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HomeMy WebLinkAboutAgenda Packet - April 16, 2012 - CCAGENDA REGULAR MEETING OF THE CITY COUNCIL AZUSA AUDITORIUM MONDAY, APRIL 16, 2012 213 EAST FOOTHILL BOULEVARD 6:30 P.M. Closed Session 7:30 P.M. Regular Meeting AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS COUNCILMEMBER URIEL E. MACIAS COUNCILMEMBER 6:30 P.M. CLOSED SESSION NOTICE TO THE PUBLIC FOR CLOSED SESSION ANGEL CARRILLO MAYOR PRO -TEM ROBERT GONZALES COUNCILMEMBER Prior to going into closed session the City Council will convene in the Auditorium serving as Council Chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M 1. Gov. Code Sec. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR City Negotiators: City Manager Makshanoff Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), SEIU (Service Employees International Union). 2. Gov. Code See. 54956.9 (a) - CONFERENCE WITH LEGAL COUNSEL - 'EXISTING LITIGATION. Estrellita Diaz, a minor, by and through her guardian ad litem, Catalina Valerio vs. City of Azusa, Pomona Court, Case No. KC 063466. 04/16/12 1 - NOTICE TO THE PUBLIC FOR REGULAR MEETING Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library and Police Department Lobby. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, shall f Il out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. Cards submitted after 7 30P.M. will not be accepted. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL 1. Call to Order 2. Pledge to the Flag 3. Invocation — Father Gustavo Castillo of Saint Frances of Rome Church. A. PUBLIC PARTICIPATION This time has been set aside for persons in the audience to make public comments on items within the subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed on this agenda as an item other than a public hearing item. Members of the audience will have the opportunity to address the city council about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the council isprohibitedfrom taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. Each person or representative of a group shall be allowed to speak without interruption for up to five (S) continuous minutes, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes. B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL C. SCHEDULEDITEMS None. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 2 2012. RECOMMENDED ACTION: Approve Minutes as written. 04/16/12 - 2 - 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. AWARD OF CONTRACT FOR CDBG ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 TO CALIFORNIA SURFACING IN THE AMOUNT OF $30,775.00. RECOMMENDED ACTION: ` Award the contract for Athletic Court Resurfacing (CDBG No. 601409-11) to California Surfacing in the amount of $30,775.00. 4. PURCHASE OF INTERNET PROTOCOL (1P) CAMERAS AND SERVER. RECOMMENDED ACTION: Approve the purchase of 33 IP cameras and an IP camera server for installation in the police facility in the amount of $51,622.66 from ADI located in Carson, CA and in collaboration with LACLEAR. Approve the purchase of this equipment per AMC Section 2-523(d) when there is justification to use a sole source. 5. APPROVAL OF BIDS AND SPECIFICATIONS FOR THREE YEAR LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT AND AUTHORIZATION FOR FORMAL BIDDING. RECOMMENDED ACTION: Approve bids and specifications for a three year Landscape and Irrigation Maintenance Contract and authorization for formal bidding process. 6. EXPENDITURE PLAN — 2008 REPROGRAMMING OF HOMELAND SECURITY GRANT. RECOMMENDED ACTION: Approve the purchase of radio equipment offered through the reimbursable State of California FY2008 Homeland Security Grant Program (SHSGP). 7. NEW CLASSIFICATION, FINANCE DIRECTOR RECOMMENDED ACTION: Approve the new classification of Finance Director at an annual salary range of $139,360 to $160,014. 04/16/12 -3 - 8. CIP #66112F; TRAFFIC SIGNAL CONTROLLER UPGRADES AWARD OF CONTRACT TO REPUBLIC ITS AND A BUDGET AMENDMENT IN THE AMOUNT OF $33,940. RECOMMENDED ACTION: Award CIP 66112F, Traffic Signal Controller Upgrades to Republic ITS and approve a budget amendment in the amount of $33,940. 9. CIP PROJECT 466112D & 66112E; PAVEMENT MANAGEMENT PROGRAM AWARD OF CONTRACT TO ALL AMERICAN ASPHALT INC. RECOMMENDED ACTION: Award the Pavement Management Project to All American Asphalt Inc. 10. A RESOLUTION SUPPORTING THE TRANSFER OF ONTARIO AIRPORT TO LOCAL CONTROL. RECOMMENDED ACTION: Adopt Resolution No. 11-C23, supporting the transfer of Ontario Airport to Local Control. 11. CLASS SPECIFICATION REVISION — ASSISTANT DIRECTOR OF CUSTOMER CARE & SOLUTIONS. RECOMMENDED ACTION: The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.5, that the City Council adopts the revised class specifications for Assistant Director of Customer Care & Solutions. 12. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 12-C24. E. SUCCESSOR AGENCY RELATED BUSINESS 1. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE FORMER REDEVELOPMENT AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 12-R16. 04/16/12 - 4 _ F. ADJOURNMENT 1. Adjourn in memory of Jimmy Rocha. UPCOMING MEETINGS: April 23, 2012, Utility Board Meeting — 6:30 p.m. Light and Water Conference Room May 7, 2012, City Council Meeting - 6:30 p.m. Azusa Auditorium May 21, 2012, City Council Meeting — 6:30 p.m. Azusa Auditorium May 29, 2012 (Tuesday) Utility Board Meeting — 6:30 p.m. Light and Water Conference Room In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 04/16/12 - 5 - CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 2, 2012 — 6:34 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. CEREMONIAL Ceremonial The City Council presented a proclamation to Library Director Johnson in recognition of National Library Proc National Week, April 8-12, 2012. Lib Week The City Council presented a proclamation to Ms. Mary Dodd proclaiming April as "DMV/Donate Life Proc Donate California Month". Life Month The City Council recessed at 7:09 p.m. The City Council reconvened at 7:30 p.m. to begin the regular Cncl rcvnd meeting. Mayor Rocha called the meeting to order. Call to Order Pledge to the Flag was led by Mrs. Gonzales. Flag Salute Invocation was given by Counci[member Keith Hanks. Invocation Mayor Rocha announced that Mr. Art Vasquez Sr. was appointed to the Canyon City Foundation during Mayor the Special Meeting held at 6:00 p.m. Comments ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Martinez, City Manager Makshanoff, Police Captain Momot, Director of Economic and Community Development Christiansen, Information Officer Quiroz, Assistant Director of Economic and Community Development Mc Namara, Director of Public Works/Assistant City Manager Haes, Finance Controller Paragas, Library Director Johnson, Adult Literacy Coordinator Rett, Recreation Superintendent Gonzales, Director of Utilities Morrow, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council with greetings to friends, and encouraged all to visit Cafe Cola. He M. Lee talked about the following: Azusa High School fund raising events at Applebee's and car wash, Comments Assemblyman Roger Hernandez, young man shot in Pasadena, pray for soldiers, good luck to President Obama, and end the war. Mr. Scottish Grimm addressed Council asking if there are any plans for a Dog Park in the City, and S. Grimm requested information regarding the Metro Gold Line extension. Comments Ms. Cheye Ann Corona, Field Representative for Assemblyman Roger Hernandez, addressed Council C. Corona inviting the community to have a Coffee Break with Mr. Hernandez on Saturday, April 14, 2012, at 10:00 Comments a.m., for further information call (626) 960 -4457 - Mr. Dan Simpson addressed Council regarding the "A" on the mountain hillside. He expressed concern D. Simpson regarding the legality of the monogram, detailed the reasons and asked that the rules be enforced. Comments Mr. Joe Guarrera addressed Council stating that if the Gold Line would have purchased the property they J. Guarrera plan to place a parking lot on instead of the City, they would have demolished it, and paid for the Comments relocation, and now the City has the value of raw land and a depreciated price which was not a good business venture. He commented on item C-2, and stated he is in favor of the "A" on the hillside. Ms. Jeri Vogel announced the First Annual Azusa Veteran's Monte Carlo Night to be held on May 126 at J. Vogel the Eagles Club. They are raising money for Cory's Kitchen Veteran's Outreach and Pathfinders Ministry. Comments Ms. Suzanne Avila of California Resource Connections announced that April is Clean and Green Month in S. Avila the City of Azusa and referred to the Living Green Calendar which is full of tips on how to recycle, how to Comments get rebates on energy saving appliances, and yard sale weekends. She invited all to the Smart Gardening Workshop to be held on April 14, 2012, from 9 a.m. to 12 noon at Memorial Park North; she advised that they are giving away composting bins to the first 45 Azusa residents who attend. They will be displaying the new Azusa Community Garden and giving away free seeds. _ Mr. Jorge Rosales addressed Council detailing the timeline of the subject of a parking structure beginning J. Rosales June 14, 2010 to the present. He explained staff report C-2, Second Amendment to the MOU with Foothill Comments Transit. He displayed poster of parking structure in Irwindale. Mr. Nick Rosales addressed Council expressing his opinion regarding the need for a city program to assist N. Rosales small businesses with facade improvements on Azusa Avenue from the 300 to the 700 blocks. He also Comments talked about the feasibility of having plastic bag dispensers at Northside park for dog waste. Mr. Tom Gonzales, President of the Azusa High School Marching Band Boosters, addressed Council T. Gonzales requesting that they be allowed to have an additional Fireworks stand. He thanked those who attended the Comments fundraisers held by AHS Boosters, and expressed his pride regarding the "A" on the hillside. City Manager Makshanoff stated that staff will respond to questions by Mr. Grimm, Mr. Simpson, Mr. City Manager Guarrera, Mr. Jorge Rosales, and Mr. Nick Rosales, and Mr. Gonzales, during the week. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates City Manager Makshanoff stated that he would like to change item D-3 on the Consent Calendar, City Mgr regarding Legislative Updates, AB 1627, from Support to Oppose. Comments Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo and unanimously carried that Proc L. Salas request for proclamation for Lizette Salas for qualifying and being admitted to the LPGA tournament, LPGA becoming a professional golfer and who recently qualified and will be playing in the Kraft/Nabisco Kraft/Nabisco Championship in Rancho Mirage, CA, be approved. Championship .Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Sr. Center 251° approve request for proclamation in honor of the 25' Anniversary of the Azusa Senior Center. Anniversary' Mayor Pro -Tem Carrillo wished all a Happy Easter and reminded all that kids are out on Easter break and Carrillo there is a need to be careful while driving. Comments Councilmember Gonzales invited all to attend the Easter Egg Hunt at Memorial Park on Thursday, April Gonzales 51" from 6 p.m. — 8 p.m., and wished all a Happy Easter. Comments Councilmember Macias noted the progress being made at the ELS Outlet at Azusa and Arrow Highway. Macias He wished everyone a Happy Easter. - Comments Councilmember Hanks noted that the iconic structure being built for the Gold Line is making good Hanks progress. He welcomed home his Foreign Student daughter Cathy and her fiance Johno. Comments Mayor Rocha stated that the meeting will be adjourned in memory of Theodore "Ted" Thomas Mendez. Rocha He announced the free yard sales to be held Saturday, April 14`^ and Sunday, April 15". Comments SCHEDULEDITEMS Sched Items CITY COUNCIL CONFIRMATION OF MAYORAL APPOINTMENTS OF MEMBERS TO THE Appts OVERSIGHT BOARD, Oversight Bird Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 12-C21 CONFIRMING THE MAYOR'S APPOINTMENTS OF TWO (2) MEMBERS TO THE OVERSIGHT R. Gonzales BOARD CREATED BY HEALTH AND SAFETY CODE SECTION 34179 ET SEQ., REGARDING and S. Paragas . DISSOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA. 04/02/12 PAGE TWO Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY Second Amend OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF MOU Foothill A PARK AND RIDE FACILITY. Transit Director of Public Works/Assistant City Manager Haes addressed the issue stating that the item will allow T. Hats Foothill Transit to submit invoices to the City to pay costs incurred for the EIR up to this point and until it Presentation is completed. He stated this does not amend or change funding levels from either party, the overall funding amounts remain the same, and it insures the city can use very restricted federal funding for study of a parking structure. Discussion was held between Council and staff regarding funds from fiscal yew 2005 federal earmarked Discussion to be used to study two way traffic in the downtown area, funding commitments of the MOU between the City and Foothill Transit, attorney costs if challenged, Prop A, Prop C and general fund money, the sale of Prop A funds, amount owed to Foothill Transit at this time, Council review of the EIR, status of sale of the A -2/A-3 site, Oversight Committee meetings, and the City funds commitment. Councilmember Hanks reminded all that obligation to Foothill Transit for the EIR was incurred when Hanks community residents attended a Foothill Transit meeting objecting to the EIR, and that this item is Comments necessary to protect the City's General Fund against that obligation and to make sure the Federal monies that are earmarked for study of a parking structure are used. Moved by Councilmember Hanks, seconded by Councilmember Macias and carried by roll call to MOU Foothill approve the second amendment to the Memorandum of Understanding (MOU) between the City of Azusa Transit Second and Foothill Transit to provide direction for the development of a park and ride facility between Alameda Amendment Avenue and Dalton Avenue, north of Foothill Boulevard and south of 9' Street. Mayor Rocha and Approved Councilmember Gonzales dissenting. CONSIDERATION OF REGULATION OF FORECLOSED AND DISTRESSED RESIDENTIAL Regulation PROPERTIES. Foreclosed Properties Assistant Director of Economic and Community Development McNamara presented subject matter C. McNamara detailing the program and noting the benefits in enacting a program which would regulate foreclosed and Comments distressed residential properties with staff administering the program. City Attorney Martinez responded to question posed regarding using volunteers to clean up foreclosed properties, noting that although it would be a liability issue, it would be easier to identify the property owners to get permission to clean up if the City administered the program. Councilmember Hanks noted that the City of Glendora will soon be conducting a Community Clean Up Day and staff should see how they will be conducting it without liability. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to Staff directed receive this report and direct staff to pursue an ordinance regulating foreclosed and distressed residential Pursue Ord properties with staff administering the program. Further, to direct staff to see if the City of Glendora has Regulations an ordinance that can be mirrored. The CONSENT CALENDAR consisting of Items D-1 through D-5, were approved by motion of Consent Cal Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo, and unanimously carried. Councilmember Approved Macias abstained from item D-1, minutes as he was absent from that meeting. City Manager Makshanoff noted that item D-3, Legislative Update, AB 1627 be changed to an oppose vote. 1. The minutes of the regular meeting of March 19, 2012 were approved as written. Min appvd 2. The City Treasurer's Report as of February 29, 2012, was received and filed. Treas Rpt 3. Legislative Update — Approval was given for the positions recommended on the legislation listed in the Legislative report, with the exception of item AB 1627 which was changed to an oppose vote. Update 4. Approval was given for the concession agreement between the City of Azusa and the Azusa Youth Azusa Youth Program Inc. for a period of sixty months from 4/3/2012 — 4/3/2017. The concession agreement will Program, Inc. once again give the Azusa Youth Program Inc. the concession rights to the Memorial Park and Concession Gladstone Park Snack Bars. For these rights, Azusa Youth Program Inc. shall contribute 75% of their Agreement revenues to fund Azusa Recreation and Family Services activities or events, while 25% shall be used for Azusa Youth Program activities or programs, such as the Annual BBQ and the Christmas Shopping for Kids Programs. 04/02/12 PAGE THREE 5. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 12-C22 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Special Call None. None SUCCESSOR AGENCY RELATED MATTERS Successor Agency ENFORCEABLE OBLIGATION PAYMENT AND RECOGNIZED OBLIGATION PAYMENT EOPS/ROPS SCHEDULES. Councilmember Gonzales offered a Resolution entitled A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY Res.12-1112 OF THE CITY OF AZUSA APPROVING AND ADOPTING AN AMENDED ENFORCEABLE EOPS OBLIGATION. PAYMENT SCHEDULE PURSUANT TO AB 1X 26. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Gonzales offered a Resolution entitled A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY Res. 12-1113 OF THE CITY OF AZUSA APPROVING AND ADOPTING AN AMENDED RECOGNIZED ROPS OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB I X 26. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Gonzales offered a Resolution entitled A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY Res. 12-R14 OF THE CITY OF AZUSA APPROVING AND ADOPTING AN ADDITIONAL RECOGNIZED Additional OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1X 26. ROPS Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo and unanimously carried to receive and file Successor Agency former Redevelopment Agency Treasurer's Report as of February 29, 2012. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 12-R15 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Former Agency Warrants Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 04/02/12 PAGE FOUR AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to adjourn in memory of Theodore "Ted" Thomas Mendez Adjourn in Memory of Theodore TIME OF ADJOURNMENT: 8:35 P.M. "Ted" Thomas Mendez CITY CLERK NEXT RESOLUTION NO. 2012-C23. (City) NEXT ORDINANCE NO. 2012-02. NEXT RESOLUTION NO. 2012-R16 (Former Redevelopment Agency) 04/02/12 PAGE FIVE CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFF CITY MANAGER DATE: APRIL 16, 2012 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). A. MERIT INCREASES AND/OR REGULAR APPOINTMENTS: :DEPARTMENT•. 'NAME $ CLASSIFICATION EFFECTIVE - ` RANGE/STEP, FROM/TO" . DATE' BASEMO.'SALARY UTL Melissa Barbosa Engineering Associate Reg. Appoint./ 4222/2 Specialist I Merit Increase $6,727.12 To: Police Records 03/26/2012 B. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been requested by department headspursuant to the Rules of the Civil Service S stem. DEPARTMENT NAME CLASSIFICATION EFFECTIVE':, f,: ;RANGE/STEP FROM/TO" DATE <`- " BASE MO., SALARY PD Rosa Sok From: Police Records 03/15/2012 9150/4 Specialist I $3,803.02 To: Police Records Specialist II UTL Vincent Benavidez From: Apprentice Line 03/10/2012 5218/3 Mechanic $7,137.14 To: Line Mechanic UTL Micah Moore From: Apprentice Line 12/26/2011 5218/4 Mechanic $7,486.93 To: Line Mechanic FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. CONSENT CALENDAR ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: JAMES MAKSHANOFFrCITY MANAGER DATE: APRIL 16, 2012 SUBJECT: AWARD OF CONTRACT FOR CDBG ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 TO CALIFORNIA SURFACING IN THE AMOUNT OF $30,775.00 RECOMMENDATION: It is recommended that City Council award the contract for Athletic Court Resurfacing (CDBG No. 601409-11) to California Surfacing in the amount of $30,775.00. BACKGROUND: On January 4, 2011, the City Council approved the Athletic Court Resurfacing Project as part of the FY 2011/12 CDBG Program. On June 6, 2011, the project was approved in the adopted FY 2011/12 CIP Budget, and bids and specifications were approved at the City Council meeting of February 21, 2012. The use of the city parks and specifically the athletic courts, are an extremely valued commodity in the city. This project would allow for the resurfacing of the courts at Memorial Park, Gladstone Park and Slauson Park respectively, in turn repairing cracks and thus reducing city liability. The project will also add aesthetically, as the new vibrant color surface material will complement new playground equipment and park amenities. The courts are in dire need of resurfacing, having last been resurfaced in November 2000. This project benefits low to moderate income areas and improves handicapped access. The mandatory job walk was held March 13, 2012 with nine (9) contractors in attendance, and the bid opening was held on March 29, 2012. Five (5) contractors participated in the bidding process, and the results are as follows: 1. California Surfacing $30,775.00 2. True Line $40,140.00 3. Taylor Tennis Courts $60,100.00 4. Parks and Playgrounds, Inc. $73,000.00 5. Malibu Pacific Tennis Courts $111,000.00 All references for California Surfacing came back exemplary. Pending approval, work will commence in May 2012. FISCAL IMPACT: The project is fully funded, as project budget was $31,942.00. Funds have been secured in account #1880000910-713D60409-7130 specifically for this purpose. Attachment: Public Works Construction Contract cc: Susan Paragas Dave Nguyen Alan Kreimeier Roy Chavez Israel Del Toro Candy Toscano Tito Haes 12-029 CITY OF AZUSA CONTRACT DOCUMENTS AND SPECIFICATIONS CDBG FUNDED Athletic Court Resurfacing PROJECT NO. 601409-11 CITY OF AZUSA 213 E. FOOTHILL BLVD. AZUSA, CA 91702-1395 Prepared Under the Supervision of: Israel Del Toro Senior Management Analyst City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 TABLE OF CONTENTS DESCRIPTION NOTICE INVITING SEALED PROPOSALS INSTRUCTIONS TO BIDDERS BIDDER'S PROPOSAL CITY OF AZUSA STANDARD CONTRACT SCOPE OF WORK APPENDIX I - FEDERALLY FUNDED PROJECT REQUIREMENTS (Exhibits 1-18) SECTION A B C D E 2 A. NOTICE INVITING SEALED BIDS ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 213 E. Foothill Blvd., City of Azusa, California 91702, UP TO THE HOUR OF 11:00 AM on March 29, 2012, at which time they will be publicly opened and read aloud. SCOPE OF WORK: The work to be performed or executed under these specifications eonsists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the ATHLETIC COURT RESURFACING PROJECT, and other appurtenances in accordance with federal requirements. All work is located in the City of Azusa. Specifications and Contract Documents are available in hard copy format at the City of Azusa, Recreation and Family Services Department, 320 N. Orange Place, City of Azusa, California. There will be a MANDATORY job walk on Tuesday, March 13, 2012 at 11:00 A.M. at the Memorial Park Recreation Center, located at 320 N. Orange Place, Azusa, California. Failure to provide contractor representation at the job walk will result in non-acceptance of bid. All bidders are required to comply with all applicable California competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women -owned businesses, and businesses owned by disabled veteran's. Compliance with California prevailing wage rates and apprenticeships employment standards established by the State Director of Industrial Relations is required. This project is subject to DBE (Disadvantaged Business Enterprise) requirements. