-sponci-e-nt_____ I. - scor_e ___l_L_ab-a-,-,~~t-p~~ii~~ 1 Arrow Automotive 136 $85 -----+------··-- 2 Rett' s Automotive 90 $127.40 ·------ After careful consideration and review, Arrow Automotive scored the highest and was chosen as the most responsive to the city's needs by the professional panel. This company excelled in the areas of experience, accommodation and cost. Arrow Automotive demonstrated a high regard in areas of employee training, fleet management, and overall service to our organization. It is recommended that a Professional Services Agreement with Arrow Automotive be approved with Arrow Automotive for Vehicle Fleet Management Services for the City of Irwindale to commence November 1, 2017. Fiscal Impact: The Professional Service Agreement establishes a two-year contract with the option to renew on a year-by-year basis for a maximum three additional one year periods. It is anticipated that the overall service cost to the city will not exceed what is already budgeted. In fact, it is anticipated that we may see a reduction in costs due to the re calculated labor rate ($85) that Arrow Automotive has proposed. Currently, the city has budgeted $120,130 for fleet vehicle services. This approved budgeted amount is sufficient for this fiscal year. Subsequent increases or decreases for services for the remaining years of the agreement will need to be approved by City Council during the annual budget adoption process. Review: Fiscal Impact: ~(Initial of CFO) Legal Impact: ~ (Initial of Legal Counsel) Prepared by/Contact: Ty Henshaw, Chief of Police Phone: (626) 430-2236 Page3 Attachments: Fleet Management Services RFP Professional Service Agreement Page4 RESOLUTION NO. 2017-65-2963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH ARROW AUTOMOTIVE SERVICE FOR FLEET MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, on July 28, 2017, the City of Irwindale issued a Request For Proposals for Vehicle Fleet Management (RFP); and WHEREAS, the final submission date for completed proposals was August 17, 2017 at 5:00 p.m. - two companies responded to the request; and WHEREAS, a professional panel was assembled on August 29, 2017, to review and critique each proposal submitted; and WHEREAS, Section 3.44.090 of the Irwindale Municipal Code provides for a formal bidding process when a purchase of supplies, services and equipment with an estimated value greater than the maximum amount set by the Purchasing Resolution or more shall be made; and WHEREAS, after careful consideration and review, Arrow Automotive scored the highest and was chosen as the most responsive to the city's needs by the professional panel; and NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows: SECTION 1. Approve a Professional Services Agreement with Arrow Automotive for Vehicle Fleet Management Services for the City of Irwindale to commence November 1, 2017 and authorize the City Manager to execute the Agreement. SECTION 2. The Professional Service Agreement establishes a two-year contract with the option to renew on a year-by-year basis for a maximum of three additional one-year periods. SECTION 3. The City of lrwindale's approved budget of $120,130 for fleet vehicles is sufficient for this fiscal year. SECTION 4. The Deputy City Clerk shall attest to the adoption of this resolution . .PASSED, APPROVED AND ADOPTED this 27th day of September 2017. Resolution No. 2017-54-2952 Page 1 Mark Breceda, Mayor ATTEST: Laura Nieto, Chief Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-65-2963 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 271h day of September 2017, by the following vote: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: Laura Nieto Chief Deputy City Clerk Resolution No. 2017-65-2963 Page 2 IRWINDALE Request for Proposal Vehicle Fleet Management Services Release Date: July 27, 2017 DEADLINE FOR PROPOSALS: August 17, 2017 5:00 PM The prospective contractor shall submit a fully executed sealed proposal, to be received no later than 5:00 P.M. August 17, 2017. Sealed proposals shall be submitted to: City of Irwindale Attention: City Clerk's Office 5050 N Irwindale Avenue Irwindale, CA 91706 NOTE: Proposers are required to submit one (1) original RFP signed in ink, four (4) hard copies of the RFP, and one (1) electronic media version (CD or USB Flash Drive) copy of the RFP. Original and copies should be identified as such. Failure to provide copies may result in disqualification. 0100S.0010/380S72.S 1 IRWINDALE TABLE OF CONTENTS INTRODUCTION ...... 4 BACKGROUND ...... 4 SCHEDULE OF EVENTS ...... 4 INQUIRIES ...... s DUE DATE ...... s REQUIRED DOCUMENTS ...... s SCOPE OF SERVICES ...... •...... 6 Preventive Maintenance Service ...... 6 Unscheduled Repair Service ...... 6 Quality of Customer Service ...... 7 EVALUATION CRITERIA AND ADDITIONAL DOCUMENTS ...... 7 Proposal Questionnaire ...... 7 References ...... 7 Staffing ...... 8 Maintenance and Repair Service Costs ...... 8 SELECTION PROCESS ...... 8 TERMS AND CONDITIONS ...... 8 Term ...... 8 Maintenance and Repair Service Cost ...... 9 Award ...... 9 Rejection of Proposal ...... 9 Insurance Requirements ...... 9 Assignment/Subcontracting ...... 9 Payment ...... 9 01005.0010/380572.S 2 City Business License ...... 9 Undue Influence ...... 10 Confidential and Proprietary Data ...... 10 Proposal Preparation Costs ...... 10 Professional Licensing ...... 10 Independent Contractor ...... 10 Conflict of Interest ...... 10 ATTACHMENTS: ...... 11 01005.0010/380572.5 3 INTRODUCTION The City of Irwindale ("City") is requesting proposals from qualified proposers ("Proposer" or "Vendor") with extensive experience in providing a comprehensive vehicle fleet management program, including but not limited to emission testing, D.0.T. required inspections, and the maintenance and repair services, including all labor, parts and material necessary forthe various classifications, types, and makes/models of the City's vehicles. Due to the changing need/requirements of the fleet, the number of vehicles and fleet composition may change without prior notice. Proposers should also identify opportunities to improve current processes and to further reduce operational costs to the City. The selection will be based on variety of factors, including but not limited to the overall price, performance, reliability, and proximity of the Proposer. The needs and requirements are outlined in the following Request for Proposal ("RFP"). BACKGROUND The City has agreed to move forward with a comprehensive review and analysis of outsourcing its vehicle fleet management program. The City is a charter city, which operates under the council/manager form of government with an adopted General Fund Budget of over $20 million in Fiscal Year 2017-2018. The City of Irwindale, incorporated in 1957, has an estimated resident population of 1,423 (2017) and has a land area of 9.5 square miles. It is located in the heart of the San Gabriel Valley, approximately 20 miles east of Downtown Los Angeles. The City is a small, thriving business community in the midst of one of the world's most productive regions. The City is home to over 700 businesses, including major satellite offices and headquarters for some of the most well-known companies in the nation such as Ready Pac Produce, Miller-Coors, and Charter Communications. Other attractions and recreational activities within the City include the Irwindale Event Center (Irwindale Speedway), the Santa Fe Dam Recreation Area, and the Renaissance Pleasure Faire. The City is a "full service, charter city" and provides a wide range of services. These services include: public safety, administrative services, community development, public works, and community services. SCHEDULE OF EVENTS This RFP will be governed by the following schedule: Timeline: Date: Release of Request for Proposal July 27, 2017 Deadline for Written Questions August 10, 2017 Responses to Questions August15,2017 Proposals are Due August 17, 2017 Interview (if required) August 29, 2017 Approval of Contract September 13, 2017 All dates are subject to change at the discretion of the City. 01005.0010/380572.5 4 INQUIRIES All inquiries and/or clarification of requirements of this RFP shall be submitted via e-mail to Robert Avila, at [email protected], with the subject heading "RFP Inquiry- Vehicle Fleet Management Services." All inquiries and/or requests for clarification must be received no later than 5 p.m. (PDT) on August 10, 2017. Phone calls will not be accepted. Inquiries and/or request for clarification received after 5 p.m. (PDT) on August 10, 2017 will not receive a response from the City. The Purchasing Department expects to respond to all inquiries and/or request for clarification by 5:00 p.m. (PDT) on August 15, 2017. The Purchasing Department will post a copy of all questions received and their respective answers on the City of Irwindale Website at http://www.irwindaleCA.GOV as "Vehicle Maintenance and Repair RFP responses." It will be the responsibility of the vendor to check the City's Website to view the responses. DUE DATE Proposer interested in submitting a RFP shall submit one (1) original RFP signed in ink, four (4) hard copies of the RFP, and one (1) electronic media version (CD or USB Flash Drive) copy of the RFP. The RFP must be received at the City office by 5 p.m. (PDT), August 17, 2017. The City assumes no responsibility for proposals that are not received by the specified deadline caused by delivery service. The City shall reject late proposals. The RFP must be submitted in sealed envelopes or boxes bearing the caption "Vehicle Fleet Management Services." Respondents are advised to carefully review submission instructions contained in the RFP. Sealed envelopes or boxes may be submitted by mail or hand-delivered to the City Clerk's Department: City of Irwindale Attention: City Clerk's Office 5050 N Irwindale Avenue Irwindale, CA 91706 REQUIRED DOCUMENTS Interested entities are to provide the City with a thorough proposal. Proposals need to be specific, detailed, and straightforward, using