The table below summarizes the vehicles proposed for purchase:
Unit No. Year Make Model Mileage VIN (Last 8)
113 2019 Toyota Prius L Eco 9,280 K3088175
117 2019 Toyota Prius L Eco 2,752 K3090200
Staff proposes to continue using Unit No. 113 for code enforcement activities, while Unit No. 117 will be shared and utilized by City staff from all departments.
Since 1991, local cities receive AB 2766 Subvention Funds to implement programs that reduce air pollution from motor vehicles. The Department of Motor Vehicles collects a Motor Vehicle Registration fee surcharge of $6 per vehicle that the local Southern California Air Quality Management District (SCAQMD) disburses to local cities. Pico Rivera receives approximately $80,000 annually in SCAQMD funds. These funds are available for various programs, including purchasing and leasing alternative fuel and hybrid fleet vehicles.
Conclusion:
Staff recommends City Council authorize the purchase of Unit Nos. 113 and 117 in the amount of $31,530 (taxes and fees included) and authorize the City Manager to enter into a purchase agreement with Toyota Financial Services.
Steve Carmona
SC:MG:VF
Enclosures: 1) Vehicle Lease Contracts
2) Department of Motor Vehicles Fees Calculation
ENCLOSURE 1
9a
8/3/22, 2:43 PM Calculate New Vehicle Fees Results
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VEHICLE REGISTRATION FEE CALCULATOR
Fees
GRAND TOTAL REGISTRATION FEES $1,715.00
TOTAL USE/SALES TAX $1,441.00
TOTAL REGISTRATION FEES $274.00
Current Registration 62.00
Current California Highway Patrol 29.00
Current Vehicle License Fee 92.00
Current County Service Authority For
Freeway Emergencies Fee
1.00 Current Fingerprint ID Fee 1.00
Current Smog High Polluter Repair Fee 6.00
Original Smog Abatement 6.00
Alt Fuel/Tech Smog Fee 8.00
Current Air Quality Management District 6.00
Current South Coast Air Basin 1.00
Alt Fuel/Tech Reg Fee 3.00
Current Vehicle Theft/DUI 2 2.00
Current Transportation Improvement Fee56.00
Use/Sales Tax 1,300.00
City Vehicle Use/Sales Tax 141.00
Reflectorized License Plate Fee 1.00
Your Entry
VEHICLE INFORMATION Automobile / 2019 / Hybrid
PURCHASED INFORMATION $14,050.00 / Aug 23, 2022
HOME ADDRESS INFORMATION Los Angeles / Pico Rivera / 90660 DATE CALCULATED Aug 3, 2022
New Vehicle Fees
ENCLOSURE 2
9b
8/3/22, 2:43 PM Calculate New Vehicle Fees Results
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change.
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Survey
To: Mayor and City Council
From: City Manager
Meeting Date: August 23, 2022
Subject: EMERGENCY STORM DRAIN REPAIR AT 8672 PICO
VISTA ROAD (CIP NO. 50040) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for the Emergency Storm Drain Repair at 8672 Pico Vista Road, CIP No. 50040 constructed by Sancon Technologies, Inc. and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager to release the retention payment to Sancon Technologies, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.
Fiscal Impact:
Funding for this project in the amount of $200,000 in Measure W funds to Account No. 209.70.7300.54500-CIP.50040 was part of the fiscal year 2021-22 Adopted Budget. The project was completed for an approximate total cost of $189,000. The remaining balance will be unencumbered and returned to the Measure W fund (Fund 209).
Discussion:
An existing 175-foot-long corrugated metal pipe located along the 8672 Pico Vista Road property line, from the street inlet to the outfall into the San Gabriel River, is one of six main storm drain lines. It carries runoff water for the southeast quadrant of the City, from Slauson Avenue to Telegraph Road, and from Serapis Avenue to the San Gabriel River.