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside. Bids must be accompanied by a bid bond, made payable to the City of Azusa for an amount no less than ten percent (10%) of the bid amount. The engineer's estimate for this project is $31,942. No contract will be awarded to a bidder who is not licensed in accordance with the law under the provisions of Division III, Chapter 9, "C-32, C -61/D47" of the California Business and Profession Code at the time of the award. Prior to commencing work, the Contractor's and all subcontractors shall obtain business licenses from the City of Azusa. The City reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of forty-five (45) days. This is a Federally assisted construction contract. Federal Labor Standards Provisions including prevailing wage requirements of the Davis -Bacon and related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The contractor's duty to pay State prevailing wages can be found under Labor Code, Section 1770 et seq, Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. All questions relative to this project prior to the opening of bids shall be directed to Israel Del Toro, contact information is as follows: (626) 812-5261, ideltoro@ci.azusa.ca.us. Bidders are encouraged to submit their pre-bid questions as early as possible, in writing by mail, fax, or email, so they can be answered in writing through an addendum if necessary. Pre-bid questions will be received up to 5:00 PM on March 20, 2012, after which they will not be answered. FEW B. INSTRUCTIONS TO BIDDERS ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 LOCATION OF WORK The general location of the project is Memorial Park (320 K. Orange Place), Slauson Park (501 E. 5;" Street) and Gladstone Park (414 S. Pasadena Avenue), all located in the City of Azusa. PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City in the amount not less than ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside "ATHLETIC COURT RESURFACING PROJECT - DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger. Proposals are to be sent to the Office of the City Clerk, 213 E. Foothill Blvd., Azusa, California 91702. Bids are due UP TO THE HOUR OF 11:00 AM on March 29, 2012, at which time they will be publicly opened and read aloud. Late proposals will not be considered. AFFIRMATIVE ACTION The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor's or any such subcontractors under hire. The bidders and the selected Contractor's shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.: B-1 CARTWRIGHT ACT REQUIREMENTS In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor's, or subcontractor's, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work's contract or subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor's, without further acknowledgment by the parties. CONFLICT OF INTEREST In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict of interest provisions in (STATE LCA = 24 CFR 85.36 and Non -Profit Organizations — 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. DETERMINATION OF LOWEST BID PROVISION For the purpose of determining the lowest responsible, responsive bidder the City will reduce the total amount of any bid submitted by an amount equal to one percent of that portion of the bid which is subject to sales or use tax if it is determined that the City would receive a refund of sales or use tax on that portion of the bid. Payment, however, will conform to the provisions of Section 9-3 of these Specifications and will not be reduced by the aforementioned one percent. CONTRACT EXECUTION Any contract entered into pursuant to this notice shall become effective or enforceable against the City only when the formal written contract has been duly executed by the appropriate officer of the City. CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES After notification of award and prior to start of any work, the Contractor's shall submit to the City for approval its proposed Construction Schedule. At a scheduled date prior to commencement of work, the Contractor's and all subcontractors shall attend a preconstruction conference at the City of Azusa's City Hall. The selected Contractor shall complete the project within 30 calendar days of City's Authorization to Proceed with Construction. Working hours for this project are between 7:00 a.m. and 5:00 p.m. - Monday through Friday, excluding legal holidays and weekends. The Contractor agrees that failure to complete work within the time allowed will result in damages being sustained by the City. Contractor and City agree that failure to complete the B-2 project will result in inconvenience to the citizens of City of Azusa. The parties also agree that failure to complete the project on time will prevent the City from having the use of the affected facilities. Therefore, the parties agree such damages among others are, and will continue to be, impracticable and extremely difficult to determine, but that One -hundred -fifty Dollars ($150) a calendar day is the minimum value of such costs to the City and is a reasonable amount that the Contractor agrees to reimburse the City for each calendar day of delay in finishing the work in excess of the time specified for completion, plus any authorized time extensions. Execution of the contract under these specifications shall constitute agreement by the Contractor and the City that the above indicated liquidated damage amount per calendar day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. Said amount may be reduced by the City if work is sufficiently completed within the allotted time so that the damages are minimized. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor. DISCREPANCIES AND MISUNDERSTANDINGS Before submitting a Proposal, Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they B-3 may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed, and fully inform themselves as to all existing conditions and limitations, and shall include in the Proposal, the cost of all items necessary in the completion of the project. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such the Bidder might have fully informed himself prior to the bidding. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City. Should a Bidder find any ambiguity, inconsistency or error in the plans and project manual, or be in doubt as to their meaning, the Bidder shall notify the City, in writing via mail or email as specified in the Notice Inviting Bids Section. Issues requiring clarification will be addressed in a written addendum response, sent by FAX to each Bidder, person or firm recorded by the City as having attended the mandatory pre- bid meeting. Any addenda issued by the City during the time of bidding are to be included in the proposal from the Bidder, and shall become a part of the Bid documents. The Bidder shall acknowledge receipt of addenda on the proposal form in the space provided. By submitting a bid, the Bidder shall be held responsible to have personally examined the site(s) and the drawings, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the plans, specifications, site conditions and/or contract provisions. SOLE SOURCE PROVISIONS In accordance with Section 3400 of the California Public Contract Code, no materials or equipment is intended to be identified as "sole source". All material and equipment is specifically identified as is or equal. Bidders are encouraged to propose alternates for evaluation by the City as being equal to that specified in the contract documents. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor shall pay for and obtain a City Business License. The City will waive City Permit Fees. CONTRACTOR'S LICENSE LAW The successful Bidder shall comply with and require all subcontractors to comply with all Federal, State and City Contractor's License Laws and be duly registered and licensed there under as required. No contract will be awarded to a bidder who is not licensed in accordance with the law under the provisions of Division III, Chapter 9, of the California Business and Profession Code at the time of the award. Prior to commencing work, the Contractor and all subcontractors shall obtain business licenses from the City of Azusa. B4 CONTRACT BONDS The successful Bidder is required to provide and pay for a performance and a payment bond as stated in SECTION 2-4 CONTRACT BONDS, of the Greenbook (Standard Specifications for Public Works Construction, latest edition). These bonds shall cover the faithful performance (100%) of the Contract for Construction and the payment of all obligations (100%) arising there under.in such form as the City may prescribe and with such sureties as they may approve. The successful Bidder shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his Power of Attorney indicating the monetary limit of such power. The City reserves the right to reject any proposed bonding company without stating cause. In this event the successful Bidder shall provide an alternate bonding company whose selection is acceptable to the City. Bonds shall conform to state statutes regarding performance bond and labor and material payment bond with amount shown on each part equal to 100% of the total amount payable by terms of the Contract for Construction. The surety company shall be licensed to do business in the state in which the project is located and shall be acceptable to the City. Bond amount shall be increased to include any Change Order(s) added to the contract to 100% total value amount of each Change Order. Bonds will be recorded along with a copy of the construction contract in the County Recorder Records by the General Contractor's with written proof submitted to the City. LIABILITY INSURANCE All bidders must be able to provide proof with bid submittal of a minimum of $1,000,000 general/public liability insurance and additional $5,000,000 umbrella/excess liability insurance. At time of contract, the City shall be named as "additional insured" on all policies required and contractor shall provide Additional Insured Endorsement as evidence of such. The liability insurance coverage values shall be: (1) Public Liability and Property Damage Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); a) General Liability total aggregate of 2 million. Which should state: "Additional insured endorsement names the City of Azusa as additional insured and that their insurance is primary and noncontributory. b) The City of Azusa requires a separate Certificate of Endorsement that enforces the general liability statement: "Additional insured endorsement names the City of Azusa as additional insured. The certificate should indicate that their insurance is primary and noncontributory." (2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); B-5 (3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (5) or GENERAL AGGREGATE LIABILITY in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (6) Proof of Worker's Compensation Insurance is required. Automobile and lease vehicle insurance; owned, not owned and hired. Insurance to include bodily injury, sickness and death of any person and property damage owned and unowned per occurrence. SOCIAL SECURITY ACT The successful Bidder agrees to comply with and to require all of his subcontractor's to comply with all the provisions of the Act of Congress approved August 14, 1935, known and cited as the "Social Security Act" and also the provisions of the act of the State Legislature approved, and known as the State Unemployment Compensation Law and all other laws and regulations pertaining to labor and workmen and all amendments to such data, and the Contractor further agrees to indemnify and hold harmless the City of Azusa of and from any and all claims and demands made against it by virtue of the failure of the Contractor's or any subcontractor's to comply with the provisions of any or all of said acts and amendments. SALES AND USE TAX The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of applicable state sales excise tax law and compensation use tax law and all amendments to same. The successful Bidder further agrees to indemnify and hold harmless the City of Azusa of and from any and all claims and demands made against virtue of the failure of the Contractor or any Subcontractor to comply with the provisions of any or all said laws and amendments. WAIVER OF LIENS The successful Bidder (General Contractor) is responsible for the payment of all bills for labor and materials furnished by the subcontractor, the suppliers, and the General Contractor on this project. The General Contractor shall deliver to the City unconditional Lien Waivers and/or Releases from himself and from each of his subcontractors and suppliers, and at such time he shall certify that he is submitting such lien waivers for all subcontractors and suppliers involved. If any liens are filed against the City property, the City may, at its option, demand General Contractor immediately provide a bond in accordance with state statutes. B-6 LEGAL RESPONSIBILITIES All proposals must be submitted, filed and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans. Specifications, and other contract documents, and to full compliance therewith. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible, responsive bidder as determined solely by the City. The City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty days, as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. The Contractor shall submit a signed contract, bonds, insurance and all necessary documents to the City, within the required schedule. EMPLOYMENT OF APPRENTICES Attention is directed to the provisions in Section 1777.5, 1777.6 and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor's or any subcontractor's under him. The Contractor and any subcontractor under him shall comply with the requirements of said section in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. SUBCONTRACTS Subcontracts shall comply with SECTION 2 - SCOPE AND CONTROL OF THE WORK, of the Greenbook (Standard Specifications for Public Works Construction, latest edition). The Contractor is required to perform, with its own organization, Contract work amounting to at least fifty-one percent (51%) of the Contract Price. Failure to meet these requirements will result in disqualifying of the bid or termination of the contract. This provision supersedes any other provisions which specified a different subcontract requirement. Proposed subcontractor's names, a general description of the work to be performed by each subcontractor's and the dollar amount for each subcontractor shall be submitted with the bid. PROJECT CLOSE OUT DOCUMENTS Within ten (10) calendar days of completion of the project; the Contractor shall submit project close out documents, including drawings showing as built conditions with red pencil; all warranties and guarantees; all paperwork required for labor compliance; all final lien releases; all other project related documents requested by the City. B-7 CONSTRUCTION WATER The Contractor shall not draw water from any fire hydrant (except to extinguish a fire) without obtaining permission from the water agency concerned. Full compensation for water used by the Contractor for the construction of this project shall be considered as included in the prices bid for the various items of construction and no additional compensation will be made therefore. PROPOSAL REQUIREMENTS AND CONDITIONS The bidder's attention is directed to the applicable provisions in the Standard Specifications for Public Works Construction for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid. A. Examination of Site. and Specifications: Bidders shall examine the site of the work and acquaint themselves with all conditions affecting the work. By submitting a bid, the Bidder shall be held responsible to have personally examined the site, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the specifications, site conditions and/or contract provisions. The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment and incidentals, that are implied or required for the complete improvements as contemplated by the contract documents. B. Pre -Bid Inquiries: Bidders with pre-bid inquiries should contact: Israel Del Toro Senior Management Analyst City of Azusa, Public Works Department 213 E. Foothill Boulevard Azusa, CA 91702 Tel: (626) 812-5261 ideltoro@ci.azusa.ca.us ALL INQUIRIES MUST BE SUBMITTED IN WRITING VIA MAIL OR EMAIL. NO VERBAL RESPONSES WILL BE PROVIDED IN PERSON OR OVER THE TELEPHONE. B-8 C. BIDDER'S PROPOSAL ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION C `BIDDER'S PROPOSAL" TO THE CITY SUBMITTED BY: (Bidder's Namey In accordance with the City of Azusa's Notice Inviting Sealed Bid Proposals, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Azusa of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of Azusa's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City of Azusa and this bid and the acceptance hereof may, at the City of Azusa's option, be considered null and void. BID SCHEDULE To the City of Azusa City Council, herein called the "Council": Pursuant to and in compliance with your Notice Inviting Bids and the other documents' relating thereto, the undersigned bidder, having familiarized himself with the work as per the paragraph, "Discrepancies and Misunderstandings," contained in the "INSTRUCTIONS TO BIDDERS" section, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required for this contract in the City of Azusa, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule. C-1 BID SCHEDULE Memorial Park Unit Cost 1 (4) Basketball court resurfacing (two colors 2 (3) Tennis court resurfacing (two colors) 3 (4) Handball courts (two colors) Total Gladstone Park Unit Cost 1 1 Basketball court resurfacing two colors 2 (2) Handball courts (two colors) 3 (1) volleyball court (two colors) Total Slauson Park Unit Cost 1 (2) Basketball court resurfacing (two colors) 2 (1) volleyball court (two colors) Total Grand Total TOTAL BID AMOUNT IN WRITING: The bid prices shall include any and all costs, including labor, materials, and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and applicable standards. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and applicable standards are assumed to be included in the bid prices. BIDDER understands that a bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. C-2 DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: Note: The prime contractor is required to perform, with its own organization, contract work amounting to at least fifty one percent (51 %) of the Contract Price. Name, address, and phone number of subcontractors, suppliers, and vendors Name portion of work, materials, and/or equipment Dollar Value of Sub -Contract % of Total Bid Amount $ $ $ $ $ o/a $ $ Total $ C-3 The bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give references which will enable the City Council to judge of his responsibility, experience, skill and business and financial standing. Minimum 3 references shall be provided. Additional numbered pages outlining this portion of the proposal may be attached to this page. Reference 1 Project Name: Type of Work: Year Completed: Contract Amount: Name/ Address of Owner/Agency: Reference Contact: Name: Title: Tel: Reference 2 Project Name: Type of Work: Year Completed: Contract Amount: Name/ Address of Owner/Agency: Reference Contact: Name: Title: Tel: Reference 3 Project Name: Type of Work: Year Completed: Contract Amount: Name/ Address of Owner/Agency: Reference Contact: Name: Title: Tel: C-0 BONDS The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: ,EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Dated Addendum No. Dated Addendum No. Dated EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. C-5 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If a Corporation, State of Incorporation (i.e., Calif.) Business Address Telephone State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The date(s) of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA'S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: Previous contract performance history: Was any contract terminated previously: If the answer to the above is yes" provide the following information: Contract/project name and number: Date of Reason for termination: Owner's Owner, contact person and tel. n C-6 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this day of , 20_ Subscribed and sworn to this day of , 20_ NOTARY PUBLIC C-7 BID BOND FOR ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 KNOW ALL MEN BY THESE PRESENTS as BIDDER, AND , as SURETY, are held and firmly bound unto the City of Azusa, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to the City of Azusa for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Azusa for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Azusa. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20_ BIDDER' SURETY" 'Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of 20_ NOTARY PUBLIC C-8 D. CITY OF AZUSA STANDARD CONTRACT ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 THIS AGREEMENT is made and entered into this day of 2012, by and between the CITY OF AZUSA, a Municipal corporation, hereinafter called CITY, and hereinafter called CONTRACTOR. RECITALS CITY, . by its Notice Inviting Bids duly advertised for written bids to be submitted on or before , for the following: ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 hereinafter called PROJECT. At , on said date, in the office of the City Clerk, said bids were duly opened At its regular meeting held on , 2012, the City Council duly accepted the bid of CONTRACTOR for said PROJECT for being the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The contract documents for the PROJECT shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, CONTRACTOR'S Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the Contract Documents. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as CONTRACT DOCUMENTS and are incorporated herein by this reference and made part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. D-1 ARTICLE III CONTRACTOR hereby agrees to receive and accept the total amount of Dollars ($ ), which is based on performing all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. The final total amount to be paid to the CONTRACTOR shall be based on actual bid quantities completed. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of Article XII herein have been met. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. ARTICLE V CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the CITY and shall complete work on the PROJECT within the time schedule specified in the specifications. ARTICLE VI A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any Contractor's subcontractor, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall promptly investigate the reported conditions. If CITY, through the City Engineer or his/her, and in the exercise of its 'sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights, which pertain to the resolution of disputes and protests between the parties. ARTICLE VII CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the Contractor's work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided: (a)That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold -harmless agreement because of the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) That the aforesaid hold -harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleges to have been suffered, by reasbn of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE VIII CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE IX CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (a) COMPENSATION INSURANCE. CONTRACTOR shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor's similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Worker's Compensation law, CONTRACTOR shall provide D-3 and shall cause each subcontractor's to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect the CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR or any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor's, and the amounts of such insurance shall be as follows: (1) Public Liability and Property Damage Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (5) or GENERAL AGGREGATE LIABILITY in an amount of not less than TWO MILLION DOLLARS ($2,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth herein above. (c) PROOF OF INSURANCE, The City of Azusa shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. Such insurance shall be primary and noncontributory with any other insurance maintained by the City of Azusa. (d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contract until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. ARTICLE X If any dispute shall arise concerning this Agreement, the prevailing party shall be entitled to attorney fees. ARTICLE XI The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates D-4 specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event of such a breach. The parties therefore agree that in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of Two -hundred -fifty dollars ($250) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of Two -hundred -fifty dollars ($250) as liquidated damages for. each day of delay in the starting and/or completion and acceptance of said PROJECT beyond the date specified in the CONTRACT DOCUMENTS. Any and all such liquidated damage assessed shall be done so in accordance with that certain edition of the Specification for Public Works Construction, currently in effect as of the date of this Agreement. ARTICLE XII Contractor hereby promises and agrees to comply with all of the provisions of the Federal Requirements related to employment and labor relations. ARTICLE XIII Upon completion of the PROJECT and acceptance of same by the City Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. ARTICLE XIV This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE XV The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE XVI If either party to this agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for investigating such action conducting discovery and all other necessary cost the court allows, which are incurred in such litigation. The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY. . IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on the date first above written by their respective officers duly authorized in that behalf. D-5 CITY OF AZUSA, a Municipal corporation Signed by: Joseph R. Rocha Mayor Signed by: James Makshanoff City Manager ATTEST: CONTRACTOR Signed by: President Signed by: Signed by: Vera Mendoza City Clerk APPROVED AS TO FORM: Signed by: Sonia Carvalho City Attorney D-6 Secretary FAITHFUL PERFORMANCE BOND FOR ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 KNOW ALL MEN BY THESE PRESENTS that firmly bound unto the Azusa, in the penal sum of as CONTRACTOR as SURETY, are held and dollars ($ ), which is one -hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of Azusa for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Azusa; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this _day of , 20_ CONTRACTOR* SURETY* * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of 20_ NOTARY PUBLIC D-7 MATERIAL AND LABOR BOND FOR ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 KNOW ALL.MEN BY THESE PRESENTS that as CONTRACTOR and as SURETY, are held and firmly bound unto the City of Azusa, in the penal sum of dollars ($ ), which is one -hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of Azusa for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Azusa; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this _day of , 20_. CONTRACTOR* SURETY* * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of 20— NOTARY PUBLIC D-8 SCOPE OF WORK ATHLETIC COURT RESURFACING PROJECT NO. 601409-11 SCOPE OF WORK The City of Azusa ("Owner') recognizes the need for sport court resurfacing and is seeking bids from qualified firms to provide such services to the City. The Scope of Work requires the Contractor to furnish all materials, equipment, tools, labor and incidentals to perform the work in the specifications and contract documents for (7) modified length basketball courts, (3) tennis courts (including surrounding concrete perimeter of tennis courts), (2) volleyball courts and (6) handball courts. PROJECT SPECIFICATIONS All resurfacing products shall be 100% latex. The City has experienced satisfactory results with Latex-ite Recreational Coatings, therefore, this specification is written based on the Latex-ite product line or equal. Contractor should be certified, if required by manufacturer, for product warranty. Scrape and clean entire court surface area. All loose dirt and debris shall be cleaned from the court surface utilizing a stiff bristle broom and commercial grade mechanical air blowing equipment or water based pressure spray unit, capable of generating 3500 psi at the nozzle tip, to remove all dirt and debris. 4. Patch all unacceptable low areas greater than 1/16" depth with. Latex-ite Leveling Compound or equal to minimize any ponding and "birdbaths". 5. Furnish and install one (1) coat of Latex-ite Acrylic Resurfacer or equal over entire court surface. The resurfacer shall be applied according to the latest manufacturer's recommendations. The resurfacer shall be applied at a rate of no less than .04 to .08 gallons per square yard. 6. Furnish and install three (3) coats of Latex-ite Acrylic Color Sealer or equal, the 100% acrylic color -in-depth surfacing system. Colors to be selected by City representative. The first and second applications of Latex-ite Acrylic Color Sealer shall be mixed in the following manner: (55) gallons undiluted Latex-ite Acrylic Color Sealer, (400) lbs. silica sand and (30) gallons potable water. The mix shall be for each coat. The first two coats shall be applied at a rate of not less than (12) gallons per square yard. The final application of Latex-ite Acrylic Color Sealer shall be mixed in the following manner: (55) gallons Latex-ite Acrylic Color Sealer, (300) lbs. of silica sand, and 30 gallons of potable water. The final applications shall be made at a rate of not less than .05 gallons of mix per square yard. Total material usage for the three coat system shall be not less than .17 gallons of mix per square yard. Playing Lines: After the final application of Latex-ite Acrylic color Sealer has thoroughly dried, (2) inch wide playing lines shall be accurately laid out, taped and hand painted with Latex-ite Acrylic Line Marking Paint or equal. The playing lines shall be installed in accordance with the regulations of the U.S. Tennis Association and the National Basketball Association (NBA). D-1 I LIMITATIONS Apply coatings only when ambient temperature is fifty degrees (50 F) and rising, and the surface temperature is not in excess of one hundred forty degrees (140 F). Care should be taken not to apply coatings when rain is forecast or sudden drop of temperature is expected. Care must be taken to allow each application to dry thoroughly prior to recoating. QUALITY STANDARDS The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. All work shall be done in accordance with the NBA and the United States Tennis Court (USTA) guide specifications. No substitution will be considered unless written request for approval has been received by the "Owner" at least eight (8) workdays prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the work including changes in the work prompted by the substitution shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The City's decision of approval or disapproval of a proposed substitution shall be final. MATERIALS 1. Latex-ite Acrylic Crack and Leveling Compound or equal: To be mixed in accordance to manufacturer's specifications with Portland cement. Shall be used for patching cracks, and leveling low areas on the existing court surfaces. 2. Latex-ite Acrylic Color Sealer or equal: To be mixed with 80-100 mesh silica aggregate and potable water in accordance with manufacturer's printed specifications. 3. Latex-ite Acrylic Line Paint or equal: Shall be used undiluted for painting of playing lines. Line paint shall be factory compound product compatible with surface coat. 4. Latex-ite acrylic Resurfacer or equal: To be mixed and applied in accordance with manufacturer's latest printed specifications. 5. Silica Sand: silica aggregate shall be clean, dry manufactured silica sand meeting the 80-100 mesh size requirement. CLEAN UP At the end of day and upon completion of work at a site, the Contractor shall remove all containers, debris, etc., and leave the site in a condition acceptable to the City. The courts are to be left secure as to prevent vandalism. D-2 SUBSTITUTIONS If the City approves a proposed substitution prior to receipt of bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. VARIANCES There shall be no variances from the specifications without the approval of the City or City Representative. ' LOCATIONS Memorial Park, 320 N. Orange Place (3) Tennis Courts (surfacing material must be applied to entire concrete area), (4) Modified Full Basketball Courts and (4) Handball Courts. Colors — Royal Blue and Tan with White lines Gladstone Park, 414 S. Pasadena Ave. 501 E. 5th Street (1) Modified full Basketball Court, (1) Volleyball Court and (2) Handball courts. Colors — Royal Blue and Orange with White lines. Surfacing material must be applied to entire concrete area. Slauson Park, (2) Modified Full Basketball Courts and (1) Volleyball Court. Colors - Royal Blue and Lemon Yellow with White lines. MANDATORY JOB WALK IS TUESDAY, MARCH 13TH, 2012 AT 11:00 A.M. AT MEMORIAL PARK LOCATED AT 320 N. ORANGE PLACE, AZUSA, CALIFORNIA. D-3 i CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SAM GONZALEZ, CHIEF t OF POLICE VIA: JAMES MAKSHANOFIo, WCITY MANAGER DATE: APRIL 16, 2012 SUBJECT: PURCHASE OF INTERNET PROTOCOL (IP) CAMERAS AND SERVER RECOMMENDATIONS It is recommended that the City Council approve the purchase of 33 IP cameras and an IP camera server for installation in the police facility in the amount of $51,622.66 from ADI located in Carson, CA and in collaboration with LACLEAR. It is further recommended that the City Council approve the purchase of this equipment per AMC Section 2-523(d) when there is justification to use a sole source. BACKGROUND The Police Department has used McNeil Security for station security for more than 25 years: they provide CCTV cameras and also monitor alarms in the police facility. The equipment is outdated in comparison to what is available to law enforcement without having to pay a lease or annual contract. The current CCTV equipment provided by McNeil Security does not allow for recording audio or video. The Police Department currently pays $16,380 annually for the McNeil Security contract which can be cancelled once this new system has been installed. IP Cameras and Servers are technologically advanced and have the ability to record under various conditions. More importantly, the images can be saved for significant periods of time without having to purchase and store large amounts of video tapes. These cameras are so sophisticated that they can send instant notification when a critical area has been breached along with a snapshot of the cause of the activation. This system will provide superior audio and video I for the jail environment and recorded security video for the entire police facility. It is estimated this camera system should last at least ten years. The Los Angeles County Regional Criminal Information Clearinghouse (LACLEAR) is a Federal taskforce for the Los Angeles Region, eligible for reduced pricing for security systems through ADI. Furthermore, ADI is an authorized dealer for Axis Communications, the manufacturer of Axis cameras. In order to receive Federal pricing from ADI, this purchase will be placed under the LACLEAR taskforce name and issued to ADI. Additionally, our pr ject is registered with Axis Communications for additional price reductions. LACLEAR assisted staff in choosing the equipment needed for the project based on their experience and training with Axis cameras and covert installations. In conjunction with the purchase through ADI, LACLEAR will install and integrate the new camera system, and configure and pay for the required inputs/outputs to properly configure the police interview rooms, all at no charge. Police Department staff obtained two other informal bids for the same camera system, but both quotes were higher and neither included installation nor sold the same brand IP camera server system preferred by LACLEAR. Those two quotes were as follows: 1. Kintronics, Inc. — Ossining, NY $54,086 (different server) 2. Feeney Wireless — Eugene, OR $54,221 (same server quoted by different vendor) More significantly, staff is not aware of any other vendor(s) that can provide proper configuration of the interview rooms with the necessary equipment at no charge. FISCAL IMPACT This procurement will be funded with $39,500 from the COPSBrulte Grant (Account # 26-20- 310-000-7140) and $12,123 in Asset Seizure funds (Account # 28-20-310-041-7140). No General Fund money will be used for this project. Prepared by: Stephan Hunt, Detective Lieutenant Sam Gonzalez, Chief of Police K r CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR.OF RECREATION AND FAMILY SERVICES VIA: JAMES MAKSHANOFFrCITY MANAGER DATE: APRIL 16, 2012 SUBJECT: APPROVAL OF BIDS AND SPECIFICATIONS FOR THREE YEAR LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT AND AUTHORIZATION FOR FORMAL BIDDING RECOMMENDATION: Staff recommends that the City Council approve bids and specifications for a three year Landscape and Irrigation Maintenance Contract and authorization for formal bidding process. BACKGROUND: On December 3, 2007 the City Council approved a (3) year contract with Mariposa Landscape Inc. in the amount of $130,428.00 for landscape and irrigation maintenance of various median islands, public facilities and public right of ways. Within this (3) year contract, an amendment to the contract was approved by City Council on July 20, 2009, adding (5) new additional areas in the amount of $70,500.00. This brought the total amount of the contract to $200,928.00. On January 18, 2011 City Council approved an eighteen month contract extension that commenced on January 1, 2011 and will expire on June 30, 2012. The contract includes scheduled maintenance of (54) sites in addition to potentially (7-10) sites, pending progress in the Rosedale Residential Development Project. FISCAL IMPACT: Funds have been proposed respectfully in the 2012 -2013 Fiscal Year operating budget of the Recreation and Family Services Department — Park Division, as follows: General Fund Account Number # 10-25-420-000-6493 in the amount of $164.304.00. Rosedale Community Facility District (CFD) Account Number 437-25-420-000-6493 in the amount of $36,624.00 ATTACHMENTS: Attachment A — Landscape and Irrigation Maintenance Contact Documents and Specifications 12-035 i CITY OF AZUSA RECREATION AND FAMILY SERVICES DEPARTMENT PARKS DIVISION PROJECT NO. PK 12-15 BIDS & SPECIFICATIONS FOR THREE YEAR CONTRACT (7/1/12 - 6/30/15) FOR LANDSCAPE AND IRRIGATION MAINTENANCE OF VARIOUS MEDIAN ISLANDS, PUBLIC FACILITIES, AND RIGHT-OF-WAYS CITY COUNCIL JOSEPH R. ROCHA, MAYOR ANGEL CARRILLO MAYOR PRO TEM KEITH HANKS COUNCIL MEMBER URIEL MACIAS ROBERT GONZALES COUNCIL MEMBER COUNCIL MEMBER JAMES MAKSHANOFF CITY MANAGER JOE JACOBS DIRECTOR OF RECREATION & FAMILY SERVICES ROY CHAVEZ RECREATION SUPERINTENDENT -PARK OPERATIONS LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 12-15 TABLE OF CONTENTS Notice Inviting Bids............................................................................... 3 Instruction To Bidders......................................................................... 5 ProjectSchedule................................................................................. 9 Bid Sheet and Areas....................................................................... 10-17 Bidder's Bond................................................................................... P-7 Performance Bond...................................................................... P-8 - P-9 Labor and Material Bond.......................................................... P-10 — P-11 Contractor's License Declaration......................................................... P-12 Agreement.............................................................................. C-1 — C-19 LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 12-15 NOTICE INVITING BIDS PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa, County of Los Angeles, State of California, will receive, at the office of the City Clerk, City Hall, Azusa, California, up to the hour of 10:00 A.M. on Wednesday, May 16, 2012 sealed bid for the following: Bids will be publicly open and declared in the Office of the City Clerk, City Hall, 213 E. Foothill Blvd., Azusa, California, at 10:00 A.M. on Wednesday, May 16, 2012. Action will be taken on these bids by the City Council, City of Azusa, at 7:30 P.M. on Monday, June 4, 2012, at a regular meeting of the City Council in the Council Chambers, City Hall, Azusa, California. No bid shall be considered unless it is made on a proposal form provided for that purpose sealed and filed with the City Clerk at the above address, on or before the time specified for receiving bids. Each bid must be accompanied by a bidder's bond, cash, certified check, or cashier's check, made payable to the City of Azusa, for an amount equal to at least ten percent (10%) of the amount bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into the contract. Bidders are advised that this contract is a Public Works Contract for purposes of the California Labor Code, which requires payment of prevailing wages. Pursuant to the Labor Code of the State of California, the City Council of the City of Azusa has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be preformed for each craft or type of workmen needed to execute the proposed contract. These prevailing rates are on file in the office of the City Clerk and will be made available to any interested party upon request. The successful Contractor must pay the prevailing rates, post copies thereof at the job site(s) and otherwise comply with applicable provisions of State Law. The successful bidder will be required to furnish Labor and Material Bonds in an amount equal to one hundred percent (100%) of the annual contract price and Faithful Performance Bonds in an amount equal to one hundred percent (100%) of the contract price. Bonds shall be secured by a surety company or surety companies satisfactory to City annually and admitted in California. The City of Azusa requires that all contractors be licensed with the State of California in their particular area of expertise, Per Section 7028.15(e) of the Business and Professions Code, a license contractor shall not submit a bid to a public agency unless his or her contractor's license appears clearly on the bid, -3- the license expiration date is stated and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the City of Azusa. All bidders are required to completely fill the "Contractors license Declaration" contained in the bid documents. ',The license type required for this project is C-27. A complete set of Drawing and Specifications may be obtained from the Office of Recreation and Park, located at 320 N. Orange Place, Azusa, California, for a fee of $35.00 (non-refundable) for a set. Additional sets may be purchased for $10.00 per set. If you wish to have the drawing and specification mailed to you a fee of $45.00 will be charged for each set. Fees must be received before the Drawing and Specification will be mailed. The City Council reserves the right to reject any and all bids or parts thereof and to waive any minor irregularity in such bids. VERA MENDOZA, CITY CLERK CITY OF AZUSA -4- LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 12-15 INSTRUCTION TO BIDDERS 1. SECURING DOCUMENTS Bid and Contract Documents may be secured from the Office of Recreation and Park, 320 N. Orange Place, City of Azusa. A non-refundable fee of $35.00 will be charged for each set of plans and specifications purchased, and $45.00 if requested by mail. 2. EXAMINATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, WORK . SITE The bidder shall examine carefully the site of the proposed work, and the Notice Inviting Bids, plans, specifications, and Contract Documents. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of said Notice Inviting Bid, plans, specifications, and Contract Documents. 3. PROPOSAL Bids, to receive consideration, shall be made in accordance with the following instructions: A. Bids shall be made upon the forms provided therefore in the proposal, with all items which the bidder is bidding properly filled out; numbers shall be stated in writing and in figures, signatures of all persons signing shall be in longhand; completed forms shall be without inter -lineation, alterations, or erasures. B. All bids submitted shall include in the lump sum or unit prices bid, all sales, or other taxes of City, State, or Federal Government of ever nature in effect at the time of bidding. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered unless called for. No oral, telegraphic, telephonic proposals, or modifications will be considered: D. All Proposals or Bids shall be accompanied by a check payable to the City of Azusa for the amount not less than ten percent (10%) of the aggregate of the Proposal, certified by a responsible bank, or by a Bidder's Bond for the said amount and so payable. Said check, or bond shall be given as a guarantee that the Bidder will enter into a Contractor if awarded the work and in case of refusal or failure to enter into a Contract, the check or bond, as the case may be, will be collected by the City of Azusa as provided by law. E. Before submitting a bid, each bidder shall carefully examine and read the specifications and the forms of other parts of the contract documents, visit -5 - the work -site, fully inform himself as to all existing conditions and limitations, and shall include in his bid a sum to cover the cost of all items included in the contract. F. Bids shall be delivered to the City Clerk, City of Azusa, on or before the day and hour set for the opening of bids in the bid advertisement, enclosed in a sealed envelope bearing the title of the work and name of the bidder. It is the responsibility of the bidder to see that his bid is delivered in proper manner and time. If any bid is received after the scheduled closing time, it shall be returned to the bidder unopened. 4. WITHDRAWAL OF BIDS Any bidder may withdraw his bid, either personally of by telegraphic or written request, at any time prior to the scheduled opening time of bids. 5. INTERPRETATION OF PLANS AND DOCUMENTS If any person who contemplates submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specification or other parts of the proposed contract documents, or finds discrepancies in or omissions from the specifications he may submit to the Engineer a written request for an interpretation or correction thereof. The person submitting the request shall be responsible for its prompt delivery. Any interpretation or corrections of the proposed contract documents will be made only by addenda duly issued, and a copy of such addenda will be mailed or delivered to each person receiving a set of plans and specifications. The City of Azusa will not be responsible for any other explanation or interpretation. 6. ESTIMATED QUANTITIES The quantities given in the plans and specification are approximate only, given as a basis of bid comparison, and the City does not expressly or by implication guarantee that the actual amount of the proposed work will correspond therewith. 7. ADDENDA Any addenda issued before or during the time of bidding shall become a part of the contract documents and shall be covered in the bid and made a part of the contract. 8. DISQUALIFICATION OF BIDDERS The City Council may reject any and all proposals or bids should it deem this is for the public good. A Contract shall be awarded, if at all, to the lowest responsible bidder submitting a responsive bid. 9. IRREGULAR BIDS Bids may be rejected if the show any alterations of from, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. -6- 10. MATERIAL QUALITY A. GENERAL. Unless otherwise specifically provided in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this contract are to be new and of the available grade of their respective kinds. Whenever in the specifications any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of the manufacturer, or by catalog number, such specifications shall be deemed to be unused for the purpose of establishing a standard of quality and facilitating the description of the materials or process desired and shall be deemed to be followed by the words "or equal", and the contractor in such cases may, on written permission of the City, use any item, type or process which shall be substantially equal in every respect to that so indicated or specified. The City shall be sole judge as to the equality of the substituted article. B. SUBSTITUTIONS. If materials other than as specified are used in bidding the work described in the Special Conditions and/or shown on the plans, the bidder shall furnish a list of such substitutions giving name and manufacturer of each item to be substituted in order that such items may be checked before the contract is awarded. 11. OPENING OF BIDS Bids will be opened and publicly read aloud in the City Clerk's office, City Hall, Azusa, California. In case where only one bid is received, such bid ay be properly opened and read aloud in the usual manner, and accepted at the option of the City Council. Bidders or their representatives and other interest persons may be present at the opening and reading of bids. 12. AWARD OR REJECTION OF BID The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of the bids. All Bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. 13. BIDDERS SUBMITTING MORE THAN ONE BID No person, firm, or corporation shall submit more than one bid for the same work. A person, firm or corporation who has submitted a sub -proposal to a bidder or who has quoted prices on materials and/or labor, to a bidder is not thereby disqualified from submitting a sub -proposal or quoting prices to other bidders. 14. EXECUTION OF CONTRACT The contract, bonds and required insurance documents shall be executed and filed by the successful bidder with the City Clerk of the City of Azusa not -7- later than fifteen (15) days after notification of award and mailing of the proposed contract to the successful bidder. 15. RETURN OF BIDDER'S GUARANTEES Within ten (10) days after the award of the contract, the City of Azusa will return the proposal guarantees accompanying each of the proposal which are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to respective bidders whose proposals they accompanied. 16. FILING OF BID PROTEST Bidders may file a "protest" of a contract award with the Department. In order for a Bidder's protest to be considered valid, the protest must: a. Be filed timely and in writing (as detailed in this Section) b. Clearly identify the specific accusation involved. c. Clearly identify the specific City recommendation being protested. d. Specify, in detail, the grounds of the protest and facts supporting the protest. e. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. A protest regarding the recommendation award of a contract solicited by the Notice Inviting Bids must be filed in writing with the City within five (5) Calendar Days after the bid opening. If the protest is valid, the City or other designated City staff member, shall review the basis of the protest and all relevant information. The City will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the City to the City Council. -8- LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT PROJECT NO. PK 12-15 PROJECT SCHEDULE Submit Agenda Items — Specifications Council Approval April 16, 2012 Advertisement in Tribune April 17, 2012 Mandatory Walk -Through May 2, 2012, 10:00 a.m. Meet at the Azusa Recreation and Parks Department offices at 320 N. Orange Place, Azusa, CA. (626) 812 5280. Formal Bid Opening May 16, 2012 City Clerk Office 10:00 a.m. 213 E. Foothill Blvd. Azusa, CA 91702 Reference Check May 17, 2012 Submit Agenda Item —Award May 21, 2012 Council Approval June 4, 2012 Contract Execution, Bonds June 11, 2012 Pre -Construction Meeting and Notice to Proceed June 18, 2012 Contract Commencement July 2, 2012 CITY OF AZUSA LANDSCAPE MAINTENANCE PROPOSAL PROJECT NO. 12 - 15 BID SHEET The City of Azusa is requesting your Company to participate in submitting the cost to maintain the landscaping and irrigation with the highest quality possible. All proposals are to include labor and materials by the Contractor. AREA 1: Foothill Blvd / Santa Fe Railroad right of way with slopes on the north side from Vernon Avenue east to approximately 240 lineal feet of the railroad overpass, and on the south side starting approximately 250 lineal feet west of Orange Avenue to approximately 130 lineal feet west of the railroad overpass. , -10- Irrigation maintenance $ per month Landscape maintenance $ per month AREA 2: Foothill Blvd. / Alosta Blvd. — Center medians from the easterly City limits at Barranca Avenue to the westerly City limits. Irrigation maintenance $ per month Landscape maintenance $ per month '. AREA 3: Citrus Avenue — Center median islands south of Alosta Blvd. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 4: Citrus Avenue — Center median islands north of Alosta Blvd. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 5: Citrus Avenue median islands south of Baseline Road / First St. Irrigation maintenance $ per month Landscape maintenance $ per month I AREA 6: Citrus Avenue — Caltrans on / off ramp on the west side of Citrus Avenue South of the 210 Freeway. Irrigation maintenance $ per month Landscape maintenance $ per month -10- AREA 7: First St. / Baseline Road — Center median islands west of Citrus to Fenimore Avenue. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 8: First Street — Center Median Island between Dalton Avenue and Alameda Avenue. Irrigation maintenance $ N/A per month Landscape maintenance $ per month AREA 9: Citrus Grove Park, 600 E. Gardenia (Rosedale Development) Irrigation maintenance $ per month Landscape maintenance $ per month AREA 10: First Street — Walkway west of the 210 Freeway. Overpass between First Street and San Gabriel Place. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 11: Fifth Street — Center median islands west of Alosta Blvd. to Little Dalton channel Irrigation maintenance $ per month Landscape maintenance $ per month AREA 12: Intersection of Fifth & Cerritos Avenue — two triangle medians north and south of Fifth Street on Cerritos, to include parkway on the N/W comer. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 13: South East corner of Fifth Street and Azusa Avenue — vacant lot Irrigation maintenance $ per month Landscape maintenance $ per month AREA 14: Rockvale frontage parkway south of Alosta Avenue west side of Rockvale Avenue Irrigation maintenance $ per month Landscape maintenance $ per month -11- AREA 15: Pasadena Avenue -Center median south of Foothill Blvd. (Rockscape only) -12- Irrigation maintenance $ N/A per month Landscape maintenance $ per month AREA 16: Pasadena Avenue — Center median islands north of Foothill Blvd. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 17: Todd and Sierra Madre — Bike trail 1,565 LF. Includes east slope, west planter and center median. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 18: Gladstone Street — Frontage parkway east of Citrus Avenue to Big Dalton channel. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 19: Intersection of Gladstone Street and Cerritos Avenue — Four center median islands, north and south of Gladstone Street on Cerritos. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 20: Gladstone Street and Pasadena Avenue — Parkway on Gladstone from Pasadena to Cerritos. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 21: Third Street and Barbara Avenue — South side of Northrop Grumman sign. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 22: San Gabriel Canyon Gateway Center — 1950 N. San Gabriel Canyon Rd. Irrigation maintenance $ per month Landscape maintenance $ per month -12- AREA 23: Vernon Avenue — Center median island north of the 210 Freeway Irrigation maintenance $ N/A per month Landscape maintenance $ per month AREA 24: Orange Place — Center median island between Third Street and Fourth Street Irrigation maintenance $ per month Landscape maintenance $ per month AREA 25: Heritage parking court — Parking lot behind 600 block N. Azusa Avenue downtown, between Foothill Blvd. and Sixth Street, east of San Gabriel Avenue (vacant lot on northeast corner of San Gabriel and Sixth Street not included) Irrigation maintenance $ per month Landscape maintenance $ per month AREA 26: Downtown Breezeway. 600 block. N. Azusa Ave. See attached addendum for bi-weekly maintenance. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 27: Vernon Avenue — Center median islands between Eleventh Street and Sierra Madre Avenue Irrigation maintenance $ per month Landscape maintenance $ per month AREA 28: Sierra Madre Avenue between Todd Avenue and San Gabriel Avenue, median islands. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 29: Canyon Park on Sierra Madre Avenue between Sunset Ave. and San Gabriel Canyon Road and between Sierra Madre Avenue and Ellsworth Street on San Gabriel Canyon Road Irrigation maintenance $ per month Landscape maintenance $ per month -13- AREA 30: Azusa Women's Club, 1001 N. Azusa Avenue -14- Irrigation maintenance $ per month Landscape maintenance $ per month AREA 31: Azusa Transportation Facility, 805 W. Tenth Street Irrigation maintenance $ per month Landscape maintenance $ per month AREA 32: Veteran's Park — to include City Hall from Foothill Blvd. to Railroad tracks between Alameda Avenue and Dalton Avenue Irrigation maintenance $ per month Landscape maintenance $ per month AREA 33: Center median islands on Alameda Avenue and Dalton Avenue between Foothill Blvd. and Railroad tracks Irrigation maintenance $ per month Landscape maintenance $ per month AREA 34: Senior Center complex, 740 N. Dalton Irrigation maintenance $ per month Landscape maintenance $ per month AREA 35: Azusa Police Department, 725 N. Alameda Avenue — to include court yard located on the north side of the building Irrigation maintenance $ per month Landscape maintenance $ per month AREA 36: Municipal parking lot north/west comer of Foothill Blvd. and Alameda Avenue Irrigation maintenance $ per month Landscape maintenance $ per month AREA 37: Second Street and San Gabriel Avenue — Median island triangle (native plant material) Irrigation maintenance $ per month Landscape maintenance $ per month -14- AREA 38: 100 block S. Azusa Avenue — Caltrans 210 Freeway on / off ramps on west side of Azusa Avenue Irrigation maintenance $ per month Landscape maintenance $ per month AREA 39: 100 block S. Azusa Avenue — Caltrans 210 Freeway. East bound on ramp on east side of Azusa Avenue Irrigation maintenance $, per month Landscape maintenance $ per month AREA 40: Azusa Avenue — center medians between Arrow Hwy and Mobil Gas Station north of First Street Irrigation maintenance $ per month Landscape maintenance $ per month AREA 41: Palm Drive — parkway and center median from railroad crossing to South Foothill Irrigation maintenance $ per month Landscape maintenance $ per month AREA 42: Edwards Mini Park — North / East corner of Azusa Avenue and Sixth Street. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 43: City Yard, 809 N. Angeleno Irrigation maintenance $ per month Landscape maintenance $ per month AREA 44: Hwy 39, San Gabriel Canyon road, north of Sierra Madre (native plant material) Irrigation maintenance $ per month Landscape maintenance $ per month AREA 45: Leo Nasser Triangle, 1375 N. Azusa Avenue (native plant material) Irrigation maintenance $ per month Landscape maintenance $ per month -is- AREA 46: Letton Avenue — Parkway between Azusa avenue and Letton Street north of Arrow Hwy, south of Newburgh. Irrigation maintenance $ per month Landscape maintenance $ per month AREA 47: Downtown Azusa — From Fifth Street north to Ninth Street to include east and west parkway planters, all hardscape and irrigation Irrigation maintenance $ per month Landscape maintenance $ per month AREA 48: Cerritos Avenue — Parkway on east and west sides of street north of Gladstone Street north to Alford Street Irrigation maintenance $ per month Landscape maintenance $ per month AREA 49: San Gabriel River Canyon Bike Trail includes parking lot Irrigation maintenance $ per month Landscape maintenance $ per month AREA 50: Orkney Street, West of Azusa Ave. (south side of street, Parkway). AREA 51: AREA 52: AREA 53: Irrigation maintenance $ N/A at this time per month Landscape maintenance $ N/A at this time per month Litter Control only $ per month Day Labor Site Irrigation maintenance $ Landscape maintenance $ per month per month Citrus Crossing Parkway, 800 Blk. E. Alosta, south side (parkway only) Irrigation maintenance $ Landscape maintenance $ per month per month Rancho Park, 1357 MacNieil Dr. (Rosedale Development) Irrigation maintenance $ per month Landscape maintenance $ per month -16- AREA 54: Promenade West, (Rosedale Development, center parkway only) Irrigation maintenance $ per month Landscape maintenance $ per month AREA 55: Azusa Avenue parkway south of Gladstone Street, east side of Azusa Avenue approximately 375' south of Payson Street Irrigation maintenance $ per month Landscape maintenance $ per month Total Monthly Cost - $ Total Yearly Cost - $ Additional forth coming areas 7 Rosedale Parks (approximately 7 acres) and Arroyo Trail and Sierra Madre Walking Trail. -17- BIDDER'S BOND KNOW ALL MEN BY THESE PRESENT: That we as principal and as surety, and held and firmly bound unto the City of Azusa in the sum of TEN PERCENT (10%) of the total amount of the bid of the principal, to be paid to the said Agency or its certain attorney, its successors and assigns, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case, shall the liability of the surety hereunder exceed the sum of THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above-mentioned bid to the City of Azusa for certain maintenance specifically described as follows, for which bids are to be opened in the office of the City Clerk, Azusa, California on NOW, THEREFORE, if the aforesaid principal is- awarded the contract and within the time and manner required under the specifications, after prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Azusa, to guarantee faithful performance and the other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this body by the oblige and judgment is recovered the surety shall pay all costs incurred by the oblige in such suits, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on the day of 20_. If Corporation affix Corporate Seal P7 Contractor (Seal) (Seal) (Seal) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, the City Council of Azusa, State of California, by motion adopted December 3, 2007 has awarded to Mariposa Horticultural Enterprises, Inc. hereinafter designated as the "Principal," a contract for Project No. PK07-10 Landscape and Irrigation Maintenance of various median islands, public facilities and right-of-ways in the city of Azusa; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Azusa to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, we Mariposa Horticultural Enterprises, Inc. as Principal, hereinafter designated as the Contractor and City of Azusa Recreation and Family Services as Surety, are held and firmly bound unto the City of Azusa, in the sum of One Hundred Thirty Thousand Four Hundred Twenty -Eight Dollars ($130,428.00), said sum 'being equal to 100% of the estimated amount of contract, to be paid to the said City or it certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the above -bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and will and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their, to be kept and performed at the time and the manner therein specified, and in all respects according to their true intent and meaning and shall indemnify and save harmless the City of Azusa, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The said Surety, for value received, hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms specifications accompanying the same shall be in anyway affect its obligations on this bond, and it does hereby wave notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specification. IN WITNESS WHEREOF, this instrument had been dully executed by the Principal -and Surety above named, on the day of 2007. Sealed) (Sealed) (Sealed) led) led) (Sealed) (Sealed) 21 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, the City Council of City of Azusa, State of California, by motion adopted December 3, 2007 has awarded to Mariposa Horticultural Enterprises, Inc. hereinafter designated as the "Principal," a contract for Project No. PK07-10 Landscape and Irrigation Maintenance of various median islands, public facilities and right-of-ways in the City of Azusa; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Azusa to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, we Mariposa Horticultural Enterprises, Inc. as Principal, hereinafter designated as the Contractor and City of Azusa Recreation and Family Services as Surety, are held and firmly bound unto the City of Azusa, and all contractors, subcontractors, labors, material -men, and other persons employed in the performance of the aforesaid agreement and referred to in the Civil Cold, in the sum of One Hundred Thirty Thousand Four Hundred Twenty - Eight Dollars ($130,428.00), for material furnished or labor thereon of any kind (including benefits), or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses in fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the above -bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and will and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their, to be kept and performed at the time and the manner therein specified, and in all respects according to their true intent and meaning and shall indemnify and save harmless the City of Azusa, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. P10 It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully preformed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. ` The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be preformed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alterations or additions to the terms of the contractor or to the work or to the specifications. IN WITNESS WHEREOF, this instrument had been dully executed by the Principal and Surety above named, on the of 2007. Seal) (Seal) CONTRACTOR Seal) (Seal) P11 CONTRATOR'S LICENSE DECLARATION (Business & Professions Code Section (7018.15) The undersigned declares that he or she is Of (Company Name) 1. Contractor's License Number: 2. Contractors License Classification: 3. Expiration date of Contractor's License: (Title) State:. 