clear, concise, and easily understood language. Proposals must be typed. No handwritten responses will be accepted. The Proposals should at least include the following: 1. Detailed Preventive Maintenance program 2. Completed Maintenance Service Costs form 3. Completed Proposal Questionnaire form 4. Completed References form 5. Completed Staffing Chart form Vendor is encouraged to include any comments and/or to attach any information that may assist the City in evaluating its ability to perform this contract. Do not make an assumption that the City will be familiar with your work. 01005.0010/380572.5 5 SCOPE OF SERVICES The successful Vendor shall demonstrate the ability to provide routine preventive maintenance ("PM") and repair services for approximately 21 police units/vehicles, 3 motorcycles, 13 trucks, 8 SUV/vans. The number, make/model, and composition of the City's fleet is subject to change throughout the term of this contract. Vendor shall perform routine repair services that include, but are not limited to, vehicle brakes, suspension, heaUair conditioning systems, electrical systems, minor engine repair, and other normal (routine) and customary repair of a commercial fleet. This scope of services is a general guide, and is not intended to be an all-inclusive list of all the work necessary for completing the project scope. It shall be the Vendor's responsibility to develop and implement a PM program to effeetively maintain all vehicle and equipment listed in the Exhibits to this RFP, to the satisfaction of the City's representative. Preventive Maintenance Service The PM maintenance shall be defined as scheduled routine inspection, servicing, repair, and replacement of equipment components on a regular basis so as to facilitate operation with a minimum downtime. The PM program shall be in accordance with industry recognized best fleet management practices, and shall comply with the original equipment manufacturer ("OEM") specifications, warranties, and recommendations. The successful Vendor's PM program shall, at a minimum, include the specifications outlined in this RFP. However, the specifications outlined in this RFP are subject to change upon approval by the City's representative. The PM specifications shall include performance of all items listed in Attachment "A" completed every 4,000 miles, and all the items listed in Attachment "B" completed every 30,000 miles. Service shall be completed by Vendor's technicians and a copy of each form shall be attached to the invoice submitted to the City for each vehicle serviced. The technician shall also include observations and explanations for any further recommended repairs. Please note that certain vehicles, such as Police units involved in a pursuit, will require post pursuit follow-up inspections by a technician. Unscheduled Repair Service As a result of PM services provided, the Vendor may make recommendations for further repair services. The Vendor shall support its recommendations for such repair work by using diagnostic statistics, accepted performance standards, vehicle history records, mileage, and other customary means. The Vendor shall obtain prior authorization before completing any further repair work that is identified as a result of PM service. Appropriate contact information will be provided upon award of contract. The required turnaround time for PM service plus routine repair services done as a result of the PM inspection shall not exceed two (2) business days. 01005.0010/380572.5 6 Quality of Customer Service The Vendor will work collaboratively with City staff to meet the following key components of the vehicle maintenance program: • Comprehensive and preventive maintenance schedule. • Full utilization of dealer standard warranty coverage. • Customer service responsiveness to maximize cost efficiencies and minimize unscheduled repairs and vehicle downtime. • Courteous, quality service while providing staff with mechanically sound, safe, and reliable vehicles. • Compliance with all State and Federal vehicle standards EVALUATION CRITERIA AND ADDITIONAL DOCUMENTS The City will evaluate submittals with the intent of selecting the most qualified Proposer. Only Vendor's with fixed service locations will be considered for contract award. Evaluation criteria include, but are no limited, to the following: 1. Ability of the Vendor to perform the scope of services outlined in this RFP. 2. Ability of the Vendor to provide appropriate insurance in adequate amounts. 3. Location of shop facility in relation to the City offices (i.e. consideration of travel time to/from City and ease of access from the identified routes.) 4. Quality of workmanship. 5. Ability and commitment to provide priority service, including turnaround time. (e.g. standard repairs and service should be completed within 48 hours.) 6. Price of specified service, parts, and repairs. 7. Reference list with names and contact information. 8. Ability to readily access and communicate with Vendor's service department. (e.g. phone calls from the City requesting service or inquiring about a vehicle status shall be returned within 60 minutes from receipt of the call.) To better assist the City during the evaluation process, Vendors shall include the following documents to their proposals: Proposal Questionnaire The Vendors shall address the questions presented in the Proposal Questionnaire (Attachment "C") and shall include them in the proposal. The Proposal Questionnaire will be evaluated and scored to determine the Vendor's ability to provide quality service at fair and reasonable prices, while maintaining high standards of customer satisfaction. References The Vendor shall provide a list of at least two (2) References (Attachment "D"). Preferably, at least one reference should be from a governmental agency. The Vendor should expect that the City will contact the references. 01005.0010/380572.5 7 Staffing The Vendor shall complete the Staffing Chart included at the end of the Proposal Questionnaire (Attachment "C") for each technical employee employed at its business. An example of a completed Staffing Chart is also included for reference. • If an employee has both technical and administrative responsibilities, indicate only technical hours on this form. • Please list type of technician certification by codes and years of experience. • Technician certification coding: J = Journey Level ASE = ASE Certification OJT = Job Experience AP = Apprentice C = State Certified Maintenance and Repair Service Costs The Vendor shall provide a list of their costs for all services, including costs for labor and parts for each service, described in Maintenance Service Costs (Attachment "E"). The list of services described is not exhaustive. Vendors are encouraged to include additional and routine services, and their respective costs, as they deem appropriate. All overhead costs, including but not limited to shop supplies, hazardous materials and disposal fees shall be included in the labor rate. For reference, such pricing provided will be reported on the Service Cost Form (Attachment "F") that will be used during the term of the service contract. A listing of the current vehicle fleet is outlined in the Service Cost Form. SELECTION PROCESS During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarification from Proposers. The City reserves the right to verify any information contained in the proposals. The City reserves the right to investigate and research proposals, including facts and opinions that could be helpful in evaluating the capabilities of the Proposers whether or not they were included in the proposals. Top ranked Proposers may be requested to attend a meeting with the City to be interviewed. The interviews will allow the designated Proposers an opportunity to answer any questions the City may have regarding their proposals. Participation in the interviews will be at no cost to the City. Subsequently, the City will make the final determination of the successful Proposer. TERMS AND CONDITIONS Term The initial term of the service contract shall be two (2) years. The City, with the consent of the Vendor, shall have the option for three (3) one-year extensions, under the same terms and 01005.0010/380572.S 8 conditions. The City reserves the right to terminate the contract at any time for reasons of violations of any term or condition of the contract. Maintenance and Repair Service Cost The Vendor must guarantee its quoted prices for the term of the service contract, adjusted by a cost of living factor not to exceed three percent (3%). Award The contract will be awarded to the Vendor whose proposal best meets the evaluation criteria in the sole and absolute discretion of the City. The selected Vendor will be required to enter into a Contract for Services (Attachment "G") with the City. Rejection of Proposal The City reserves the right to reject any or all proposals, to waive informalities and irregularities in the proposals received, and to accept any portion of any proposal or all items proposed if deemed to be in the best interest of the City to do so. Insurance Requirements Vendor is responsible for ensuring that it is capable of meeting the City's insurance requirements. The requirements are: • Statutory Worker's Compensation Insurance, and Employer's Liability Insurance coverage: $1,000,000 • Commercial General Liability Insurance: $1,000,000 • Business Auto: $1,000,000 Assignment/Subcontracting The selected Vendor shall not assign or subcontract services or responsibilities without the prior written consent of the City. The City acknowledges that subcontracting can be in the City's best interest, but reserves the right of final approval. The City may in its sole and absolute discretion have similar work done by other contractors. Payment Vendor will be paid within 45 days of the invoice date. City Business License Vendor shall secure, at the Vendor's own cost, the appropriate business license from the City prior to beginning any work or delivering any equipment or material to be furnished under this specification and proposal. 