A portion of this pipeline collapsed in the vicinity of the adjacent residence and the public right-of-way, causing the existing grass area and sidewalk to cave in creating a 40-inch deep by 17-foot-long hole in the ground.
On March 31, 2022, staff conducted a job walk with three (3) contractors experienced in pipeline work and solicited informal bids for the repair of the storm drain line. The City received one bid submitted by Sancon Technologies, Inc. in the amount of $186,635. 10 CITY COUNCIL AGENDA REPORT – EMERGENCY STORM DRAIN REPAIR AT 8672 PICO VISTA ROAD (CIP NO. 50040) – NOTICE OF COMPLETION
Subsequently, on June 14, 2022, City Council approved a resolution determining the repair of the storm drain at 8672 Pico Vista Road constituted an emergency and authorized the City Manager to execute a contract for repair of the storm drain line with Sancon Technologies. The emergency repair work was successfully completed in April 2022.
Conclusion:
The total project cost is approximately $189,000. Construction management and inspection services were provided by staff from the Engineering and Utilities Divisions of the Public Works Department. Therefore, staff recommends accepting the project as complete and filing a Notice of Completion with the Los Angeles County RegistrarRecorder’s Office. If no claims are filed within 35 days after recordation, the City will release the retention.
Steve Carmona
SC:TR:NC:np
To: Mayor and City Council
From: City Manager
Meeting Date: August 23, 2022
Subject: WHITTIER BOULEVARD OVERLAY PROJECT (CIP NO.
21346) STPL-5351(033); AND WHITTIER BOULEVARD
LANDSCAPE MEDIAN IMPROVEMENTS PROJECT (CIP
NO. 30050) – AWARD CONSTRUCTION
Recommendation:
1. Approve the plans and specifications for the Whittier Boulevard Overlay Project, CIP No. 21346, STPL-5351(033); and Whittier Boulevard Landscape Median Improvements Project, CIP No. 30050;
2. Award a construction contract for a not-to-exceed amount of $1,847,753 to C.S.
Legacy Construction, Inc. for the Whittier Boulevard Overlay Project, CIP No. 21346, STPL-5351(033); and Whittier Boulevard Landscape Median Improvements Project, CIP No. 30050; and authorize the City Manager to execute the contract (Enclosure 1) in a form approved by the City Attorney;
3. Authorize the Public Works Director to process change orders, as needed, in an amount not-to-exceed $332,600 (approximately 18% of the total contract amount) for construction contingency;
4. Amend the fiscal year (FY) 2022-23 adopted budget by appropriating additional funding in the amount of $585,000 in COP Funds (Fund 305) to Account No. 305.70.7300.54500-21346 from account 305.70.7300.54500-50048; and
5. Approve the Notice of Exemption (NOE) for the subject project and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Fiscal Impact:
The adopted budget fiscal year (FY) 2022-23 includes funding for CIP No. 21346 with a total budget of $1,829,818. The total project cost to complete the construction of the Whittier Boulevard Overlay Project CIP No. 21346 and the Whittier Boulevard Landscape Medians CIP No. 30050 is estimated at $2,512,000. 11 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 WHITTIER BOULEVARD OVERLAY PROJECT (CIP NO. 21346), STPL-5351(033);
AND WHITTIER BOULEVARD LANDSCAPE MEDIAN IMPROVEMENTS PROJECT (CIP NO. 30050) – AWARD CONSTRUCTION
A budget amendment in the amount of $585,000 to Account No. 305.70.7300.54500- 21346 is needed to complete the projects to cover the total costs for construction, federal compliance support, and construction management and inspection services.