20_ 4. Bidder acknowledges that Section 7028.15(e) of the Business and Profession Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's appears clearly on the bid, the license expiration date is stated and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency. The undersigned declares under penalty of perjury that the forgoing is true and correct. Executed on , 20_, at Name of Company Typed Name Signature Title P12 (Insert city and state where signed). The undersigned hereby agrees to execute the Agreement within ten (10) days of the date of Notice of Award, and further agrees that this Bid may or may not be withdrawn for a period of thirty (30) days after the date set for the opening thereof. A check payable to the City of Azusa and certified by a responsible bank, Cashier's check, or Bidder's Bond for an amount not less than ten percent (10%) of the aggregate of the Proposal is attached hereto and is given as a guarantee that in the event of the Bidder's failure to do so within the time provided, said check or bond, as the case may be, shall be forfeited to the City of Azusa, -or Surety's liability to the City of Azusa established. The undersigned has checked carefully all words and figures inserted in the Bid Schedule and understands that the City of Azusa will not be responsible for any errors or omissions on the part of the undersigned in making up his bid. The undersigned hereby certifies that this proposal is genuine and is no sham or collusive, or made in the interests of or in behalf of any person not herein named and that 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 to refrain from bidding and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned hereby certifies that he has received addenda number _ and that his bid includes the cost of all additional work specified thereon. The undersigned is licensed in accordance with the laws of the State of California If Corporation affix Corporate Seal BIDDER'S NAME AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE TYPE OF ORGANIZATION INDIVIDUAL, CO -PARTNERSHIP, OF CORPORATION ADDRESS TELEPHONE NO LICENSE NO. & CLASSIFICATION Note: In case of discrepancy between words and figures, the words shall prevail. P13 CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES Parties and Date. This agreement is made and entered into this 2 day of January, 2008, by and between the City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill Boulevard, Azusa, County of Los Angeles, State of California, (herein after referred to as "City') and Mariposa Horticultural Enterprises, Inc., located at 15529 Arrow Highway, Irwindale, CA 91706(hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "party" and collectively as parties in this Agreement. 2. Recitals. WHEREAS, City desires to engage Contractor to render certain Landscape & Irrigation maintenance services as set forth herein in connection with the City -Wide Median Island, Public Facility and Right -of -Way's project ("Project"); and WHEREAS, the principal member Contractors who possess any necessary lir experienced in providing such services, and Project; of Contractor are Landscape & Irrigation enses to perform the desired services, are are familiar with the plans of the City for the NOW, THEREFORE, the parties hereto agree as follows: 3. Terms. SECTION I SERVICES OF THE CONTRACTOR General Description of Services. Contractor promises and agrees to furnish to Owner all labor, material, tools, equipment, services, incidental and customary work necessary to fully and adequately supply the Landscape & Irrigation Maintenance services necessary for the Project ("Services"). The services are ore particularly described in "Special Provisions" attached hereto attached as Exhibit A, and made a part hereof. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 2. Term. The term of this agreement shall be for three (3) years, to June 30, 2015, inclusive, any may be extended an additional two (2) years upon approval from the City, unless earlier terminated as provided for herein to extended by written agreement of the parties. C1 SECTION I RESPONSIBILITIES OF CONTRACTOR 1. - Control and Payment of Subordinates. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and Contractor is not an employee of the City. The personnel performing the services under this Agreement on behalf of Contractor and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law, and shall be responsible for all reports and obligations respecting them, including but not limited to Social Security taxes, income tax withholding, unemployment insurance, disability insurance and Worker's Compensation insurance. Contractor retains the right to perform similar or different services for others during the term of this Agreement. 2. Schedule of Services. Contractor shall perform the Services agreed upon with expeditiously, within the term of this Agreement, and in accordance with a Schedule of Services set forth and attached hereto and incorporated herein by reference. Contractor represents that it has the personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3. Conformance to Applicable Requirements. shall conform to applicable City, County, State and and shall be subject to approval of the project m. shall defend, indemnify and hold City, its officials, and harmless, pursuant to the indemnification pro claim or liability arising out of any failure or alleg rules and regulations. All work prepared by Contractor Federal laws, rules and regulations, nager and city council. Contractor )fficers, employees and agents free fisions of this Agreement, from any d failure to comply with such laws, 4. City Project Manager. Contractor shall work closely and cooperate fully with City's designated project manager ("City's Project Manager'), and other agencies which may have jurisdiction or interest in the Services to be performed. The City's Project Manager, or his or her designee, shall be the principal officer of the City for liaison, and shall review and give his approval to the details of the Services as they progress. City appoints Roy Chavez, Recreation Superintendent — Park Operations,'as the City's Project Manager, but reserves the right to appoint another person as the City's Project Manager upon written notice to Contractor.. Contractor shall not accept direction or orders from any person other than the City's Project Manager or his or her designee. 5. Contractor's Project Representative. The Contractor shall assign to the Project a competent project representative who shall coordinate all phases of the Services (Contractor's Representative"). The Contractor's Representative shall be approved by the City in writing, and shall be available to the City at all reasonable times. Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention. C2 6. Indemnification. Contractor shall defend, indemnify and hold harmless city, and its elected officials, officers, employees and agents from and against all claims, demands, causes of actions, costs, expenses, losses, injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising out of or in connection with any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and.expenses. Contractor shall defend, at Contractor's own cost, expense`and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, it elected officials, officers, employees and agents volunteers. Contractor shall pay and satisfy any judgment, award or decree that maybe rendered against City or it's elected officials, officers, employees or agents in any such suit, action or other legal proceeding. Contractor shall reimburse City and its elected officials, officers, employees and/or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City or it elected officials, officers, employees or agents. Notwithstanding the foregoing, this indemnity provision shall not apply to any injuries to persons or property which result from the sole negligence of the City. 7. Standard of Care: Licenses. The contractor shall perform the services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. The Contractor shall be responsible to City for any errors or omissions in its execution of this Agreement. Contractor represents and warrants to City that it, its employees and subcontractors have all licenses, permits qualifications, and approvals of whatever nature that are legally required to practice its profession and to perform the Services. Contractor further represents and warrants that all such licenses, permits, qualifications and other approvals shall be maintained during the term of this Agreement. Any employee or other consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall be re-employed to perform any of the Services or to work on the Project. 8. Insurance. Contractor shall obtain, at its own cost, a policy or policies of liability insurance of the type and in the amounts described below and satisfactory to the City Attorney. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which in its own judgment may be necessary for its proper protection in the prosecution of the work. The Contractor's insurance coverage shall be primary insurance with respect to the City, its elected officials, officers, employees and agents. A. Types and Amounts of Coverage. Prior to the commencement of any C3 Services hereunder, Contractor shall provide certificates of insurance with original endorsements, and copies of policies if requested, of the following insurance: 1. Workers' Compensation and Employee Liability: Workers' compensation limits as required by the labor Code of the State of California. Employees Liability limits covering all employees and principals in the amount of $1,000,000 per accident for bodily injury or disease. 2. Commercial General Liability: Commercial General Liability Insurance covering third party liability risk, including contractual liability, in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with general aggregate limit is used, either the general aggregate shall apply separately to this project of the general aggregate limit shall be twice the occurrence limit. 3. Commercial Automobile Liability: Commercial Auto Liability and Property Insurance covering any owned and rented vehicle of Contractor in a minimum amount of $1,000,000 combined single limit per accident for bodily injury and property damage. R Necessary Provisions or Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: 1. Workers' Compensation and Employers Liability: The insurer shall agree to waive all rights of subrogation against the City, its elected officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from works performed by the Contractor. 2. Commercial General Liability: The general liability policy shall be endorsed to state that: (a) the City, its elected officials, officers, employees, and agents shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including material, parts or equipment furnished in connection with such work; and (b) the insurance coverage shall be primary insurance as respects the City, its elected officials, officers, employees and agents, of if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance of self-insurance maintain by the City or its elected officials, officers, employees and agents shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 3. Commercial Automobile Liability: The automobile liability policy shall be endorsed to state that: (a) the City, its elected officials, officers, employees, and agents shall be covered as additional insured with respect to the ownership, operation maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (b) the insurance coverage shall be primary insurance as respects the City, its elected officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its elected officials, officers, employees or agents shall be C4 excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 4. All Coverage: Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior notice has been given in writing to City. C. Notice. Contractor shall give to City prompt and timely notice of claim made or suit instituted arising out of Contractor's operations hereunder. D. Subcontractors. Contractor shall include subcontracting Contractors, if any, as insured under its policies, or shall furnish separate certificates and endorsements for each subcontractor, but only with respect to operations of such subcontractors relating to this Agreement. All coverage for such subcontractors shall be subject to the requirements stated herein. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:III, license to do business in California, and satisfactory to the City. F. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any Services commence. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3. Bond Requirements. A. Payment Bond: Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in an amount required by the City and in a form provided or approved by the City. No payment shall be made to Contractor until the bond has been received and approved by the City. B. Performance Bond: Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in an amount required by the City and in a form provided or approved by the City. No payment shall be made to Contractor until the bond has been received and approved by the City. C. Bond Provision: Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bond required by this Section are accepted by the City. To the extent, if C5 any, that the Total Contract Price is increased n accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If Contractor fails to furnish any required bond, the City may terminate the Agreement for cause. D. Surety Qualifications: Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less that A:VIII and satisfactory to the City. SECTION it FEES AND PAYMENTS 1. Compensation. Except as provided in this section, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, at the rates set forth in the Contractor's Landscape Maintenance Proposal, incorporated herein by this reference. The total compensation shall not exceed per year (12 month period) annual ($130.428.00) without written approval of City's Managers. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 2. Extra Work. Contractor shall receive compensation for extra work authorized by City in an amount as specified by the parties at the time such authorization is given. All extra work must be authorized in writing by the City's Project Manager, and Contractor shall not be entitled to extra compensatlbn without such authorization. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized by City. 4. Payment of Compensation. Contractor shall provide a monthly itemized statement which indicates the progress of the Services and the hours or percentage of the Services completed through the date of the statement. City shall make payments to Contractor within 30 days of receiving said statement or in such percentage as City determines has been adequately completed. 5. Prevailing Wage. Contractor is aware of the requirements of California Labor Code Section 1770 at seg which requires the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a "public works contract" pursuant to the California Labor Code and if the Total Contract Price is C6 $1,000 or more, the Contractor agrees to pay such prevailing rates to each workman needed to execute the Work and further agree to comply with the penalty provisions of Section 1775 of the California Labor Code in the event of its failure to pay prevailing rates. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with these provisions of the California Labor Code. SECTION III ACCOUNTING RECORDS 1. Contractor shall maintain complete and accurate records with respect to costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. SECTION IV GENERAL PROVISIONS Termination of Agreement. A. Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In the event of termination without cause, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. B. Additional Services. In the event this Agreement is terminated in whole or in part as provided in paragraph A of this section, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. C. Effect of Termination. If this Agreement is terminated as provided in paragraph A of this section, City may require Contractor to provide all finished or unfinished Documents and Data, as defined in this Agreement, as well as any other information of any kind prepared by Contractor in Connection with the performance of its Service under this Agreement, Contractor shall be required to provide such document and other information within fifteen (15) days of request. 2. Delivery of Notices. All notices permitted or required under this C7 Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City: City of Azusa Attention: City Clerk 213 East Foothill Blvd, Azusa, CA 91702-1295 Contractor: Such notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. 3. Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 4. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understanding or agreements. This Agreement may only be modified by a writing, signed by both parties. 5. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 6. Time of Essence. Time is of the essence for each and every provision of this Agreement. 7. Non-discrimination by Contractor. Contractor represents and agrees that it does not and will not discriminate against any subcontractor, consultant, employee or applicant for employment because of race, religion, marital status, sex, national origin, any other classification protected under state or federal law, or with regard to qualified persons with disabilities. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8. City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 9. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. C8 10. Cooperation: further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 11. Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. ` 12. Construction: References: Captions. Since the parties or their agents have participated full in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. 13. Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 14. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 15. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 16. Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal., or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 17. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party. 18. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. SECTION V SUBCONTRACTING Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. C9 SECTION VI CONFLICTS OF INTEREST 1. C. No matter, officer, or employee of City, or its designees or agent, during his tenure or one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 2. Contractor. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely or Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award of making of this Agreement, for breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. IN WITNESS WHEREOF, said parties have executed the Agreement on the date first hereinabove written. CITY OF AZUSA By: _ Attest: By: _ James Makshanoff City Manager City Clerk Approved as to Form: M Best Best & Krieger LLP City Attorney By: Attest: By: Title: C10 EXHIBITS CONTRACT EXHIBIT "A" SPECIAL PROVISIONS IRRIGATION MAINTENANCE — PROJECT NO. PK 12-15 The Contractor shall be responsible for maintaining all automatic and non -automatic sprinkler system as outlined in the bid proposal and as indicated on the map enclosed and made a part of the following specifications. 1. WATER MANAGEMENT: a. All landscaped areas shall be irrigated as required to maintain optimum growth and appearance. b. Contractor shall conform with the City of Azusa's Water Drought Ordinance, Division 6. conservation Plan, Section 78-501 through 78-506 of the Azusa Municipal Code, WHICH IS INCORPORATED HEREIN BY REFERANCE. C. City reserves the right to instruct Contractor to turn off any or all controllers upon notification. Contractor may submit an invoice to the City for labor cost to turn systems on and off. d. The automatic irrigation system controllers shall be set to water during the hours of 9:00 p.m. and 7:00 a.m. e. The automatic irrigation system shall be time set-to prevent water run-off on road surfaces and sidewalks. Interval watering schedules may be required. f. Contractor shall make adjustments to sprinkler heads as required to keep over spray from sprinklers away from walls, walks and streets. g. Contractor shall submit the name(s) and position of employee who the City shall contact for inquiries relating to the aforementioned. h. Contractor shall submit the pager number or cellular phone number of the employee relating to the aforementioned. Bi -weekly inspections of the irrigation system shall consist of manually activating a quarter of the contract locations every other week. 2. IRRIGATION REPAIRS: a. Contractor shall be responsible for cleaning, repairs, adjustments, and replacement of all sprinkler system components required to insure operation of each sprinkler system according to original design and installation intent. b. The Contractor shall be responsible for replacement of plastic pipe (Schedule 40, Type I, Grade 2), plastic pipe fittings (Schedule 40) except nipples which shall be Schedule 80. CA -1 C. The City's irrigation system varies by brand names and manufacturers. Replacement of sprinkler shall be replaced with same brand removed, unless approval is given to replace with a higher quality replacement. d. Expert knowledge on automatic systems by both 120V and battery, drip system, backflow certification and trouble shooting by Contractor will have bearing on the most responsible bidder. Certificates, training and degrees may be requested by City from Contractor. e. : Contractor shall submit the name and position along with the pager number or cellular phone number of employee who the City shall contact for inquires and emergencies relating to irrigation repairs. f. Contractor shall provide four (4) hour response time to irrigation repairs Monday through Friday from the hours of 6:30 a.m. to 5:00 p.m. 3. IRRIGATION REPAIR INVOICING & REIMBURSEMENT: a. Contractor shall be responsible for furnishing the risers and sprinklers that require replacement without compensation from the City. b. Contractor shall submit a monthly list of sprinklers replaced and areas where replacement took place. Monthly submittals shall also include type of sprinkler, cost of sprinkler (by Contractor with 15% sur -charge) and labor cost. Based on information received, the City may consider compensation of replacement in year two (2) of contract. C. The City shall reimburse the Contractor for replacement of all other irrigation components i.e. gate valves, control valves, valve boxes, quick couplers, backflow devices, anti -vandal cages, controllers and batter replacements. d. Contractor is required and responsible for the ordering and purchasing of irrigation parts. A monthly invoice shall be submitted to the City for reimbursement. e. Contractor shall submit a separate invoice from that of landscape maintenance for irrigation repairs (labor and parts). Invoice shall include date of repairs, area of work performed, itemized part replacement and cost of parts. f. Contractor shall submit copy of invoice if repairs to irrigation components were performed by outside vendor (other than City or Contractor), for reimbursement. g. Contractor shall submit on bid summary the hourly rate for irrigation repairs. h. Contractor may include a 15% sur -charge on irrigation parts to invoice and a 10% sur -charge on labor for irrigation repairs. Contractor shall provide a qualified irrigation technician to perform all maintenance and repairs to irrigation systems. CA -2 4. MISCELLANEOUS IRRIGATION REPAIR REQUIREMENTS: a. Contractor shall have all holes covered in a safe manner at all times while unattended. b. City reserves the right to solicit irrigation repair and authorize repairs. ` C. Contractor shall furnish all barricades and or delineation surrounding or related to repair areas. d. Contractor shall be required to place grass seed over backfilled area of repair site. 5. MISC: a. Contractor shall be responsible for furnishing employees with uniform shirts, to include name of employee and company name. b. All contract employees shall wear orange vest or shirts within right-of-ways. C. Tank tops or vest without shirt is not permissible. d. Contractor shall have the company name with phone number on trucks. e. Contractor shall place a visible placard on trucks to indicate "Under Contract with City of Azusa". f. All equipment shall be free of graffiti at all times. 6. INSPECTIONS: a. Contractor shall accompany City personnel on monthly landscape and irrigation inspections. b. Inspection shall be recorded on the City provided "Landscape & Irrigation Maintenance Inspection Report" form. C. Satisfactory findings on the above noted form, shall have bearing on performance regarding City approved C.P.I. LANDSCAPE MAINTENANCE The Contractor shall be responsible for the maintaining the landscape areas as outlined in the bid proposal and as indicated on the map enclosed and made a part of these specifications. CA -3 1. WORK INCLUDED. a. Weekly policing and disposal of litter and plant debris from all landscape area to include parking lots and cobble areas. b. Weekly mowing, edging, weeding and shrub trimming. c. Yearly renovating, scalping, over -seeding, topdressing and fertilization of front area of City Hall and side panels. d. Weekly sweeping or blowing of all hardscape areas to include concrete, asphalt, trails, walkways and cobblestones. e. Weekly raking and soil cultivating within planter areas. f. Tree trimming, tree removal, tree planting and staking maintenance as required or directed by the City. g. Monthly inspections of landscape and irrigation maintenance as per City specifications. h. Fertilization, weed control and pesticide spraying. i. Environmental regulations and issues. j. Planting shrub and flowers according to season. k. Vehicle, equipment and personnel appearance. I. Customer service and public contact. 2. MOWING: a. Mowing shall be accomplished with a power -driven rotary or reel mower with a grass catcher attached to remove grass clippings. b. Mowing shall be accomplished in alternating pattern of directions every other mowing. City recommends north and south, then diagonal (45 degrees) to east/west, then east to west and diagonal (45 degrees) to north/south. c. Turf shall be mowed to the minimum height of 2.0" or higher during fall and winter months. No lower that 1.0" during late spring and summer months. d. Turf shall be mowed at such intervals of time so that not more that 1/3 o the grass blade is removed at time of cutting. Mowing shall consist of no less than once per week. CA -4 All mowing equipment shall be maintained mechanically and safety features shall be in operation condition. The City may require Contractor to cease mowing operation should the City feel that mowing equipment is unsafe or excess smoke is environmentally harmful. 3. EDGING: a. Edging shall be performed concurrently with every mowing. The sprinkler head wells shall be kept free of grass to a minimum of six (6) inches in all directions from the sprinkler head. This shall be performed by mechanical methods only. c. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. 4. HARDSCAPES: All hardscaping areas i.e. deco -concrete, asphalt, walkways and cobblestone area shall be blown clean once per week in conjunction with mowing and edging. b. Debris from blowing shall be gathered and disposed of in a proper manner. c. Policing, litter, debris, trash and / or dumping shall consist of object(s) not associated with irrigation system or attached vegetation growing from the earth. d. Contractor shall include cleaning of discarded or illegal dumping within City owned trash enclosures. 5. PLANTERS AND BEDDING AREAS: a. All planters and flowerbeds are to be weeded on a weekly basis b. All planters and flowerbeds are to have soil cultivated no less than one (10 inch in depth on a weekly basis. c. All shrubs (hedges) shall be consistently trimmed to maintain existing shape. d. Vines or traveling plants shall be trimmed to a confined growth and from expanding into unwanted areas. For example, fig ivy from growing onto wood fascia boards or windows. e. All trimmings shall be raked and disposed of in a proper manner. CA -5 6. PLANTING: a. Contractor shall be responsible for planting all plants, shrubs, flowers and trees within contract areas. b. Contractor shall be reimbursed for material and labor. c. City shall notify Contractor as to planting species or approve recommendation by Contractor. ted. Contractor shall submit a monthly invoice for reimbursement to include, copy of invoices for material, labor cost, area and date of work performed. e. Contractor may be responsible for purchasing and/or ordering all materials. Contractor may submit a 15% surcharge for material only if the Contractor purchases material and 10% surcharge for labor. f. Contractor shall include a rate for planting plants, shrubs and flowers separate from the cost of any plant material. g. Contractor shall be responsible for plant replacement within one (1) year of planting. 7. TREES: a. Contractor shall have the knowledge, expertise and responsibility to trim, remove and plant trees within contract areas. b. Contractor shall trim all trees within contract area that are within 15' in height and 6" in diameter at DBH (diameter of breast height), once per year without compensation. c. All trees over the aforementioned specifications shall be trimmed upon City request. d. Contractor shall submit within bid summary an hourly rate for a two (2) man crew with boom / aerial truck and chipper. e. Contractor may dispose of green waste at a City disposal site. f. Contractor shall indicate tree sub -contractor by name, address, phone number, license and references. g. All roadway delineation shall be furnished by Contractor. Roadway delineation shall comply with the Caltrans standards. h. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING STAKED TREES WITHOUT ADDITIONAL COMPENSATION. CA -6 8. FERTILIZATION: r a. Contractor shall be responsible for fertilizing all turf within contract area every FEBRUARY, JUNE AND OCTOBER, by granular or chemical spray. b. Contractor shall possess a valid Applicator's Certificate and have on file with the City. c. Contractor shall indicate chemical spraying sub -contractor by name, address and phone number. d. Fertilization shall be: February — 100% slow release 39-0-0 formula, June — 100% slow release, 39-0-0 formula and October — triple, 15-15-15 formula. e. Fertilization shall consist of pest and broadleaf control, as deemed necessary by the City. f. Ground cover areas shall be fertilized the first week of April and the first week of September with a palletized 12-12-6 formula containing no less than 18% sulfur. g. Shrub fertilization shall be applied the first weeks of April and September with a .palletized 15-15-15 formula fertilizer. 9. PESTICIDE APPLICATION: a. The Contractor„ or member of his Staff, must possess a current California Pest Control License or an Applicator Certificate. A copy of which shall,be-on file with the City. b. Flowerbeds and shrub areas shall be treated by solid materials to prevent pest, i.e. snails, slugs, etc. at any time during the contract period as deemed necessary by the City without compensation. c. Turf areas shall be treated with an granular or liquid type herbicide to control weeds i.e. clover, plantain, etc. and .shall be applied when fertilization is being applied as part of the program without further compensation. Any added herbicide application as deemed necessary by the City over and above the three (3) application shall be compensated to the Contractor by the City. 10. PEST CONTROL: a. Apply all pesticides to control pests. Pests shall include but are not limited to, insects, diseases, vertebrates, snails and slugs. 11. ANNUAL FLOWER PLANTING: a. City, may direct Contractor to remove and replant annual flowers within designated areas. Planting may consist 2-3 times per year. CA -7 b. Annual flowers shall be purchased by the City from a designated vendor. c. City shall be responsible for paying invoice from designated vendor and planting by Contractor shall be compensated at Contractor's submitted hourly labor cost. Contractor may submit 10% labor cost surcharge. Contractor shall be responsible for making sure that all annual planting is done correctly so that plants take hold. Any replacement of plant that are lost due to improper planting or not taken care of properly shall be replaced at Contractor's expense. 12. RENOVATION OF TURF AREA: a. Turf areas in. front and the side of City Hall Complex shall be scalped or de - thatch, over -seeded, fertilized and top -dressed at least once a year. This shall occur starting on the third week of October and shall be over -seeded with a mix of annual and perennial rye seed and in the last week of February or the first of March, front area shall be over -seeded with an improved Bermuda grass seed brands or type to be determined by the City). b. All other turf area within the contract shall be over -seeded with fescue type grass seed (City to determine type and brand). 13. ENVIRONMENTAL CONCERNS: a. Gas power equipment shall comply with the Air Resource Board approved amendment on July 28, 1994, regulated in Title 13, California Code of Regulations, Section 2400 to 2407, Exhibit B. Contractor shall submit an inventory list of all equipment to be used within City of Azusa landscape and irrigation maintenance contract. c. Equipment shall be maintained to prevent excess smoke into the air. 14. PLAYGROUNDS: a. Shall visually inspect playground surfaces (engineered wood fiber) area for sharp or foreign objects and litter or debris; remove as needed on service day. b. Shall visually inspect playground structure for hazards, sharp edges, loose or missing caps or plugs. c. Must visually inspect engineered wood fiber materials for displacement under heavily used areas such as under swings or at slide exists. Must rake engineered wood fiber material back into place on ever service day. d. Must replenish engineered wood fiber as needed to maintain proper levels. Replacement order of engineered wood fiber must rest to and comply with ASTM F1292 and accompany a certificate of compliance. CA -8 15. MISC: a. Contractor shall be responsible for furnishing employees with uniform shirts, to include name of employee and company name. b. All contract employees shall wear orange vests or shirts within right-of-ways. c. Tank tops or vests without shirt are not permissible. d. Contractor shall have the company name with phone number on truck e. Contractor shall place a visible placard on trucks to indicate "Under Contract with City of Azusa". f. All equipment shall be free of graffiti at all times. 16. ANNUAL PAYMENT INCREASES: a. After evaluation, review, and negotiation, the City may compensate the Contractor with an annual contract price increase based on the February Consumer Price Index (C.P.I.) for the Los Angeles, Long Beach area. This is not an automatic increase. It must be approved and warranted. b. Increase in annual compensation shall be based upon quality of workmanship and performance. 17. INSPECTIONS: a. Contractor shall accompany City personnel on monthly landscape and irrigation inspections. b. Inspections shall be recorded on the City provided "Landscape & Irrigation Maintenance Inspection Report" form. c. Satisfactory findings on the above noted form, shall have bearing on performance regarding City approved C.P.I. 18. PREVAILING WAGES: a. Contractor shall be responsible for submittal of prevailing wage documentation upon request by the City. 19. BICYCLE TRAILS/ASPHALT WALKWAYS: a. Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at the Contractor's expense. Equestrian trails shall be kept free of encroaching vegetation. Erosion repair and smoothing/grading of equestrian trail shall be performed as often as needed to maintain a safe trail. 20. CONTRACT ADDITIONS: a. City reserves the right to solicit and award proposals for additional contract areas. New additional areas are not a guarantee to the Contractor. b. Irrigation repairs or extras beyond the specifications are subject to alternate quotations. CA -9 SPECIAL CONDITIONS: General Maintenance Information The landscape design for the San Gabriel Canyon Blvd medians provided a number of challenges to the architect landscape contractor and plant supplier. The plant palette was selected to provide the maximum amount of color and lushness using low maintenance California native plant material. The project was broken into two main sections: the 'wet species' medians and garden, the 'dry species' medians and garden. The wet medians were planted with species that -would be more tolerant of wetter 'conditions and would be more forgiving if irrigation or other mistakes were made. The dry medians consist of species that are extremely drought tolerant but require special care, especially related to irrigation in order to thrive. Each of the species described in the species by species description requires minimal care, however, if regular (2 x per month) maintenance is conducted, the bloom times of many species will be extended and the overall landscape will have a more 'well kept' look through the year. Irrigation Although many of the species listed below are considered drought tolerant, all will require a period of establishment of approximately one year. During this period, the plant material should be irrigated on a schedule more typical to many traditional landscapes. The wet medians will establish more quickly than the dry medians. They will also require more water throughout their life, whereas the dry medians will have their irrigation slowly reduced after the first year. Irrigation should be broken into two categories: warm season (May -October) and cool season (November -April). All irrigation should be regularly monitored and checked for improperly positioned or inoperable sprinklers. Generally, the areas can be watered on a regular schedule during the warm season with period adjustments due to abnormal weather patterns. Cool season watering is a little more difficult. In order to maximize water conservation, the areas should be monitored frequently and adjusted as necessary in relation to the weather patterns. It is usually best to set the timers with 'safe' schedules to cover unexpected periods of heat during the cool season. Wet Medians. During the warm season, the wet medians should be watered approximately 2-3 times per week thoroughly and completely. To determine the exact duration of the watering time, a soil probe should be used in a variety of locations to confirm that full percolation occurs at the scheduled duration. During extreme periods of heat, a periodic additional irrigation day may be necessary. This schedule will be the same throughout the life of the project. During the cool season, the areas will likely not be watered more than once a week. During periods of rain, the timers should be turned off until the areas dry out well. CA -10 Dry Medians. During the warm season .or the first year, the dry medians should be watered approximately 1-2 times per week thoroughly and completely. To determine the exact duration of the watering time, a soil probe should be used in a variety of locations to confirm that full percolation occurs at the scheduled duration. During extreme periods of heat, the irrigation cycles should not be increase. Such increases may damage or kill the existing, established plant material. During the second year, the irrigation should be reduced to 1 time per week. This schedule will likely be the same throughout the life of the project. During the cool season, the areas will likely not be watered more than once every one to two weeks. During periods of rain, the timers should be turned off until the areas dry out well. General Maintenance Each of the plants listed below has been selected to grow in natural forms without the need for regular sheering or hedging. In fact, sheering or hedging the plant material used on this project will significantly reduce the aesthetic beauty of the design. All pruning should be done using hand pruners or by hand pinching. Review the species by species discussion below for more detailed information. Weed Eradication Weed prevention and eradication will likely be the largest maintenance issue in this landscape. Traditional weed prevention and removal techniques can be used without harming the native plant material. Preemergent herbicide can be applied in the fall to coincide with the first rains. Use of preemergent herbicide will significantly reduce the work load generated from germinated weeds through the spring and summer months. Germinated weeds can be controlled through physical or chemical methods without harming the native plant material. Palm seedlings should be physically removed at the Earliest stage possible. There is no good chemical control for weedy palm seedlings. Fertilization Fertilization of the plant material is not necessary. However, some of the material may benefit from a light application of time -released fertilizer in the late winter to early spring. CA -11 Perennials Taxonomic Name Height/Widt Flower Bloom Uses h Color Time - chillea millefolium'Paprika' 18-30"H x 12- Red w/Yellow Spring Green fern like foliage, large flower clusters 18"W Center attracts hummingbirds and butterflies, most with bloom effective in larg a plantings, long bloom time, uncus patens 1-2'H x Brown Spring/ Summer easy to grow and maintain quilegia Formosa 12" x 12" with Scarlet with some Spring Excellent native columbine with very delicate flowers to 3' yellow scarlet flowers. Grows naturally along Leymus condensatus'Canyon Prince' - -N/A N/A streams and in alpine areas. A hummingbird - 2-3'W favorite. Will go dormant i the winter is uhlenbergia rigens - 1-2'H x Tan Summer exceptionally cold. Erigeron glaucus'Wayne Roderick' 12-18"H x 1- Purple w/Yellow Spring through Green foliage w/clumping habit with aster 2'W Center Fall shaped flowers, can be used along borders/walkways/curbs, attracts hummingbirds and butterflies, easy to grow and maintain Lobelia dunnii 34H x 3- Light Blue Spring/ Summer One of two native Lobelias. Grows along the 4'W San Gabriel River, west fork. Fast growing perennial. Spreads underground. Winter dormant. Mimulus cardinalis 12-18"H x 12- Orange/Red Spring/ San Gabriel Valley native that grows along 18"W Summer/Fall watercourses. Will bloom through much of the year with water and cut backs of dead flowers. A hummingbird favorite. Will reseed. imulus guttatus 6"H x 6'VV, to Yellow Spring/ Summer San Gabriel Valley native that grows along 2' w/ flowers watercourses. Will bloom through much of the year with water and periodic cut back. Reseeds vigorously. Penstemon h. 