01005.0010/380572.5 9 Undue Influence The Vendor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award or terms of the contract that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly, from the Vendor or from any officer, employee or agent of the Vendor, in connection with the award of the Agreement of any work to be conducted as a result of the RFP. Violation of this Section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity. Confidential and Proprietary Data All materials received relative to this RFP will be kept confidential, until such time as the posting of any agenda recommending that the City Council award the services sought in this RFP or if this RFP is canceled, at which time the materials received will be made available to the public. Proposals received will be subject to Government Code §6250, the Public Information Act. Proposer should mark information they consider proprietary or confidential in the event it is exempt from the requirements of the Act. Proposal Preparation Costs The City is not, nor shall be deemed, liable for any costs incurred by Proposer in preparation, submittal, or presentation of their proposals. Professional Licensing The professional services provider, and any sub-consultants, shall possess any necessary professional certifications and/or licenses relative to the work to be performed required by appropriate licensing authority of the State of California and shall provide evidence of such to the City with their proposal or prior to commencement of the work in such a form as the City shall require. Independent Contractor The selected Proposer will be an independent contractor. All persons employed by the Proposer in accordance with an executed agreement resulting from this RFP will be employees of the Proposer and not of the City. Conflict of Interest No official, officer, or employee of the City or of a local public body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge, no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full disclosure of such information will be made in writing to the other party or parties, even if such 01005.0010/380572.5 10 interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title 1 of the Government Code of the State of California. ATTACHMENTS: Attachment "A": 4,000 Mile Preventative Maintenance Service Attachment "B": 30,000 Mile Preventative Maintenance Service Attachment "C": Proposal Questionnaire Attachment "D": References Attachment "E": Maintenance Service Costs Attachment "F": Service Cost Form Attachment "G": Contract for Services 01005.0010/380572.5 11 IRWINDALE CITY OF IRWINDALE Attachment- A 4000 MILE PREVENTATIVE MAINTENANCE SERVICE (or as specified by manufacturer for vehicles under warranty) 1. D Inspect the exterior of the vehicle for damage, check the windows/mirror for cracks or dings, and check that the license plates are secured on the front and rear. 2. D Check operation of all directional signals and lights. This will include interior and exterior lights. 3. D Visually check operation of all instruments and gauges. Check operation of heat/defroster and air conditioner. Visually check all interior knobs and handles (doors, locks, dash panel). 4. D Check operation of safety equipment: horn and seat belts. 5. D Check operation of the parking brake. 6. D Check operation and lube the hood latch and door locks. 7. D Check operation of the transmission and check the fluid level. Fill with the specified transmission fluid if needed, as suggested by the manufacturer. 8. D Inspect the wiper blades and wiper arms. Fill the window wash reservoir, as needed. 9. D Check the steering operation. Check the power steering fluid level and fill as needed. 10. D Visually check for coolant leaks in the radiator or hoses. Tighten hose clamps as needed. Check the coolant level in the reservoir and fill as needed. 11. D Check the battery water level and fill, if needed. If it is not a "maintenance free" type, check the sight glass for a green color. Remove and clean the battery cables and terminals. 12. D Check condition of the engine mounts. 01005.0010/380572.5 12 13. D Check condition and tension of all belts and hoses. 14. D Inspect and clean or replace the PVC valve, if needed. 15. D Check fuel lines, hoses, and fittings for leaks and tighten as required. 16. D Check operation of brakes and fluid levels, fill as needed. Visually inspect and clean the calipers, wheel cylinders, rotors, drums, and brake lining. Record the approximate front and rear remaining lining wear in mileage terms (5K +or 10K +). Brakes should be replaced if less than an estimated 5,000 miles remain in brake-lining life. 17. D Drain and replace engine oil. Replace oil filter. The replacement oil for all police vehicles is 5W20W. 18. D Inspect tire wear, tread depth and air pressure, fill if needed. Rotate the tires. 19. D Inspect condition of wheels, lug nuts, and studs. After tire rotation is complete, torque the wheels to the manufacturer's specification. 20. D Check differential fluid level and fill as needed with manufacturer recommended fluid. 21. D Inspect condition of drive-line and Li-joints. Lube as required. 22. D Check exhaust system for leaks. 23. D Lubricate and give suspension system "look and shake" inspection. Visually inspect the shocks for leaks. 24. D Visually check condition of the frame and cross members. 25. D Attach sticker that shows mileage of next service due (adding 4,000 or as specified by owner's manual if under warranty). The sticker should be placed by top right hand corner of front windshield. 26. D Check transfer case fluid level and fill as needed with manufacturer recommended fluid. 01005.0010/380572.5 13 IRWINDALE CITY OF IRWINDALE Attachment B 30,000 MILE PREVENTATIVE MAINTENANCE SERVICE All items listed in the 4,000 Mile Preventative Maintenance Service checklist and the following items: 1. D Perform a pressure check of the coolant system for leaks. 2. D Change the air and fuel filters. 3. D Perform a complete system check to include the ignition/timing, the charging voltage, charging amperage and the cranking amperage. The results must be recorded on the PM checklist. 4. D Drain the transmission fluid, replace the filter, adjust the transmission bands and replace the pan gasket. Fill transmission with manufacturer required type and specified amount of transmission fluid. Road test should be performed to ensure the fluid is circulated and that the bands are adjusted properly to have a smoothly operating vehicle. 5. D Replace all spark plugs and wires, distributor cap and rotor, and PVC valve with new OEM or better quality parts. 6. D Drain coolant system and perform back flush to system. Replace coolant. 7. D Remove thermostat and gasket and replace with new OEM or better quality part. 8. D Pressure test coolant system, check for leaks and tighten all hose clamps and fittings. 9. D A road test shall be performed for each preventive service performed for diagnosing problems, checking the effectiveness of repairs and for testing the overall operation of the vehicle. 10. D Comments. The technician must complete this section to explain any needed repairs or observations. 01005.0010/380572.5 14 IRWINDALE CITY OF IRWINDALE Attachment C PROPOSAL QUESTIONNAIRE Business Name: Phone Street Address Fax City/State/Zip E-mail Business Owner Name and Contact Information Business Manager Name and Contact Information Number of years in business I Number of Employees 1. Describe the business's access to major highways. Attach a map that clearly shows on and off ramps, direction, and distance from the shop to the City offices. 2. Describe how your business will provide secured parking for City vehicles left overnight. 3. How many years has the business been at this location? ______ 4. How many years has the business been under its current ownership? _____ 5. Briefly describe the manager's experience, including history and experience with this firm and current staff at the shop. ______ 01005.0010/380572.S 15 6. Describe the experience that your shop has in providing fleet and government service. 7. Define "quality service" as it pertains to your work and shop and list the work processes that are in place to ensure it. 8. Describe how you will ensure that diagnostic assessments and repair recommendations are necessary. 9 L.IS t th e h ours of opera f ion as f o II ows: Hours Sun Mon Tue Wed Thurs Fri Sat Overall shop hours Self-service pick-up hours Drop-off hours 10. Describe after-hours pick-up method. 01005.0010/380572.5 16 11. How will you meet required turn-around time for PM's and service repair? 12. Do you use Original Equipment Manufacturer (OEM) or after-market parts for repairs? 01005.0010/380572.5 17 Business Name: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ STAFFING CHART Engine Auto Drive Steering & Brake Electrica Heating/ Federal Wheel& Hydraulic State Comments Repair Trans- Train Suspension I System A/C A/C Tire Lift Emission mission Recoverv Certified Employee Name & Job Title: Certification Type Years of Experience Time with shop: Years: Months: Work schedule: Days Hours: Employee Name & Job Title: Certification Type Years of Experience Time with shop: Years: Months: Work schedule: Days Hours: Employee Name & Job Title: Certification Type Years of Experience Time with shop: Years: Months: Work schedule: Days Hours: Employee Name & Job Title: Certification Type Years of Experience Time with shop: Years: Months: Work schedule: Days Hours: 01005.0010/380572.5 18 ------, -,-,=~'·"''""''-V'cv-.~ '"''·""°''''"'''°"''''"''=''''''''''''''''''"-'""''·',,,;;;;w;;-,.,,.,,,-,,, , ___ ,,,,,"'" _,, ,,,_,,,N=«<='•"°'=»«=•'"""'''=·=-!!'