The additional $585,000 appropriation funds will be transferred from the available $765,000 surplus in COP funds under CIP No. 50048. The table below summarizes the funding sources:
Funding Source Budget
202.70.7300.54500-21346 (SB1) $400,000.00
206.70.7300.54500-21346 (Proposition C) $600,000.00
207.70.7300.54500-21346 (Measure R) $10,000.00
305.70.7300.54500-21346 (COP) $300,000.00
638.70.7300.54500-21346 (STPL) – Federal Funds $567,000.00 305.70.7300.54500-21346 (COP) Additional Appropriation $585,000.00 305.70.7300.54500-30050 (COP) $50,000.00
Total Budget: $2,512,000.00
Discussion:
In April 2014, Governor Jerry Brown issued an executive order in response to the prolonged drought conditions throughout the State of California. The executive order mandated numerous water conservation measures and prohibited numerous waterwasting practices. Consequently, in April 2014, the water was turned off to the roadway medians in Pico Rivera in compliance with the Governor’s executive order. The landscaped medians with ornamental grass, landscaping along Whittier Boulevard, and other vegetation have died. In August 2018, City Council awarded an agreement for design services to David Volz Design Landscape Architects, Inc. for the landscape and beautification design of CIP No. 30050 Whittier Boulevard Landscape Median Improvements Project from Paramount Boulevard to the east City limits. The design includes and promotes low water usage and minimizes routine maintenance by installing drought tolerant plants requiring infrequent pruning and replacement as well as ancillary hardscape improvements. The design and construction documents adhere to the approved landscape median Master Plan.
Concurrently to the design of the Whittier Boulevard Landscape Median Improvements Project (CIP No. 30050), Engineering staff prepared the design plans for road improvements along Whittier Boulevard. The City received federal Surface Transportation Program Local funds (STPL) that were allocated to the Whittier Boulevard Overlay Project (CIP No. 21346) for transportation infrastructure. The portion CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 WHITTIER BOULEVARD OVERLAY PROJECT (CIP NO. 21346), STPL-5351(033);
AND WHITTIER BOULEVARD LANDSCAPE MEDIAN IMPROVEMENTS PROJECT (CIP NO. 30050) – AWARD CONSTRUCTION
of the federal funds was allocated for road improvements along Whittier Boulevard from Paramount Boulevard to Durfee Avenue. The proposed road improvements consist of grinding and removing 2-inches of the existing asphalt and replacing it with 2-inches of asphalt rubber hot mix, replacement of ADA curb ramps, curb and gutter, and striping.
In an effort to minimize construction disruption and inconvenience to the general public and businesses along Whittier Boulevard and its vicinity, these two projects have been combined into one for bidding and construction efficiencies as well. Specifications and contract documents approved by the City Engineer have been developed by Engineering staff and are available in the Public Works Department for review.
On June 24, 2022, and July 1, 2022, the Notice Inviting Bids (NIB) was advertised in the Cerritos Newspaper and was posted on Planet Bids through the City’s website. On July 28, 2022, three (3) bids were received and opened by the City Clerk in a public forum.
The following summarizes the bids received:
Construction Company Bid Amount
C.S. Legacy Construction, Inc. $1,847,752.93
All American Asphalt $1,938,237.50
Hardy & Harper, Inc. $2,250,000.00
Staff completed the analysis of the bids and determined C.S. Legacy Construction, Inc. to be the apparent lowest and responsible bidder. Staff has verified C.S. Legacy Construction, Inc. references and found their past performance on jobs of similar size and scope to be satisfactory. C.S. Legacy Construction, Inc. has performed work for the City of Long Beach and City of Santa Ana. Their bid proposal, bonds, and insurance documents are in order and their contractor’s license is current. The anticipated schedule for the project is as follows:
• Start Construction ………………. September 2022
• Complete Construction …………. March 2023
Construction Management/Inspection Contract
A Request for Task Proposals (RFTP) was sent to pre-qualified firms under the on-call construction management and inspection services agreement, to provide construction management and inspection services. A consulting firm will be selected based on their proposals, qualifications, project and implementation plan, and cost.