'Margarita Bop' 12-18"H x 12- Purple Spring through Beautiful, colorful low growing native that can 18"W Fall take regular water. Will bloom for much of the year if the dead flowers are pinched back. auschneria californica 'Catalina' 10-12"H x 2- Orange/Red Summer/Fall Fuzzy silver foliage, profuse blooms in the 4'W summer and fall, best in large plantings and for color contrast, a hummingbird favorite, - easy to grow and maintain auschneria cans 10-12"H x 2- Orange/Red Summer/Fall Small green delicate foliage. Profuse 4'W bloomer when many other natives are summer dormant. Favorite of hummingbirds Succulents Taxonomic Name HeightfWidth Flower Bloom Uses Color Time Yucca whipplei parishii 2-3'H x 2- White June/July Strap like silver foliage adds color and contrast' 3'W, to 10' + throughout the year, easy to grow and maintain with bloom and maintain Grasses and Grass -like Specie Taxonomic Name Height(Width Flower. Bloom Uses Color Time Carex tumulicola 12-18"H x 12- Brown Spring/ Summer Dark green evergreen foliage, can be used 18"W along borders/walkways/curbs, easy to grow and maintain uncus patens 1-2'H x Brown Spring/ Summer Bluish/gray foliage, great for contrast and 2-3'W upright growth habit, very easy to grow and maintain Leymus condensatus'Canyon Prince' 2-3'H x -N/A N/A Strap like silver foliage adds color and contrast 2-3'W throughout the year, easy to grow and maintain uhlenbergia rigens - 1-2'H x Tan Summer Green foliage with clumping habit, can be used 1-2'W in almost any landscape situation- great for meadow effect/to soften landscape/add a lush feeling, very easy to qrow and maintain CA -13 Trees axonomic Name HeightfWidt Flower Bloom Uses In Color Time Cards occidentalis 6-15'H x Magenta Late Winter! Winter dormant, great small tree that 10-151W Spring performs well as a street tree/ with oaks, slow growing, low maintenance Chilopsis linearis'Burgundy', std. 15-20'H x 10- Pinkish/ Spring/ Summer Winter Dormant, Perfuse blooms in through 151W Lavender the spring and summer. Attracts hummingbirds and butterflies, easy to grow hilopsis linearis, std. 15-20'H x 10- Burgundy Spring/ Summer Winter Dormant, perfuse blooms in through ` 15'W the spring and summer. Attracts hummin birds and butterflies, easy to grow hitalpa I. 'Pink Dawn' 15-20'H x 10- Pink Spring/ Summer Winter Dormant, perfuse blooms in through 151W the spring and summer. Attracts hummingbirds and butterflies, easy to grow. Much larger leaves and flowers than the Chilo sis. Heteromeles arbutifolia 15-20'H x 15- White June/July, Large shrub that dominates the native 20'W berries in Southern California landscape. Best known Nov/Dec for its attractive red berries that remain on the bush around Christmas. Gives the plant one of its common names of Christmas holly or berry. In this use, the bush would be trained into a small multi -branched shrub Quercus agrifolia 20-40'H x Inc. N/A Large specimen tree, provides food for 35-50+'W wildlife, tolerates drought/heat, looks great in groups with under story plantings, moderate maintenance — removing dead branches/acorns if desired Quercus engelmannii ZO-AUH —x35- Inc. N/A Large specimen tree, provides food for 50'W wildlife, tolerates drought/heat, looks great in groups with under story plantings, moderate maintenance — removing dead branches/acorns if desired. Interesting blue/green contrasting foliage CA -14 Species by Species Discussion Including Maintenance Recommendations Shrubs and Groundcovers Arctostaphylos e. 'Carmel Sur' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. In the first few years, the plant may benefit from very selective pruning to encourage more bushy growth. Potential Pests: None Other Comments: Can be sensitive to overwatering or inundated conditions. Susceptible to root borne fungus caused by this condition during the summer months. Arctostaphylos 'John Dourley' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. In the first few years, the plant may benefit from very selective pruning to encourage more bushy growth. Potential Pests: Possibly Manzanita gall but usually not prevalent on this hybrid. Other Comments: Is extremely sensitive to overwatering or inundated conditions. Suseptible to root borne fungus caused by this condition during the summer months. Mortality at any age should be expected if irrigation conditions are not correct. Arctostaphylos 'Pacific Mist Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. In the first few years, the plant may benefit from very selective pruning to encourage more bushy growth. Potential Pests: Possibly Manzanita gall but usually not prevalent on this hybrid. Other Comments: Can be sensitive to overwatering or inundated conditions. Susceptible to root borne fungus caused by this condition during the summer months. Baccharis p. 'Pigeon Point' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. May benefit from a hard pruning every 3-5 years to remove some of the internal wood from the shrubs and to promote new fresh growth. When 'hard pruning' it is critical that the pruning occur during the cool season and that leaves are left below the prune cuts. Potential Pests: May be susceptible to spider mites in exceptionally dusty conditions. Other Comments: Should not be pruned into a hedge or ball Ceanothus 'Joyce Coulter' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. May benefit from selective pruning in the first few years to promote tighter growth. This pruning should not be done during the summer months. The best time to prune is in the spring after blooming. Potential Pests: Aphids on new growth in spring. Ceanothus moth gall is improperly pruned or pruned during the wrong time of the year. , Other Comments: Should not be pruned into a hedge or ball. Should be pruned with CA -15 hand pruners. If watered properly, the Ceanothus may experience a leaf drop in the late spring to early summer. Some internal leaves of the plants may turn yellow and begin to drop. This is a natural pattern for this species and should not necessarily be interpreted as an irrigation problem. Specifically, the plants are adjusting for the upcoming hotter months by shedding some of their leaf mass to help reduce transpiration. Eriogonum fasc 'Bruce Dickinson' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance flee. May benefit from a hard pruning every 3-5 years to remove some of the internal wood.from the shrubs and to promote new fresh growth. When 'hard pruning' it is critical that the pruning occur during the cool season and that leaves are left below the prune cuts. Potential Pests: None Other Comments: Bruce is pretty well independent and likes to be left alone to explore. Galvezia juncea Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Requires a twice annual pruning to maintain form and promote blooming. This can be done manually or with sheers. Potential Pests: None Other Comments: None Heuchera 'Opal' and 'Wendy' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Dead flowers should be removed in late spring/early summer Potential Pests: Should be periodically checked for mealy bugs. But if they are being irrigated properly, they should not get infested Other Comments: None Lessingia f. 'Silver Carpet' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. May benefit from a hard pruning every 1-2 years to remove some of the internal wood from the shrubs and to promote new fresh growth. When 'hard pruning' it is critical that the pruning occur during the cool season and that leaves are left below the prune cuts. The prune cuts will look unsightly for a 2-3 week period. To lengthen the blooming period, spent flower should be removed. If they are removed, the plant will bloom for a good part of the year. Potential Pests: None. Other Comments: None Mahonia repens Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Potential Pests: None. Other Comments: None Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. In the first few years will benefit from selective hand pruning to promote bushiness. Potential Pests: None. Other Comments: Is extremely sensitive to overwatering or inundated conditions. Suseptible to root borne fungus caused by this condition during the summer months. Mortality at any age should be expected if irrigation conditions are not correct. Salvia clevelandii Member of: Dry Medians ` Specific Maintenance Requirements: Requires an annual pruning after bloom to promote blooming and fresh growth for the following year. This pruning should either be done immediately after bloom or in the early fall. It should not be done in the middle of the summer. Leaves should be left below the pruning cuts. Potential Pests: Aphids on new growth in spring. Other Comments: Can be sensitive to overwatering or inundated conditions. Susceptible to root borne fungus caused by this condition during the summer months. Salvia leucophylla 'Pt. Sal' Member of: Dry Medians Specific Maintenance Requirements: Requires an annual pruning after bloom to promote blooming and fresh growth for the following year. This pruning should either be done immediately after bloom or in the early fall. It should not be done in the middle of the summer. Leaves should be left below the pruning cuts. Also benefits from selective pruning in the first year to promote better form. Potential Pests: Aphids on new growth in spring. Other Comments: Can be sensitive to overwatering or inundated conditions. Suseptible to root borne fungus caused by this condition during the summer months. Salvia mellifera 'Terra Seca' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Benefits from selective pruning in the first year to promote better form. Potential Pests: Aphids on new growth in spring. Other Comments: Can be sensitive to overwatering or inundated conditions. Susceptible to root borne fungus caused by this condition during the summer months. Salvia 'Mrs. Beard' Member of: Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Benefits from selective pruning in the first year to promote better form. Potential Pests: Aphids on new growth in spring. Other Comments: Is extremely sensitive to overwatering or inundated conditions. Susceptible to root borne fungus caused by this condition during the summer months. Mortality at any age should be expected if irrigation conditions are not correct. CA -17 Verbena lilacina Member of: Wet Medians and some Dry Medians Specific Maintenance Requirements: Virtually maintenance free. Requires a twice annual pruning to maintain form and promote blooming. This can be done manually or with sheers. If they are spent flowers are removed throughout the year, the plant will bloom almost year round Potential Pests: None. Other Comments: None < Erigeron glaucus 'Wayne Roderick' Erigeron glaucus 'Wayne Roderick' is a prolifically blooming perennially that can bloom almost throughout the year when maintained properly. In order to promote blooming, dead flowers should be removed from the plant on a once to twice a month basis. Furthermore, on a once to twice a year basis, the plant should be cut back to the base to be allowed to re -sprout with new, fresh leaf material. Extreme care should be taken when cutting back the plant to the ground. Leaf material and emerging buds must be left below the pruning cuts or the plant may be killed .from shock. This hard pruning should only occur in the cooler months of the year. Potential Pests: Aphids in early spring. Juncus patens Juncus patens is a maintenance free upright, rigid, grass like plant. The plant should not be cut back or otherwise pruned. At times, brown leaf material may accumulate on the edges. These leaves can be removed by hand. If the Juncus clumps too large for the area planted, it can be split easily and successfully in the fall through early spring. Potential Pests: None Leymus c. 'Canyon Prince' Leymus 'Canyon Prince' is a grey leafed, fast growing clump grass that requires little to no maintenance. This grass should not be sheared or cut back. Rather, browning or otherwise discolored leaf material can be removed manually as needed. Potential Pests: None Muhlenbergia rigens Muhlenbergia is a fast growing bunch grass that blooms in the early to mid -summer. This grass is basically carefree but will require periodic manual removal of brown or discolored leaves. The grass should not be sheared or cut back to the ground. Potential Pests: None Penstemon h. 'Margarita Bop' Penstemon h. 'Margarita Bop' is a prolifically blooming perennial that can bloom for long periods of the year when maintained properly. In order to promote blooming, dead flowers should be removed from the plant on an every two-week basis beginning in early spring. If the dead flowers are properly removed, the plants will bloom through the fall. In the fall, the remainder of the dead flowers should be removed and the plants should be pruned to their natural, non -blooming form. Care should be taken when pruning the plants in the fall. If the pruning cuts are too hard, the plants may not recover the following spring. Potential Pests: Aphids in early spring. CA -18 Zauschneria c. `Catalina' Zauchneria c. 'Catalina' is a very fast growing, late summer blooming perennial. Zauchneria will require an annual hard pruning in the early winter. This pruning will promote new vigorous growth the following year. Otherwise, this species is basically carefree. Potential Pests: Aphids in early spring. CA -19 r . %m CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SAM GONZALEZ, CHIEF OF POLICE VIA: JAMES MAKSHANOFF/, CITY MANAGER DATE: APRIL 16, 2012 SUBJECT: EXPENDITURE PLAN —2008 REPROGRAMMING OF HOMELAND SECURITY GRANT RECOMMENDATION It is recommended that the City Council approve the purchase of radio equipment offered through the reimbursable State of California FY2008 Homeland Security Grant Program (SHSGP) BACKGROUND A Homeland Security grant was established by the State, in part, to provide for the purchase of specialized equipment to enhance event and incident management and strengthen the ability of Law Enforcement to disrupt, deter, respond to and recover from terrorist acts. Equipment approved for purchase under this grant includes: 12 Motorola Portable Radios and Support Equipment TOTAL: $ 58.596.05 The Motorola equipment will be purchased from Public Safety Technologies, Inc., (dba Communications Center) located at 719 Arrow Grand Circle, Covina; CA 91722. The purchase is based on the Master Purchase Agreement Pricing 2010-2012, contract #43070, dated 6/21/07, with pre -negotiated pricing between Los Angeles County and Motorola, Inc. N FISCAL IMPACT This is a reimbursement grant in the amount of $58,400 from the State of California Homeland Security Grant Program. The balance of $196.05 will be paid utilizing asset seizure funds from account #28 20 310 041-7140. The County of Los Angeles and the State of California, upon receipt of goods by the City of Azusa Police Department, will process reimbursement. Reimbursement is expected to take 90-120 days. PREPARED BY John Momot, Captain o , ISO 4 CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 40 FROM: JAMES W. MAKSHANOFIV CITY MANAGER DATE: APRIL 16, 2012 SUBJECT: NEW CLASSIFICATION, FINANCE DIRECTOR RECOMMENDATION That the City Council approve the new classification of Finance Director at an annual salary range of $139,360 to $160,014. BACKGROUND: With the retirement of the Administrative Services Director/Chief Financial Officer, it is my recommendation to consolidate the financial operations of the City under the classification of Finance Director. This will be an at -will position appointed by the City Manager. Concurrent with this change, I recommend the deletion of the classification of Administrative Services Director/Chief Financial Officer. The functions of Human Resources and Information Technology will thereby become independent. With approval by the City Council of the salary schedule and class specification attached to this staff report, the Human Resources Department will immediately begin the recruitment process for Finance Director. FISCAL IMPACT: The fiscal impact of the change will be an annual savings in compensation and benefits of approximately $18,000. Page 1 of 4 CITY OF AZUSA FINANCE DIRECTOR Under general direction of the City Manager, this contract, at will position; plans, manages, oversees, and directs the operations and services of the Finance Department. As Finance Director, directs the operations and services including budgeting, pufchasing, central stores, treasury, general accounting, auditing, cash management, debt management, long-term capital and financial planning, payroll processing, business license, and financial information systems. The position coordinates activities with other City officials, departments, outside agencies, organizations, and the public; provides responsible and complex staff support to the City Council and City Manager; performs other related duties as required. CLASS CHARACTERISTICS The Finance Director —is the executive management class which oversees all functions and operations of the Finance Department and is responsible for originating, carrying out, reviewing, interpreting, and coordinating policies in the administration and reporting of a diversified budget, debt management, long-term capital and financial planning, accounting, investment, billing, and financial information services operation for the City, and special districts. The incumbent is expected to exercise independent judgment and initiative in establishing efficient and effective departmental operations consistent with City Council and administrative policies as established by the City Manager for programs designed to address primary areas of City Service. The incumbent must also function as a member of the City's executive management team and participate actively in addressing issues of concern to the City, which at times may not have direct impact on their area of specialization. ESSENTIAL FUNCTIONS (include but are not limited to the following) • Accepts full responsibility for all Finance Department activities and services, including activities associated with citywide budgeting, treasury, general accounting, auditing, payroll processing, business licensing, grant administration, and citywide financial information systems; coordinates activities with other City officials; departments, special districts, outside organizations, and the public. • Monitors city compliance with various laws and regulations governing the administration of fiscal affairs. • Supervises the compilation of budget requests, preparation of preliminary and final budget documents, and various transactions required for budget control and administration; forecasts City revenues, expenditures and develops year -end - balances. • Plans, develops and implements departmental goals, objectives, policies, and procedures; reviews and evaluates work methods and procedures for improving organizational performance, enhancing services and meeting goals; ensures that goals are achieved. Page 2 of 4 • Directs and manages the purchase of supplies, materials and equipment for the City. • Oversees the selection, training and evaluation programs for all Finance operations; identifies staff deficiencies; reviews work of departmental personnel to ensure compliance with applicable federal, state and local laws, codes and regulations. • Directs and participates in all financial management and financial information system activities; assists with the management of the City's investment portfolio, administers debt financing and capital improvement programs and secures tax- exempt and other types of financing. Reviews, evaluates and recommends improvements to administrative and financial internal control systems and procedures; directs and participates in the preparation of specific studies, fiscal and budgetary analyses and projections. • Plans organize and develop the City's annual operating and capital improvement budgets. • Oversees revenue collection and licensing programs. • Oversees the preparation and administration of the Departmental budget for Finance, and oversees City-wide budget preparation. • Serves as a financial resource for departmental personnel, City staff, other