>~'rrm="°""'"'-'' _,_,, m••••••=•;;=« ,-,,,,,-,_,,,=,-,;,, EXAMPLE Proposers Name: EXAMPLE AUTOMOTIVE STAFFING CHART Engine Auto Drive Steering & Brake Electrical Heating/ Federal Wheel& Hydraulic State Comments Repair Trans- Train Suspension System AIC Tire Lift Emission mission A!C Recovery Certified Employee Name & Job Title: John Smith I Shoo Suoervisor Certification J J J J J J J J J J c Type Years of 17 17 17 17 20 16 10 5 20 10 5 Exoerience Time with shop: Years: 18 Months: 5 I Work schedule: Days Mon - Fri Hours: 8 hrs. ger day Employee Name & Job Title: Robert Garcia I Mechanic Certification ASE ASE ASE ASE ASE ASE ASE c ASE ASE c Tyoe Years of 10 10 10 10 10 10 7 5 10 5 5 Experience Time with shop: Years: 5 Months: 3 I Work schedule: Days Mon - Fri Hours: 7 hrs ger day Employee Name & Job Title: Carl Kennedv I Mechanic Certification OJT OJT OJT OJT OJT OJT OJT c OJT OJT c Type Years of 22 22 22 22 22 22 22 3 22 22 3 Experience Time with shop: Years: 10 Months: 3 I Work schedule: Days Mon - Fri Hours: 8 hrs ger day Employee Name & Job Title: Darla Figueroa/ Mechanic Certification AP AP AP AP J AP AP AP J AP c Type Years of 2 2 2 2 2 2 2 2 2 2 2 Experience Time with shop: Years: 2 Months: 4 I Work schedule: Days Tues - Sun Hours: 8 hrs each day 01005.0010/380572.5 19 -=-="-"'"'""w'' ''"'"""''""''"'"''--""""'"" ,,, '""'"'""'''"""""""'"''''''""~=-"°'''°"'-0'<"''>'«'°'''"°''-""' m-C-"lWOg~~··--~~~~~~~ IRWINDALE CITY OF IRWINDALE Attachment "D" REFERENCES Fleet Reference 1 Name of Company/Organization: Address: Contact Person: Contact Phone: Primary Use of Fleet: Type of Vehicles: Fleet Reference 2 Name of Company/Organization: Address: Contact Person: Contact Phone: Primary Use of Fleet: Type of Vehicles: 01005.0010/380572.5 20 IRWINDALE CITY OF IRWINDALE Attachment "E" MAINTENANCE SERVICE COSTS Smog Check Check emissions components and test vehicles. Electronically submit certificates to the State and obtain records Front Brakes Re-surface/replace brake pads, rotors and pack bearings (when needed). Check brake calipers and hoses Rear Brakes Re-surface/replace brake pads, rotors and pack bearings (when needed). Check brake calipers and hoses (remove and replace if needed) Transmission Service Remove transmission pan, drain fluid, replace filter and renew fluid then road test Wire Set Ignition Remove and replace new ignition wire set (if need) Tire Rotation Remove and rotate all four tires and check for wear Air Conditioning Service Check, test, recharge air conditioning system for operation. Check belt tension and system for leaks Coolant Flush Pressure test system for leaks, flush cooling system and add new coolant. Check belts and hose Engine Diagnostic Perform diagnostic scan checks. Check all circuits and perform pin test. Retrieve trouble codes and advise diagnostic report and recommend repair and maintenance needed Post Police Pursuit Check Inspect police unit post pursuit. Advise and report any recommended repair and maintenance needed as a result of the pursuit (This list of services described is not exhaustive. Vendors are encouraged to include additional and routine services, and their respective costs, as they deem appropriate.) 01005.0010/380572.S 21 IRWINDALE CITY OF IRWINDALE Attachment "F" SERVICE COST FORM Labor hours Labor PD127 I 2003 I Chevy 2500 I Patrol I 45720 I 1169156 I Costs/Hr Parts Total Cost Labor hours Labor PD137 I 2006 I Dodge Charger Detective Bureau I 58077 I 5WFF033 I Costs/Hr Parts Total Cost Labor hours Labor PD140 I 2006 I Dodge Charger I Administration I 74965 I 5WYR631 I Costs/Hr Parts Total Cost Labor hours Labor PD145 I 2008 I Dodge Charger Administration I 97676 I 6DEG142 I Costs/Hr Parts Total Cost Labor hours Labor PD149 I 2005 I GMC Yukon I Detective Bureau- Sergeant I 151221 I 6SLV246 I Costs/Hr Parts Total Cost Labor hours Ford Econoline Equipment Emergency Response PD150 I 1998 I 1271625 1271625 Costs/Hr Truck I Vehicle (ERV) I I ~Parts Total Cost 01005.0010/380572.5 22 Service Cost Form (Continued) Labor hours Labor PD151 I 2005 I Honda Motorcycle I Traffic Division I 75673 I 1261947 I Costs/Hr Parts Total Cost Labor hours Labor PD152 I 2005 I Honda Motorcycle I Traffic Division I 53918 I 1261948 I Costs/Hr Parts Total Cost Labor hours Labor PD154 I 2010 I Dodge I Patrol I 64796 I 1367580 I Costs/Hr Parts Total Cost Labor hours Labor PD157 I 2011 I Dodge Charger Patrol I 64980 I 1376623 I Costs/Hr Parts Total Cost Labor hours Labor PD158 I 2011 I Dodge Charger I Patrol I 56270 I 1376622 I Costs/Hr Parts Total Cost Labor hours Labor PD159 I 2011 I Chevy Tahoe I Patrol I 88936 I 1375105 I Costs/Hr Parts Total Cost 01005.0010/380572.S 23 Service Cost Form (Continued) Labor hours Labor PD160 I 2012 I Dodge Charger Patrol 72430 I 1376862 I Costs/Hr I I Parts Total Cost Labor hours Labor PD161 I 2004 I Chevy Silverado 1500 I Detective Bureau I 105957 I 5351F1 I Costs/Hr Parts Total Cost Labor hours Labor PD162 I 2012 I Dodge Charger I Patrol I 52137 I 1088752 I Costs/Hr Parts Total Cost Labor hours Labor PD163 I 2012 I Dodge Charger I Patrol I 55613 I 1088751 I Costs/Hr Parts Total Cost Labor hours Labor PD166 I 2012 I Kia Sedona I Detective Bureau I 73507 I 7DWH230 I Costs/Hr Parts Total Cost Labor hours Labor PD167 I 2015 I Ford Interceptor I Patrol I 41490 I 1429317 I Costs/Hr Parts Total Cost 01005.0010/380572.5 24 Labor hours Labor PD168 I 2015 I Dodge Charger Patrol I 29328 11429315 I Costs/Hr Parts Total Cost Labor hours Labor PD169 I 2015 I Dodge Charger I Patrol I 31121 11429315 I Costs/Hr Parts Total Cost Labor hours Labor PD170 I 2016 I Dodge Charger Administration- Chief I 30660 I 7~K03 I Costs/Hr Parts Total Cost Labor hours Labor PD171 I 2016 I Dodge Charger I Administration- Captain I 18168 I 7T~X48 I Costs/Hr Parts Total Cost Labor hours Labor Patrol- Supervisor PD172 I 2016 I Chevy Tahoe 9127 Costs/Hr I Command Post Unit I 114293221 Parts Total Cost Labor hours Honda Motorcycle Labor Costs PD173 I 2015 I Traffic Division 5968 13004563 ST1300 I I Parts Total Cost 01005.0010/380572.5 25 ~-·~----~---- "·"''~·""""·"'"'-"''h• <-->--•··------"'"''"---A ,;1'""'"""'"''"-'·"''""W"' "' -- ""'''' %WO@%H@•• --- "''""''""''m --~- 4 m•--~~,,,,,==m~~~~~~~~ Labor hours Labor PW101 I 2002 I Dakota Sport I General Maintenance I 41578 I 1125231 I Costs/Hr Parts Total Cost Labor hours Labor PW102 I 2002 I Dakota Sport Ext. Cab I Park- Lead Man I 38684 I 1125278 I Costs/Hr Parts Total Cost Labor hours Labor PW103 I 2002 I Dakota Sport Ext. Cab Park I 25959 I 1125235 I Costs/Hr Parts Total Cost Labor hours Labor PW104 I 2002 I Dakota Sport I Park I 46182 I 1125232 I Costs/Hr Parts Total Cost Labor hours Labor PW107 I 2000 I F150 Ext. Cab I Park I 83875 I 1042301 I Costs/Hr Parts Total Cost Labor hours Labor PW109 I 2008 I Silverado 2500 Crew Cab I Street- Lead Man I 67164 I 1271573 I Costs/Hr Parts Total Cost 01005.0010/380572.5 26 Labor hours Labor PW111 I 2007 I Dodge Ram 3500 Utility I Street I 23456 j 1263619 j Costs/Hr Parts Total Cost Labor hours Labor Costs PW117 I 2001 I GMC C7500 Dump Truck I Street I 3231 I 1343859 I Parts Total Cost Labor hours Labor pw108 I 1999 I Ford F250 Crew Cab Pickup I Street 91064 11024497 I Costs/Hr (Patch Truck) I Parts Total Cost Labor hours Labor Costs PW10e I 1999 I Ford F350_ Supe_r Duty Cab & Street 27549 Chassis (Paint Truck) 1132889 Parts I 1 1 Total Cost Labor hours Labor Costs pw105 I 2003 I Ford F550 Super Duty Aerial I Street 6169 Lift Truck 1166023 Parts I 1 1 Total Cost Labor hours Labor Costs PW112 I 2002 I Dodge Ram 150 Crew Cab I Public Works Manager I 54735 I 1125225 I Parts Total Cost 01005.0010/380572.S 27 Service Cost Form (Continued) Labor hours Ford Transporter 8 Labor Costs/Hr SC1 I 2004 I Passenger E350 Super Senior Center 28121 1174160 Parts Cargo Van w/wheelchair lift Total Cost Labor hours Labor Costs/Hr SC3 I 2000 I Honda Odyssey Van Senior Center 28103 I 1429302 I I I Parts Total Cost Labor hours I I Labor Costs/Hr R3 I 2004 I Ford Excursion 4X4 XLT Recreation I 75420 1069171 Parts Total Cost Labor hours C4 I 1999 I Ford Crown Victoria Planning I 116 068 I 1253743 I Labor Costs/Hr I ' Parts Total Cost Labor hours C5 I 1999 I Ford Crown Victoria Planning 73 677 I 1271581 I Labor Costs/Hr I ' Parts Total Cost Labor hours E1 I 2003 I Ford Crown Victoria Engineering I 104 028 I 1159404 I Labor Costs/Hr I ' Parts Total Cost Labor hours E3 I 2002 I Chevy Trailblazer Engineering I 206390 I 1429325 I Labor Costs/Hr I Parts Total Cost 01005.0010/380572.5 28 Labor hours Labor Costs/Hr C1 I 2008 I Chrysler 300 City Manager I 149072 I 3QRD881 I Parts Total Cost Labor hours Labor Costs/Hr Ford Crown Victoria P3 12002 City Hall - Pool Vehicle 56544 I VIN 2FAFP71W72X115805 1113065 Parts I I 1 1 Total Cost 01005.0010/380572.S 29 IRWINDALE CITY OF IRWINDALE Attachment "G" CITY OF ffiWINDALE CONTRACT SERVICES AGREEMENT FOR ---~SAMPLE ___ THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into this __ day of , 2017, by and between the CITY OF IRWINDALE, a California municipal corporation ("City") and ______(herein "Consultant"). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of ______Dollars($ ___) ("Contract Sum"). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor 01005.0010/380572.5 30 contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay 0100S.0010/380S72.S 31 in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4. COORDINATION OF WORK 4.1 Representative of Consultant. , is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5 INSURANCE AND INDEMNIFICATION 5.1 Required Insurance Policies. Without limiting Consultant's indemnification of the City and prior to commencement of services, Consultant shall obtain, provide and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: a. Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy must include 0100S.0010/380S72.S 32 contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. b. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. c. Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. d. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). 5.2 Other Provisions or Requirements. a. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers' Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers' Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance of services. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. Duration of Coverage. Consultant shall procure and maintain each of the insurance policies required in Section 5.1 for the duration of the Agreement, and any extension thereof. c. Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant's insurance and shall not contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. d. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly 01005.0010/380572.5 33 reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. e. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. f. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. g. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. h. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. i. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. j. Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. k. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved by the City in writing. I. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto 01005.0010/380572.5 34 or involved in these services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review. n. City's Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. o. Deductibles/ Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense. p. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. q. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. a. Indemnity for Professional Liability. Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs where the same arise out of, are a consequence of, or are in any way attributable to whole or in part by, any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. b. Indemnity for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City. 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 01005.0010/380572.S 35 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. 6.3 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of th is Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 01005.0010/380572.5 36 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes: Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty {30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration ofTerm. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty {30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty {60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this OlOOS.0010/380572.S 37 Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8 MISCELLANEOUS 8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Ave., Irwindale CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8.4 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 0100S.0010/380S72.S 38 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials ___ 8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any 01005.0010/380572.5 39 provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF IRWINDALE, a municipal corporation ____,Mayor ATIEST: ___, Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Fred Galante, City Attorney CONSULTANT: By: ______ Name: Title: By: ______ Name: Title: Address: ______ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE 01005.0010/380572.5 40 BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01005.0010/380572.5 41 GI City Council City if DSuccessor Agency D Housing Authority IRWINDALE SEP 2 7 2017 D Reclamation Authority AGENDA REPORT DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Proposed Policy Related to City Facility and Street Naming City Manager's Recommendation: That the City Council approve Resolution number 2017-67-2965, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPROVING THE CITY FACILITY AND STREET NAMING POLICY AND ESTABLISHING AN APPLICATION PROCESS", waiving further reading. Background and Analysis: On July 12, 2017, City Council directed staff to develop a policy related to City facility and street naming. Based on City Council direction, staff has prepared the attached draft City Facility and Street Naming Policy (Policy) for consideration. The proposed Policy includes provisions related to the process of naming I renaming a facility or street after an individual or organization. In addition, the proposed Policy contemplates the establishment of a special commemorative street name I commemorative facility plaque program. Key components included in the guidelines are as follows: • The policy outlines the guidelines, criteria, and process for naming or renaming City facilities and streets, with the City Council having the final authority on any naming decisions. • The policy outlines factors that should be taken into account when considering naming a City facility or street after an individual; specifically that the person or organization should have made a lasting and significant contribution to Irwindale. • The policy identifies that in addition to streets, City parks, buildings, recreational facilities, and areas within City facilities can all be named in honor of an individual or group. • The policy outlines a new commemorative street name and commemorative plaque program which can be used to honor individuals and I or organizations. Page 1 • The policy outlines the following procedure for renaming a City facility I street: o Any request for naming I renaming a City facility or street shall be submitted to the City Manager's Office on the City Facility Naming Application Form. o If the proposed facility or street naming request is to recognize a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of Irwindale. o The City Manager shall then place the facility naming I renaming proposal on a future City Council agenda for formal consideration and review. o The City Council decision will be final. If the City Council denies the request, no further action is required. If the City Council approves the request, staff will be directed to move forward with the implementation. Fiscal Impact: There is no fiscal impact to implement this policy, however as facilities and streets are named I renamed, there may be a financial cost for the signage. The cost for the signage will vary depending on the type and size of signage. As items are presented to the City Council for consideration, the fiscal impact will identify the costs associated with signage. Review: Fiscal Impact:~ (Initial of CFO) ,../i...11 Legal Impact: f'¥/ (Initial of Legal Counsel) Prepared By/Contact: Theresa Olivares, Assistant to the City Manager Phone: (626) 430-2294 Attachment(s): 1. Resolution 2017-67-2965, "A Resolution of the City Council of the City of Irwindale, California Approving the City Facility and Street Naming Policy and Establishing an Application Process" 2. Attachment "A": City of Irwindale Facility and Street Naming Policy Page 2 RESOLUTION NO. 2017-67-2965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA APPROVING THE CITY FACILITY AND STREET NAMING POLICY AND ESTABLISHING AN APPLICATION PROCESS WHEREAS, public requests have identified a need to establish a Policy governing the guidelines for the naming of City facilities and streets; WHEREAS, a City Facility and Street Naming Policy (Policy), is intended to provided structure and guidance for the naming of public facilities, building, parks, streets, and amenities; WHEREAS, it is also appropriate to establish an application process to provide clarity for the community; WHEREAS, the Policy supports the City's goal to recognize individuals and I or organizations that have made a significant contribution to the community; and WHEREAS, this policy would benefit the residents of the City by creating a stronger sense of community; a sense of identity and place; and enhance the sense of history in the community by creating community role models and communicating a sense of what the community values. NOW, THEEFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows: 1. That the City Council finds the above recitals true and correct. 2. The City Facility and Street Naming Policy, as described on Attachment "A", is approved. 3. An application process to request the naming of the City Facility or Street is established as outlined in Attachment "A''. 4. That the Deputy City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of September, 2017 Mark A. Breceda, Mayor Resolution No. 2017-67-2965 Page 1 ATTEST Laura M. Nieto, CMC Deputy City Clerk Resolution No. 2017-67-2965 Page 2 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-67-2965 duly adopted by the City Council of the City of the City of Irwindale, at a regular meeting held on the 27th day of September, 2017, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers Laura M. Nieto, CMC Deputy City Clerk Resolution No. 2017-67-2965 Page 3 Attachment "A" CITY OF IRWINDALE FACILITY AND STREET NAMING POLICY PURPOSE: To establish uniform procedures for the naming or renaming of City facilities and streets in a manner that is compatible with community interest to enhance the values and heritage of the City of Irwindale. GENERAL POLICY The following guidelines have been established to provide for a consistent and uniform procedure in the naming or renaming of City facilitiesand streets (collectively, "F acility(ies )"). PROVISIONS A. General Guidelines 1. The City Council shall have the final authority to name and rename all City Facilities. 2. The City Council shall have the final authority to designate commemorative Facilities names and plaques. 3. Under extraordinary circumstances, the City Council may, with a super majority vote of at least four City Council members, revoke the current name of any Facility. 4. It is the intent of this policy to prohibit the changing of street names that have existing homes or businesses using the street name in their address, except under extraordinary circumstances with a super majority vote of at least four City Council members and written approval of a majority of impacted property owners. 