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 WHITTIER BOULEVARD OVERLAY PROJECT (CIP NO. 21346), STPL-5351(033);
AND WHITTIER BOULEVARD LANDSCAPE MEDIAN IMPROVEMENTS PROJECT (CIP NO. 30050) – AWARD CONSTRUCTION
The total project budget is summarized as follows:
Project Activity Cost
Design $65,000.00
Construction $1,847,752.93
Contingency (18%) $332,600.00
Construction Management and Inspection $180,000.00
Project Administration/Federal Compliance Support $86,647.07 Total Estimated Project Cost $2,512,000.00
Environmental Analysis:
The project has been reviewed for environmental compliance. Pursuant to the California Environmental Quality Act (CEQA) guidelines, the Whittier Boulevard Overlay and Landscape Median Improvements Project is categorically exempt under Section 15302 Class 1(c) for existing facilities (Enclosure 2).
Conclusion:
Staff recommends awarding a construction contract to C.S. Legacy Construction, Inc. for a not-to-exceed amount of $1,874,753, authorize the Public Works Director to process change orders, as needed, in an amount not-to-exceed of $332,600 (approximately 18% of the total contract amount) for construction contingency, and amend the fiscal year 2022-23 adopted budget by transferring $585,000 from CIP No. 50048 to CIP No. 21346 in the COP funds (Fund 305) to complete the projects.
Steve Carmona
SC:TR:NC:np
Enclosures: 1) Construction Contract
2) Notice of Exemption
CITY OF PICO RIVERA CONTRACT FOR
WHITTIER BOULEVARD OVERLAY PROJECT NO. 21346;
FEDERAL PROJECT NO. STPL-5351(033)
AND
WHITTIER BOULEVARD LANDSCAPE MEDIAN IMPROVEMENTS PROJECT NO. 30050
THIS CONTRACT (“Contract”) is made and entered this 23rd day of August 2022 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and C.S. Legacy Construction Inc., a California Corporation (“Contractor”). The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party”. The Contractor’s California State Contractor’s license number is 826870.
In consideration of the mutual covenants hereinafter set forth, the Parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall determine which option is the more specific or stringent provision. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the Project identified as WHITTIER BOULEVARD OVERLAY PROJECT NO. 21346; FEDERAL PROJECT NO. STPL-5351(033) AND WHITTIER BOULEVARD LANDSCAPE MEDIAN IMPROVEMENTS PROJECT NO. 30050 (“Project”), as described in the Contract Documents.
3. Compensation.
3.1 Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City, performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is One Million Eight Hundred Forty-Seven Thousand Seven Hundred Fifty-Two and 93/100 Dollars ($1,847,752.93). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that ENCLOSURE 1
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Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
the City will pay and the Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.
3.2 Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 9 of the Standard Specifications, as modified by Section 9 of the General Provisions.
3.3 Substitution of Securities. Pursuant to Public Contracts Code Sec. 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under a contract, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
4. Contract Time.
4.1 Initial Notice to Proceed. The City shall issue the “Notice to Proceed No. 1 to Fulfill Preconstruction Requirements and Order Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of 80 Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).
The Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials shall further specify that the Contractor must complete the preconstruction requirements and order materials within 10 Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.
Preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Traffic Control Plans. Note: Traffic Control Plans must be prepared, signed and stamped by a Professional Engineer.
• Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
• Submitting and obtaining approval of critical required submittals • Installation of the approved Project Identification Signs Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
• Obtaining an approved no fee Encroachment Permit
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents
4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed No. 1 to Fulfill Preconstruction Requirements and Order Materials, the City shall issue the “Notice to Proceed with Construction No. 2” for the Landscape Median Improvements at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time. Once the Landscape Median Improvements have been completed, the City shall issue the “Notice to Proceed with Construction No. 3” for the Overlay, at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.
5. Liquidated Damages for Delay and Control of Work.
5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.