organizations, and the public; coordinates pertinent information, resources and work teams necessary to support a positive and productive environment. • Serves as a member of the City's management team; provides information and recommendations regarding operations; assists with City decision-making. • Attends and participates in professional and community meetings; stays current on issues relative to the field of finance; responds to and resolves sensitive and complex community and organizational inquiries, issues and complaints; establishes and maintains a customer service orientation within the Departments. • Establishes positive working relationships with representatives of the community organizations, state/local agencies and associations, City management and staff, and the public. QUALIFICATIONS GUIDELINES Education and Experience Any combination of education and/or experience that provides the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include graduation from an accredited college or university with a degree in finance, business administration, public administration, or accounting, and five (5) years of progressively responsible administrative experience in municipal or county government, including at least three years in a supervisory capacity. Must possess a valid California Class C Driver's License. Certification as a Certified Public Accountant (CPA) is desirable. Page 3 of 4 Knowledge Skills and Abilities Extensive knowledge of governmental accounting and finance administration principals, systems, procedures, reports, and practices; management and organization theories, principals, practices, and methods; the laws and regulations which govern finance administration; treasury management and investment programs available for governmental funds; sources of revenue to fund City services and budgeting processes; knowledge of information technology systems as they relate til financial operations. Ability to communicate clearly and concisely, both orally and in writing; research and prepare complex reports on a variety of subjects; establish and maintain cooperative working relationships with coworkers, the community at large, the City Council, and other related contacts. Develop comprehensive plans to meet future City needs/services; plan and enforce a balanced budget; develop new policies impacting operations/procedures. Page 4 of 4 CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL /� FROM: TITO HAES, ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORKSW VIA: JAMES MAKSHANOF , LITY MANAGER DATE: APRIL 16, 2012 SUBJECT: CIP #66112F; TRAFFIC SIGNAL CONTROLLER UPGRADES, AWARD OF CONTRACT TO REPUBLIC ITS AND A BUDGET AMENDMENT IN THE AMOUNT OF $33,940. RECOMMENDATION It is recommended that the City Council award CIP 66112F, Traffic Signal Controller Upgrades to Republic ITS and a budget amendment in the amount of $33,940. BACKGROUND Over time, certain signalized intersections have had the traffic signal controller fail. The City's signal maintenance provider will install a spare traffic signal controller to keep the traffic signals operating. This project will purchase new controllers and have them installed at each of the impacted intersections. The intersections that require new controllers are: No. Location Rannira l 1 Foothill Boulevard and Alameda Avenue Controller replacement. 2 Fifth Street and Cerritos Avenue Controller replacement. 3 Citrus Avenue and University Avenue Controller replacement. 4 Sierra Madre Avenue and Lori Ann Avenue New Cabinet and Controller. The intersection of Sierra Madre and Lori Ann has an outdated controller cabinet that needs replacement and is included above. Furthermore, as a bid alternate, the intersection of Foothill Boulevard and Citrus Avenue will be included as a traffic signal modification. The proposed work will add a `right arrow' for the east bound traffic to southbound Citrus Avenue. A portion of the signal is within the City of Glendora boundary. The City of Glendora has reviewed and approved the plans and specifications for the project. The construction work will be coordinated with the City of Glendora. DISCUSSION The proposed project will replace rental controllers, replace an outdated and ineffective controller cabinet and provide a right arrow for traffic that frequently backs up on Foothill Boulevard at Citrus Avenue. Project components are: new traffic signal controllers, new traffic signal cabinet and a modified traffic signal that will reduce delays. Currently the City of Azusa is renting traffic signal controllers from the City's traffic signal maintenance provider at a monthly cost of $600 each per month. The city is renting 4 traffic signal controllers at this time. This project will save the City funds related to the rental of the signal equipment. The Bid Opening was conducted on April 5, 2012 at 10:00 am. Seven bids were received. Republic ITS was the low bidder with a total bid including the alternate of $85,400. Staff recommends that the City Council award the contract to Republic ITS for the Traffic Signal Controller Upgrades Project. Below are the bid results: No. Company Location Total Bid w/ Alternate Total Bid w/o Alternate 1 Republic ITS Anaheim, CA $85,400.00 $59,900.00 2 California Professional Engineering, Inc. La Puente, CA $93,300.00 $61,800.00 3 VT Electric, Inc, Upland, CA $93,526.00 $66,404.00 4 Steiny and Company, Inc. Baldwin Park, CA $94,493.00 $60,686.00 5 J.F.L. Electric, Inc. I Los Angeles, CA $95,413.50 $71,053.50 6 Freeway Electric Inc. Riverside, CA $107,250.00 $73,100.00 7 Flatiron Electric Group, Inc. Chino, CA $109,979.00 $76,729.00 FISCAL IMPACT Project is listed in the FY 11-12 CIP list as CIP #66112F, Traffic Signal Controller Upgrades. Project is budgeted at $60,000. Total funds required for the project is $93,940 which includes 10% for change orders. Due to the bids coming in higher than expected and including the additional intersection at Foothill Blvd. and Citrus Ave., staff is requesting a budget amendment to increase CIP 66112F by $33,940. Funds are available from Fund 3, Measure R; account number 03800006617130. If approved, a budget amendment will be processed to increase the proposed Fiscal Year 11-12 budget. -2- CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFAITY MANAGER DATE: APRIL 16, 2012 SUBJECT: CIP PROJECT 466112D & 66112E; PAVEMENT MANAGEMENT PROGRAM, AWARD OF CONTRACT TO ALL AMERICAN ASPHALT INC. RECOMMENDATION It is recommended that the City Council award the Pavement Management Project to All American Asphalt Inc. BACKGROUND The City of Azusa has an annual program of rehabilitating its network of city streets. The proposed work will address the streets that were completed early in the Pavement Management cycle to maintain the streets to prevent substantial deterioration. The Pavement Management Project includes type II slurry and the reconstruction of aged and deteriorating streets segments that did not get addressed in the last few years. The location of the proposed area for Type II slurry is depicted on the project location map which is attached for reference. The street chosen for this year's Pavement Management reconstruction is Cerritos Avenue from McKinley Avenue south to Arrow Highway. The upper portion of the roadway, from McKinley Avenue to Gladstone Street is substantially cracked, deteriorated and showing substantial wear, as the previous overlay is coming apart. This northerly portion of Cerritos Avenue will receive a three (3) inch coldmill and overlay. The remaining section of Cerritos Avenue from the intersection of Gladstone Street to Arrow Highway will be reconstructed. The Bid Opening was conducted on April 3, 2012 at 11:00 am. Seven bids were received. All American Asphalt Inc. was the low bidder with a bid of $980,000. Staff recommends that the City Council award the contract to All American Asphalt Inc. for the Pavement Management Project Below are the bid results: No. Company Location Total Bid 1 All American Asphalt, Inc. Corona, CA $980,000.00 2 Sequel Contractors, Inc. Santa Fe Springs, CA $993,915.90 3 Terra Pave, Inc. Whittier, CA $1,017,326.30 4 Palp Inc. Long Beach, CA $1,024,298.00 5 Gen Brothers, Inc. Irwindale, CA $1,024,993.50 6 Hardy & Harper, Inc. Santa Ana, CA $1,044,000.00 7 Sully Miller Contracting, Inc. Brea, CA $1,098,782.00 FISCAL IMPACT The project is listed in the Fiscal Year 11-12 as CIP #661121) and E, Pavement Management Project. In the staff report for the Notice of Inviting Bids staff recommended an increase in the budget from $500,000 to $1,400,000. The project's bid has come in lower than anticipated. Total funds required for the project are $1,078,000 which includes 10% for change orders. Funds are available from Prop 1B in the amount of $710,747.70; Metro Flex in the amount of $363,477.70 and TDA Funds in the remainder amount of $3,774.60. Please note that all these funds are restricted funds and can only be used for street maintenance/traffic improvements. If approved, a budget amendment will be processed to increase the proposed Fiscal Year 11-12 budget. PAVEMENT MANAGEMENT FY 2011-2012 MCKINLEY ST MANNING ST Lu 1 p w NOBLE PL,:, AZUSA LNQ3rs' ol! W i w L MASON ST Li OfMASON ST DIXON 5T ST � `' �i CASITA ST Q� r t GLAD— Lu Q ROLAN=STSTONE ¢ P,PARKLAN?+s;-' ' w RUSSELL _ ST U 1 j t qi ICELESiE ST oUi GLADSTONE AVE CLIFFORD D. LEGEND MURRAY ELEM TYPE it SLURW CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: TITO HAES, ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORK VIA: JAMES MAKSHANOFACITY MANAGER DATE: APRIL 16, 2012 SUBJECT: A RESOLUTION SUPPORTING THE TRANSFER OF ONTARIO AIRPORT TO LOCAL CONTROL RECOMMENDATION It is recommended that the City Council approve a resolution supporting the transfer of Ontario Airport to Local Control. BACKGROUND The San Gabriel Valley Economic Partnership has requested local cities support the transfer of Ontario Airport to local control. The economic significance of having good regional airport services cannot be overstated. In a recent survey of San Gabriel Valley businesses, over 40% noted that easy access to airports was one of the top reasons they located to our Valley. Recent issues at Ontario Airport may jeopardize its sustainability. Since 2007, the number of passengers at Ontario Airport has decreased almost 30%. As a secondary airport in a large metropolitan area, Ontario Airport would normally have a large number of carriers. At least in part, the lack of service at Ontario Airport is tied to the high cost of operating the airport resulting in high cost to carriers. The Los Angeles World Airport which operates Ontario Airport has made a number of decisions that dramatically increased costs, including staffing the facilities with City of Los Angeles employees, bringing in-house functions such as janitorial and grounds keeping that are frequently contracted out, and imposing a burdensome administrative charge. These decisions quickly lead to high personnel costs and made it more expensive for airlines to service Ontario Airport. Bringing Ontario Airport to local control would be the first step in reversing this detrimental trend and increasing service. . FISCAL IMPACT There is no fiscal impact associated with adopting this resolution. Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL WHEREAS, local control of airports in Southern California has been shown to be conducive to development of successful regional airports because the airport sponsor has a vested interest in the airport making the greatest contribution to its economy; and WHEREAS, local control of ONT will help ensure that all of Southern California will have sufficient airport capacity to meet the long-term demand for air travel in the. region, and WHEREAS, on January 7, 2011, the Los Angeles Economic Development Corporation called on Los Angeles World Airports (LAWA) to shift control of ONT — as well as the responsibility and risk. that comes with that control — to another entity so LAWA can focus more of its energy on modernizing Los Angeles International Airport, and WHEREAS, on November 29, 2010, the Alliance for a Regional Solution to Airport Congestion (ARSAC) urged the Los Angeles Board of Airport Commissioners to transfer ONT airport management decisions to the local Ontario area in pursuit of a regional airport system that can better address ONT patronage decline and regional service demands, and WHEREAS, on September 2, 2010, the Southern California Association of Governments (SCAG) Regional Council enacted a resolution recommending the transfer of ONT to local control as being in the best interests of Los Angeles and the Southern California region. SCAG further stated that under local control, ONT can recover from the economic downturn of the past several years while positioning itself for long-term growth, consistent with the reorganization of air traffic contemplated in SCAG's Regional Transportation Plan, and WHEREAS, after transfer to local control, ONT can operate on the same basis as airports in Burbank, Orange County, Long Beach and Palm Springs - as low-cost secondary airports under local control. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Lo 1. The City Council supports the transfer of ONT to local control; and 2. The City Council requests the cities of Los Angeles and Ontario commit the necessary resources and effort to affect the transfer of ONT to local control at the earliest possible date. PASSED, APPROVED and ADOPTED this 16'" day of April, 2012 Joseph R. Rocha, Mayor ;, v I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 16`h day of April, 2012, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR VIA: JAMES MAKSHANOFI', CITY MANAGER DATE: APRIL 16, 2012 SUBJECT: CLASS SPECIFICATION REVISION —ASSISTANT DIRECTOR OF CUSTOMER CARE & SOLUTIONS RECOMMENDATION The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.5, that the City Council adopts the revised class specifications for Assistant Director of Customer Care & Solutions. BACKGROUND The position of Assistant Director of Customer Care & Solutions was last updated about 12 years ago. A number of job functions have evolved since that time and it was deemed appropriate to "freshen" the class specification. Key revisions to better reflect current duties are as follows: • Eliminates reference to "direct access" since this was eliminated in California following California's deregulation debacle of 2000-01. • The Customer Care & Solutions Division is no longer responsible for the utility's financial planning activity (now in Administrative Division). • The waste management & recycling activities have similarly been reassigned to the Administrative Division. • Eliminates function of signing checks on the revolving customer deposit fund. • Recognizes a major work activity of resolving billing corrections and making payment arrangements with customers having overdue bills. • Highlights this position's responsibility for field collection operations and for overseeing the Call Center function of Light & Water. • Qualifications now highlight need for billing and customer service experience (7 years minimum) rather than management, business and marketing experience. Page 1 of 5 Approval of these recommended changes will update the class specification to the current responsibilities. FISCAL IMPACT None Page 2 of 5 CITY OF AZUSA ASSISTANT DIRECTOR OF CUSTOMER CARE & SOLUTIONS Under administrative direction, plans and supervises business functions -- customer information- system, marketing, key account activities, within the Azusa Light & Water Department, including implementing key account customer programs, planning and marketing value-added customer services, computerized billing and revenue record keeping and reporting, collection, field services and meter reading, as assigned; develops and implements procedures and work systems for the customer information system, directs educational and promotional campaigns, acts as the Director of Utilities on occasions and performs related duties as required. CLASS CHARACTERISTICS This single position class reports directly to the Director of Utilities and the incumbent is responsible for planning and implementing market-driven customer service functions, and directing and supervising the business operations and marketing of the Light & Water Department, ESSENTIAL FUNCTIONS These functions may not be present in all positions in this class. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Develops and implements division goals, objectives, policies and procedures. Supervises and coordinates key account customer activities. Plans, directs, and supervises customer information functions including field services, meter reading, call center, the receipt and processing of customer payments by various methods, computerized billing, special billing, customer records, billing and revenue record keeping and reporting activities. Supervises the transfer of revenue data accurately and timely to the City's Finance Department. Prepares the Customer Service budget; assists in budget implementation; administers the approved budget. Supervises the posting of entries to and balances of the cash fund and Customer deposit fund. Reviews and authorizes unusual and complex billing corrections and adjustments in accordance with Department Rules and Regulations; as necessary, oversees and negotiates the collection and issuance of final and overdue bills, deposits, charges and refunds. Reviews billing procedures and customer service practices to determine effectiveness of operations; makes necessary changes to provide efficient service to customers. Page 3 of 5 Evaluates, recommends, oversees and monitors the implementation of new value-added technology in utility billing and customer services. Confers with superiors regarding policies and problems of commercial activities; provides assistance to the public and resolves the most difficult customer service complaints. Selects employees 'within the Division; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee performance; initiates disciplinary actions. Coaches supervisors to improve personal and division performance. Researches and prepares technical and administrative reports; prepare written correspondence. Maintains awareness and compliance with legislation affecting customer service. Represents the department and division to outside agencies and organizations; participates in outside community and professional groups and committees; provides technical assistance as necessary. QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include a bachelor's degree in public or business administration, marketing, or closely related field; and seven years of increasingly responsible experience in billing and customer service appropriate to the level of this position; including at least two years in a supervisory capacity. Masters degree desirable. Knowledge, Skills and Abilities Knowledge of utility customer service functions; good knowledge of accounting and financial administration principles, practices, and systems; basic understanding of data processing and computerized billing and record keeping techniques; principles and practices of cost accounting, municipal budgeting, and office administration; principles and .practices of supervision, experienced in word processing and spread sheet software applications; utility energy management and conservation programs; pertinent local, State and Federal rules, regulations and laws. Ability to communicate clearly and concisely, both orally and in writing; research and prepare complex reports on a variety of subjects; recognize when to be diplomatic or assertive; deal diplomatically and professionally with a wide variety of individuals and groups; act as an effective conduit between the Utilities Department, other City Departments and existing/potential customers; plan, direct, and coordinate customer information system, including meter reading, billing, record updating, and record keeping; monitor and evaluate program performance according to established goals and objectives; respond to public inquiries, complaints and requests form the community in a tactful and effective manner; formulate strategies and working protocols to represent the City's best economic interest; select, train, supervise and evaluate employees; represent the City in a variety of meetings; make decisions regarding operational and personnel functions; operate programs within allocated resources; respond to emergency and problem situations in Page 4 of 5 an effective manner; understand, explain and apply policies and procedures; analyze unusual situations and resolve them through application of management principles and practices; analyze and interpret financial and accounting records; deal constructively with conflict and develop effective resolutions; prepare financial statements and analysis; develop new policies impacting department operations/procedures; develop systematic educational and promotional programs and develop value added customer services or products. Certificate or License Requirements Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. Page 5 of 5 � e Of !y AZUSA CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES VIA: JAMES MAKSHANOFlTY MANAGER DATE: APRIL 16, 2012 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). A. MERIT INCREASES AND/OR REGULAR APPOINTMENTS: DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP DATE BASE MO. SALARY UTL Melissa Barbosa Engineering Associate Reg. Appoint./ 4222/2 Merit Increase $6,727.12 03/26/2012 B. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been requested by department head (s)pursuant to the Rules of the Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY PD Rosa Sok From: Police Records 03/15/2012 9150/4 Specialist I $3,803.02 To: Police Records Specialist II UTL Vincent Benavidez From: Apprentice Line 03/10/2012 5218/3 Mechanic $7,137.14 To: Line Mechanic UTL Micah Moore From: Apprentice Line 12/26/2011 5218/4 Mechanic $7,486.93 To: Line Mechanic FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. ` tte//ild/7/1