5. No Facility shall be named after a seated elected or appointed official. B. Qualifications for Naming of City Facilities 1. Qualifying criteria include the following: a. City controlled Facilities may be named or renamed after any group, individual, or family, living or deceased that has made significant and substantial contributions of a service, cultural or historic nature to the City of Irwindale, as determined by the City Council. Said contributions do not have to be financial in nature; they may include extensive service and I or support to the City organization of the community in general. b. The area in which the honoree made the most contribution should be considered when determining which Facility will be named after that person or group. That is, when possible, there should be a correlation between the service provided by the honoree and the Facility. c. No Facility shall be named or renamed after an individual until at least one (1) year following the death of such individual. This provision may be waived by a super majority vote of at least four (4) City Council members. This guideline is appropriate to establish a waiting period to ensure that an individual's accomplishments and contributions will stand the test of time; and that decisions shall not be made on an emotional basis immediately following a person's death. d. When determining whether to rename a Facility, the party making the determination shall consider all factors he I she I they deem relevant, including whether some or all of the following accurately describe the person or organization for whom the Facility is proposed to be renamed: i. The person or organization made lasting and significant* contributions to the protection of natural or cultural resources of the City of Irwindale; or ii. The person or organization made substantial* contributions to the betterment of a specific Facility consistent with the established standards for the Facility; or iii. The person or organization made substantial* contributions to the advancemenfoffecreational opportunities with the City of Irwindale; or ·iv. The person or organization was associated with an economic development or redevelopment activity; or v. The person or organization had a positive impact on the lives of lrwindale's residents; or vi. The person or organization volunteered for ten (10) or more years of service to the community; or vii. Upon the naming or renaming of a Facility, the name shall not be used for any other dedication or renaming. viii. The City Council, in its sole and unlimited discretion, may remove or change the name of any Facility at any time, unless contractually obligated otherwise. *Additional information as to how I why the contribution of the individual or organization was significant or substantial may be required. C. Facility Naming Criteria 1. Streets a. Names for streets shall be unique and distinct. Similar sounding or duplicate street names shall not be considered b. Street names shall be selected to either recognize natural features related to the Irwindale community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Irwindale. c. Names with the same theme are suggested for naming streets in an entire subdivision, as a means of general identification. d. Discriminatory or derogatory names shall not be allowed. e. Names for public and private streets in a new subdivision shall be proposed by the developer, reviewed by the Planning Commission, and approved by the City Council. The street names shall be adopted by the City when the final subdivision map for the development is recorded. f. For the purposes of this policy, the changing of street names that have existing homes or businesses using the street name in their address shall not be allowed, except under extraordinary circumstances with a super majority vote of at least four (4) City Council members and written approval of a majority of impacted property owners. 2. City Facilities a. For purposes of this Subsection C.2, City facilities refer to parks, buildings, or recreational facilities. b. For new City facilities, the naming process shall begin as early in the project as possible. c. City facility names shall be selected to either recognize natural features related to the Irwindale community or to recognize a person or organization that made a lasting and significant contribution to the betterment of the City of Irwindale. d. Areas within City facilities that may be named separately from the main building include points of entry; rooms I patios within a City building; facility features (such as a column or fountain); walkways; trails, recreational facilities (such as group picnic areas, sports fields, water features, or park monuments); physical features (such as mountains, hills, or vistas); drive ways; or other related items. 3. Commemorative Street Names and Plaques a. Commemorative street name signs are additions to the street name and will not change the street address. Existing street names shall be retained and a supplemental sign or plaque shall be installed beneath the existing street name signage. Names for the commemorative street name signs shall be selected to either recognize natural features related to the Irwindale community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Irwindale. b. Commemorative plaques shall be placed in public facilities. Names for the commemorative plaques shall be selected to recognize a person or organization that has made a lasting and significant contribution to the betterment of the City of Irwindale. D. Facility Naming Procedure (Applies to City facilities and streets): 1. Requests for naming and I or changing the name of a City Facility shall be submitted to the City Manager's Office in writing on the City's Facility Naming Application Form. If the proposed Facility is in recognition of a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of the City of Irwindale. 2. All submittals, whether from an individual, organization or City staff, must include the name and address of the submitter. No anonymous submittals will be accepted. 3. Upon receipt of the application, the City Manager or his I her designee shall review the application. If the proposed Facility to be named I renamed is connected or associated with a park, the City Manager or his I her designee shall place the Facility Naming Application Form on a future Park and Recreation Commission agenda for review and consideration. The Park and Recreation Commission shall then consider the application and render a recommendation to the City Council regarding the proposed name I rename. 4. Following that review, the City Manager or his I her designee shall place the proposed facility naming I renaming item on a future City Council agenda for formal review and consideration by the City Council. If the request is denied by the Council, no further action is taken. If the City Council approves the request, staff is directed to go forward with implementing the naming of the Facility. The steps taken to implement the request will be developed as an internal City process. The decision of the City Council will be final. City of Irwindale Facility and Street Naming Application Applicants Name: ------ Address: ------ Applicants Phone: ..______,______Applicants E-Mail: ______ Location of facility or street to be named: ______ Individual I Organization to be Recognized: Proposed Name: ------ Please Check all that apply: D Is the individual deceased? If yes, what was the date of their death: mm/dd/yyyy D The person or organization made lasting and significant* contributions to the protection of natural or cultural resources of the City of Irwindale D The person or organization made substantial contributions* to the betterment of a specific facility or park consistent with the established standards for the facility. D The person or organization made substantial contributions* to the advancement of recreational opportunities with the City of Irwindale D The person or organization was associated with an economic development or redevelopment activity. D The person or organization had a positive impact on the lives of Irwindale residents. D The person or organization volunteered for ten (10) or more years of service to the community. *Please provide additional information as to how I why the contribution of the individual was significant or substantial not to exceed two (2) typed pages. Facility and Street Naming Application Page 1of2 Biographical information: (Explain) ______ Civic involvement: (Explain) ______ Connection to the facility or street: (Please explain in depth) ______ Reason for Nomination (required): ------ Additional Comments (additional information may be attached): ______ For Office Use Date Received by City Manager's Office: ______ Name of Recipient:------ Facility and Street Naming Application Page 2 of 2 COUNCIL AGENDA ITEM 2C GI City Council Cityef DSuccessor Agency SEP 2 7 2017 D Housing Authority IRWINDALE D Reclamation Authority AGENDA REPORT DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Approve the creation of Two Permanent Part-Time Planning Technician positions to Assist in the Planning and Development Division of the Community Development Department City Manager's Recommendation: That the City Council adopt Resolution No. "2017-71-2969" entitled" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CREATING TWO PERMANENT PART-TIME PLANNING TECHNICIAN POSITIONS TO ASSIST IN THE PLANNING AND DEVELOPMENT DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT, AND APPROVING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND AND SPECIAL MINING FUND". Background and Analysis: 1) The Planning and Development Division is currently processing the entitlements for several large-scale development projects. These large-scale projects are listed below. i) J.H. Property Pit - 70+ Acres ii) Irwindale Speedway Property 60+ Acres iii) NuWay Live Oak Pit - 63+ Acres iv) Manning Pit - 33+ Acres 2) The entitlements process of these development projects will require additional staffing resources to stay on schedule. In addition, our part-time Office Specialist has recently resigned which resulted in an impact to our day to day operations in the our Code Enforcement unit. As such, the Planning and Development Division is in urgent need of additional staffing resources. In an effort to stay on schedule for processing the entitlements of these large-scale development projects, staff is seeking two permanent part-time planning technician positions to be added to the Planning and Development Division of the Community Development Department. Page 1 3) The proposed permanent part-time positions will be an entry-level position that requires a minimum qualification as an undergraduate or graduate student with a major in Urban Planning, Public Administration, Architecture, Geography, Landscape Architecture, or similar field. The attached job description for the permanent part-time position has been reviewed and approved by our Human Resources Department. Based on our Finance Department calculation, the projected annual cost to fund these two permanent part-time positions for the remainder of this fiscal year is $95,476, and will be distributed 40% ($38, 190) to the General Fund (GF) and 60% ($57,286) to the Special Mining Fund (SMF). 