6. Additional Federal Requirements.
6.1 Payment of Prevailing Wages on Public Works Projects. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the prevailing hourly rates determined by the Wage and Hour Division (WHD) of the United States Department of Labor or the general prevailing wage determinations by the State of California Department of Industrial Relations (DIR) whichever is higher. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the WHD/DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the WHD/DIR.
6.2 Federal-Aid Construction Contract. This Federal Aid Construction Contract incorporates all Federal provisions referenced in Exhibit 12-B “Bidder’s List of Subcontractor (DBE and Non-DBE) Parts 1 and 2”, Exhibit 12-G “Required Federal-Aid Contract Language”, Exhibit 12-H “Sample Bid”, Exhibit 15-G “Construction Contract DBE Commitment,” Exhibit 15-H “DBE Information – Good Faith Efforts”, Exhibit 16-B “Subcontracting Request”, Exhibit 16-Z1 “Monthly DBE Trucking Verification,” Exhibit 17- F “Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors” and Exhibit 17-O “Disadvantaged Business Enterprise (DBE) Certification Status Change.” All of the aforementioned documents were obtained from latest version of the Local Assistance Procedures Manual by the California Department Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
of Transportation and are incorporated on Appendix II “Federal Requirements” of this document.
6.3 DBE Goal. In accordance with 49 CFR Part 26.45, the U.S. Department of Transportation (DOT), the Federal Highway Administration (FHWA) and Caltrans regulations a DBE Goal of 12% has been established for this project. Refer to Section 1 of Exhibit 12-G on Appendix II “Federal requirements” for additional information.
6.4 Buy America Requirements for Steel and Iron Materials. Refer to Section 8 of Exhibit 12-G on Appendix II “Federal requirements” for additional information.
6.5 Additional Federal Requirements. Refer to Exhibit A entitled “Exhibit 12-G Required Federal-Aid Contract Language” for additional federal requirments.
7. Work after Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.
8. Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign to the City 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. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.
9. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. The City has entered into the “Community Workforce Agreement” (“CWA”) with the Los Angeles and Orange Counties Building and Construction Trades Council attached as Appendix III to the Bid Documents, which requires the payment of prevailing wages on general public works contracts of greater than $250,000 and specialty contracts of greater than $50,000 and certain labor compliance provisions. Specialty contracts are entered into between the City and specialty contractors as defined in Business and Professions Code Section 7058, including Sections 832.02 through 832.62 of Title 16 of the California Code of Regulations.The Contractor awarded the Contract for the Work and all Subcontractors must agree to be bound by the CWA during performance of the Work. Each Contractor must submit a completed and executed Letter of Assent with its Bid Propoal; failure of a Bid Proposal to be accommpanied by the Contractor’s completed and executed Letter of Assent will render the Bid Proposal non-responsive and rejected. If awarded a Contract, the successful Contractor shall comply with provisions of the CWA, including without limitation: (i) craft labor hiring practices; (ii) alternative dispute resolution procedures for Site grievances and jurisdictional disputes; and (iii) prevailing wage rate responsibilities.
The CWA shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
contract, is that City not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms of the CWA. Public Works projects not covered by the CWA shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the City.
10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.
In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
11. Miscellaneous Statutory Requirements
11.1. Contractor License. Contractor shall possess a California contractor’s license for the performance of the Project.
11.2 Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
11.3 Compliance with SB 854 Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
11.4 Trenches, Excavations and Unknown Conditions. Pursuant to California Public Contract Code Section 7104, in the event the Work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
the site different from those indicated; 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 the character provided for in the contract. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 3-3 of the General Provisions. (c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.
Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
11.5 Trench and Pipeline Safety. If this Contract is for more than $25,000 and involves excavation of any trench five feet or more in depth, the Contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the City.
11.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
11.7 Third Party Claims Notification. The City shall timely notify the Contractor in writing of any third-party claims relating to the Contract.
11.8 Unfair Business Practices Claims. The Contractor or subcontractor offers and agrees to assign to the City 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 works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties. (Section 7103.5, California Public Contract Code.).