4) The permanent part-time Planning Technician positions are at-will, unrepresented positions. These positions will be established at Range 20 with step A at $17.8382 per hour with benefits in accordance with the current salary resolution. 5) Based on staff review of the approved budget for the current fiscal year, we are able to retain some cost savings by cancelling certain contract services work for a cost savings of $19, 172 ($18,209 in GF and $973 in SMF). In addition, we will be freezing the Office Specialist position for an additional savings amount of $12,667 ($7,600 in GF and $5,067 in SMF). After offsetting these cost savings, the net additional budget needed in FY 2017-18 to fund these two new permanent part time positions is $63,637 ($12,391 from GF and $51,246 SMF). Review: c~r:' Fiscal Impact: _,,c=t,..,,.~-··· ~-···· _ (Initial of CFO) See Note 5 above. Legal Impact: ____ (Initial of Legal Counsel) Prepared By: William K. Tam, Development Services Director/City Engineer Phone: (626) 430-2212 Attachment(s): Planning Technician Job Description Page2 RESOLUTION NO. 2017-71-2969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE CREATING TWO PERMANENT PART-TIME PLANNING TECHNICIAN POSITIONS TO ASSIST IN THE PLANNING AND DEVELOPMENT DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT, AND APPROVING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND AND SPECIAL MINING FUND WHEREAS, the City of Irwindale Planning and Development Division is currently processing the entitlements for several large-scale development projects; WHEREAS, the entitlements process of these development projects will require additional staffing resources to stay on schedule. In addition, our part-time Office Specialist has recently resigned which resulted into an impact to our day to day operations in the our Code Enforcement unit; WHEREAS, the creation of two permanent part-time planning technician positions in the Planning and Development Division is necessary to stay on schedule with the processing of entitlements for these development projects; WHEREAS, the permanent part-time position will be an entry-level position that requires a minimum qualification as an undergraduate or graduate student with a major in Urban Planning, Public Administration, Architecture, Geography, Landscape Architecture, or similar field; WHEREAS, the planning technician's job description for the permanent part-time positions has been reviewed and approved by our Human Resources Department; WHEREAS, the calculations provided by our Finance Department show that the projected cost to fund these two permanent part-time positions for the remainder of FY 2017-18 is $95,476, and after offsetting certain contractual budget savings, the net additional appropriation needed is $63,637 ($12,391 from the General Fund and $51,246 from the Special Mining Fund); WHEREAS, the two positions will be funded by the existing Community Development Department operations budget and special mining funds; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The City Council of the City of Irwindale hereby approves the creation of two permanent part-time planning technician positions in the Planning and Development Division of the Community Development Department; and SECTION 2. The City Council of the City of Irwindale hereby approves the additional appropriation of $63,637 ($12,391 from the General Fund and $51,246 from the Special Mining Fund) necessary for the creation of the two new permanent part time positions; and SECTION 3. The City Council of the City of Irwindale hereby authorizes the City Manager and/or his designee to conduct an recruitment process to fill these two permanent part-time positions in accordance with the personnel rules and regulations; and SECTION 4. That the Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect. PASSED, APPROVED and ADOPTED this 27th day of September 2017. Mark A. Breceda, Mayor ATTEST: Laura M. Nieto, CMC Chief Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2017-71-2969 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 27th day of September 2017, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Laura M. Nieto, CMC Chief Deputy City Clerk CITY OF IRWINDALE PLANNING TECHNICIAN Class spec(fications are intended to present a descriptive list of the range of duties pe1formed by employees in the class. Specifications are uJU.intended to reflect all duties performed within the job.· SlJMMARy DESCRIPTION Under general supervision, performs a variety of technical and administrative tasks related to City planning and Code Enforcement; answers questions at the public counter, by phone and/or email; receives and reviews plans and applications for completeness; gathers, analyzes, and summarize data; performs related duties as required. REPRESENTATIVE DIITIES The following duties are typical for this classification. Incumbents may not pe1form all ofthe listed duties and/or may be required to pe1form additional or different duties ji·om those set forth below to address business needs and changing business practices. 1. Assists and advises the public with general planning, zoning, land use, permit use, site plan and design review, subdivision and development questions. 2. Reviews applications for completeness and accuracy; analyzes requests to ensure compliance with applicable laws, regnlations, and policy; writes recommendations for project approval. 3. Deals tactfully and courteously with the public and coworkers at the counter or over the phone, responding to inquiries and answering routine questions concerning planning, zoning, land use, the general plan, and current and long-range projects. 4. Maintains and updates a list ofall Planning Division activities and pending permits. 5. Receives and processes new project submittal; routes projects to the appropriate planner, reviewing department and/or agency; schedules the project for a staff review meeting. 6. Prepares or assists in the preparation of staff reports and agenda packets; provides assistance and makes presentations to the Planning Commission and/or any other Development Services Department-related meeting, as requested; attends Planning Commission and/or any other community meetings/workshops, including evening meetings, as requested. 7. Maintains department records, files and other reference materials; gathers, researches and assembles a variety of information and data for the preparation of reports and studies; prepares and processes legal notices, including Public Hearing Notices; creates and modifies planning forms; composes a variety of documents, including letters, reports and memos. 8. Conducts field surveys for development projects; tabulates results; inputs data to computer. 9. Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public. 10. Maintains the Code Enforcement database. 11. Assists with Special Event Permits. 12. Receives Code Enforcement reports, complaints, and requests for service from the general public, in person, telephonically, and electronically and provides the information to the Code Enforcement Officer. 13. Performs related duties as required. CITY OF IRWINDALE Planning Technician (Continued) QUALIFICATIONS The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period oftime in order to successfully perform the assigned duties. Knowledge of: Operations, services, and activities of a planning and development department. Municipal Code interpretation, zoning ordinances, California Enviromnental Quality Act, Subdivision Map Act, State Plam1ing and Zoning law, and land use and architectural design standards. Local zoning practices and construction processes. Methods of gathering and compiling data. Property descriptions and graphic displays. Procedures and policies for processing City applications. Methods and techniques of effective technical report preparation and presentation. Research methods. Application of land use, physical design, economic, enviromnental, and/or social concepts in the planning process. Terminology, symbols, methods, techniques and instruments used in planning and map drafting and geo-based information systems. Customer service practices. Modern office procedures, methods, and equipment including computers and supporting word processing, spreadsheet applications, and specialized engineering software programs. Pertinent federal, state, and local codes, laws, and regulations. Ahmtyto: Communicate clearly and concisely, both orally and in writing. Understand and follow oral and written instructions. Establish and maintain effective working relationships with those contacted in the course of work. Keep accurate records. Conduct field inspections and ensure compliance with regulations. Work on several projects or issues simultaneously. Perform accurate mathematical computations. Prepare well-organized, written reports and graphic presentations. Explain and interpret planning policies and regulations accurately and tactfully to the public. Work independently or in a team enviromnent as needed. Read and understand architectural and engineering drawings. Analyze a complex issue, develop, and implement an appropriate response. Education and Exnerjence Gujdeljpes - Any combination of education and experience that 1vould likely provide the required knowledge and abilities is qualifYing. A typical way to obtain the /mow/edge and abilities would be: Education/Traiping: Be an undergraduate or graduate student with a major in Urban Planning, Public Administration, Architecture, Geography, Landscape Architecture, or similar field. A Bachelor's degree from an accredited college or university with major course work in urban planning or a related field is desirable. Experience: Six months of increasingly responsible experience in urban plarniing or related field. l1icense or Certificate: Possession of an appropriate, valid driver's license. PHYSICAi, DEMANQS ANQ WORKING ENVIRONMENT CITY OF IRWINDALE Planning Technician (Continued) The conditions herein are representative ofthose that must be met by an employee to successfully pe1fmm the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to pe1form these essential job functions. Enyjropment: Work is performed primarily in a standard office environment with some travel to different sites; occasionally works in outside weather conditions; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Physjca!: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information. l'.Wwl: See in the normal visual range with or without correction. Hearing: Hear in the normal audio range with or without correction. Date: September 2017 0City Council Cltyq/ DSuccessor Agency D Housing Authority IRWINDALE D Reclamation Authority AGENDA REPORT SEP 2 7 2017 DJoint Powers Authority Date: September 27, 2017 To: Honorable Mayor and Members of the City Council From: John Davidson, City Manager Issue: Public Hearing for Ordinance No. 713 - An Ordinance of the City Council of the City of Irwindale Amending Title 8 of the Irwindale Municipal Code by Amending Chapter 8.20 Solid Waste Collection and Salvage of Recyclable Materials to include Construction and Demolition Debris Recycling and Reuse, and Adopting Local Amendments Thereto Repealing all other Ordinances or Portions of Ordinances in Conflict Therewith. City Manager's Recommendation: That the City Council open the public hearing, maintain the public hearing open, and continue this item to the regularly scheduled meeting on October 11, 2017. Background and Analysis: Additional time was requested to review the Construction and Demolition Ordinance after staff had already posted a public hearing notice for the regularly scheduled city council meeting on September 27, 2017. Public hearing notices are required to be posted 10 days prior to the regularly scheduled meeting, Fiscal Impact: This is no fiscal impact as a result of continuing the public hearing for Ordinance No. 713. Review: Fiscal Impact: (Initial of CFO) Legal Impact: Electronically Approved by Fred Galante (Initial of Legal Counsel) Prepared By: Elizabeth Rodriguez, Public Works Analyst Contact By: William K. Tam, Development Services Director/City Engineer Phone: (626) 430-2212 Page 1 Attachment(s): None Page 2 SUCCESSORAGENCYAGtNUA ITEM I Al IRWINDALE CITY COUNCIL CHAMBER SEP 2 7 2017 SEPTEMBER 13, 2017 5050 N. IRWINDALE AVENUE WEDNESDAY IRWINDALE, CALIFORNIA 91706 7:18 P.M. The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place. ROLL CALL: Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz, Mayor Pro Tern Albert F. Ambriz; Mayor Mark A. Breceda Also present: John Davidson, City Manager; Adrian Guerra, Assistant City Attorney; William Tam, Development Services Director/ City Engineer; Eva Carreon, Director of Finance; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk SPONTANEOUS COMMUNICATIONS There were no speakers. CONSENT CALENDAR MOTION A motion was made by Mayor Pro Tern Ambriz, seconded by Mayor Breceda, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved. ITEM NO. 1A1 MINUTES MINUTES The following minutes were approved: 1) Regular meeting held August 23, 2017 ITEM NO. 1B WARRANTS WARRANTS The warrants were approved. END OF CONSENT CALENDAR ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:18 p.m. Laura M. Nieto, CMC Chief Deputy City Clerk SUCCESSORAGENCYAGENDA ITEM tB Accounts Payable Checks by Date - Summary By Check Number City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency IRWINDAL Check Number Vendor No Vendor Name Check Date Check Amount 63608 ALESHIRE Aleshire & Wynder, LLP 09/21/2017 5,115.46 63609 USBANK03 US Bank Trust N.A. 09/21/2017 9,400.00 63610 WlLLDAN Willdan Financial Services 09/21/2017 250.00 Report Total: 14,765.46 HOUSiNf-:., /\GENOA ITEM 1Al IRWINDALE CITY COUNCIL CHAMBER SEPTEMBER 13, 2017 5050 N. IRWINDALE AVENUE SEP 2 7 2017 WEDNESDAY IRWINDALE, CALIFORNIA 91706 5:30 P.M. The Irwindale HOUSING AUTHORITY met in regular session at the above time and place. ROLL CALL: Present: Authority Members Larry G. Burrola, Manuel R. Garcia; H. Manuel Ortiz; Vice Chair Albert F. Ambriz; Chair Mark A. Breceda Also present: John Davidson, Executive Director; Adrian Guerra, Assistant Authority Attorney; William Tam, Development Services Director/ City Engineer; Eva Carreon, Director of Finance; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary RECESS TO At 5:30 p.m., the Housing Authority recessed to Closed Session to CLOSED SESSION discuss the following: Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8 Property: 16042 Calle de Paseo Negotiating Parties: Housing Authority and Dolores Barbosa Under Negotiation: Option and Transfer Restriction Agreement with Housing Authority ACTION: Discussed; direction provided. Authority Member Garcia and Vice Chair Ambriz declared a potential conflict of interest and abstained from participating in discussing this matter. RECONVENE IN At 7:18 p.m., the Housing Authority convened in Open Session. OPEN SESSION SPONTANEOUS COMMUNICATIONS There were no speakers. CONSENT CALENDAR MOTION A motion was made by Authority Member Burrola, seconded by Authority Member Ortiz, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof. The motion was unanimously approved. ITEM NO. 1A1 MINUTES MINUTES The following minutes were approved: 1) Regular meeting held August 23, 2017 HOUSING AUTHORITY MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE2 END OF CONSENT CALENDAR NEW BUSINESS ITEM NO. 2A VERBAL UPDATE ON IMD (Mayans Development) HOUSING VERBAL UPDATE ON PROJECT IMO (Mayans Dev.) HOUSING PROJECT ASSISTANT TO THE Assistant to the City Manager Olivares provided the verbal update CITY MANAGER and updated the Housing Authority on the progress of the current OLIVARES housing project. AUTHORITY MEMBER Responding to several questions by Authority Member Burrola, BURROLA Assistant to the City Manager Olivares advised that staff conducts environmental site assessments on properties before acquiring them and that additional testing is performed, including soil excavation and testing, if deemed necessary. She added that one of the Hidalgo sites contained lead-based paint and asbestos contamination, which was then properly abated. Contamination was also found on the properties on Nora, which has since been removed and remediated; staff has a clearance report on file that indicates that the site is clean and clear. These cleanup efforts should not delay the process for when the owners receive their homes. Authority Member Burrola also asked about the properties on Hidalgo and whether they have sewer lines or septic tanks, to which Ismael Mayans, President for Mayans Development, advised that the properties have sewer laterals and that no septic tanks have been identified. Mr. Mayans then spoke on the property on Nora, and discussed the need to connect all the homes there to the sewer. Authority Member Burrola then asked about the loan process, to which Assistant to the City Manager Olivares indicated that participants of the city housing program are receiving financial assistance from two entities: the Housing Authority and their chosen financial institutions. The Housing Authority will not need participants to resubmit documentation to recertify their income. However, their selected financial institutions will likely require participants to resubmit documentation since they need to confirm that borrowers have the ability to repay their loans. Responding to an additional question by Authority Member Burrola, Assistant to the City Manager Olivares spoke on the need to reroute the sewer lines near the Baca properties due to the location of an Edison pole. However, this process has since been completed. HOUSING AUTHORITY MINUTES SEPTEMBER 13, 2017 REGULAR MEETING PAGE3 ISMAEL MAYANS Mr. Ismael Mayans touched on driveway designs and requirements, features of pervious concrete and pavers, and the need for the new homeowners to properly maintain their properties. AUTHORITY MEMBER Authority Member Burrola expressed his frustration over the length of BURROLA time this housing project has taken. AUTHORITY MEMBER Authority Member Ortiz expressed his hope that the delays and ORTIZ difficulties that arose from this project serve as learning experiences for future housing phases. ISMAEL MAYANS Ismael Mayans spoke on the need to cooperate with the utility companies in order to minimize delays. VICE CHAIR AMBRIZ Vice Chair Ambriz acknowledged the quick assistance provided by city staff when requested by prospective home buyers. CHAIR BRECEDA Chair Breceda recognized that the delays were due mostly to situations beyond staff's control, and thanked Assistant to the City Manager Olivares and Mayans Development for their hard work. LINDA STROBEHN Responding to a question by Linda Strobehn, Mr. Mayans detailed the plans for water drainage at the Baca properties. He also discussed the high quality of the water filters that his company will be installing at the homes. LAWRENCE BURROLA Lawrence Burrola requested that more be done to assist the homeless, to which Assistant to the City Manager Olivares advised that the city participates with Duarte on the issue and that the city may receive about $30,000 in funding to be used toward homeless encampment services. ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:54 p.m. Laura M. Nieto, CMC Chief Assistant Authority Secretary