11.9 Day’s Work. Contractor acknowledges that under California Labor Code Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
section 1810, and following 8 hours of labor, constitutes a legal day’s work. Contractor will forfeit, as a penalty to City, the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
11.10 Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
(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.
Pending a determination by 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.
City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or his/her designee, 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.
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 scheduled 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.
11.11 Payroll Records. Contractor shall maintain the certified payroll records required by Labor Code Section 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Section 1771.4. Contractor and any subcontractor shall (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
City of the location of the records. The Contractor shall inform the City of the location of the records enumerated under Labor Code Section 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. The Contractor has ten days in which to comply, subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
11.12 Employment of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
12. Termination.
12.1. Termination for Convenience. The City may terminate this contract, in whole or in part, with 30 days written notice to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. The Contractor may terminate this contract, in whole, with 90 days written notice to the City.
12.2 Termination for Default. If, at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.
12.3 Waiver of Remedies for any Breach. In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
13. Community Workforce Agreement. Contractor acknowledges and agrees that Contractor and its Subcontractors of any tier each agree to comply with the terms and conditions of the Community Workforce Agreement (“CWA”) executed between the City and the Los Angeles and Orange Counties Building and Construction Trades Council, attached hereto as part of the Contract Documents. Contractor must submit a completed and executed Letter of Assent.
14. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
15. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
16. Entire Contract. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in writing, signed by both Parties that expressly refers to this Contract.
17. Attorney’s Fees and Costs. If either Party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition, a Party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
18. Independent Contractor - The Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the City, nor any of its officers, employees or agents shall have control over the conduct of the Contractor or any of the Contractors’ officers, employees or agents, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City, nor shall City officers, employees or agents be deemed the officers, employees, or agents of Contractor as a result of this Contract.
19. Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
as follows:
To City: City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, California 90660
Attention: City Engineer
To Contractor: Gregg Strumpf
C.S. Legacy Construction, Inc.
675 Brea Canyon Rd., Suite 8
Walnut, CA 91789
20. Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract. Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
21. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [Signatures on following page]
Contract Agreement
C.S. LEGACY CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first above written.
CITY OF PICO RIVERA
By:
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman,
City Attorney
Dated: (“CONTRACTOR”)
C.S. LEGACY CONSTRUCTION, INC.
By:
Gregg Strumpf, President
By:
NAME TITLE
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
EXHIBIT A
Exhibit 12-G Required Federal-Aid Contract Language
Enclosure 2
11b
To: Mayor and City Council
From: City Manager
Meeting Date: August 23, 2022
Subject: 10-DAY REPORT ON CITY OF PICO RIVERA’S CAR
WASH USE MORATORIUM (URGENCY ORDINANCE NO.
1143) PER GOVERNMENT CODE SECTION 65858(d)
Recommendation:
1. Receive, file, and issue a 10-day report on Urgency Ordinance No. 1148 enacting a 10 month, 15-day moratorium on car wash uses in the Community General, General Commercial, and Commercial Manufacturing zones as required under Government Code Section 65858(d).
Fiscal Impact:
There is no fiscal impact for this item. A report per Government Code Section 65858(d) must be filed and issued by the City Council at least 10 days prior to the expiration of the moratorium describing the measures taken to alleviate the conditions that led to the adoption of the urgency ordinance prior to the request for extension.
Background:
On October 26, 2021, the City Council adopted Urgency Ordinance No. 1148 extending the existing car wash moratorium for 10 months, 15 days. The purpose of the moratorium is to allot City staff time to conduct research and determine how to mitigate impacts from such uses. Without proper study, the City may be allowing the development of new, relocated, or expanded car wash uses that have the potential for negative impacts on traffic, circulation, noise, and security and deterring other uses that may be better suited for the aforementioned zones and locations while having fewer negative impacts on the surrounding areas. Automatic car washes are considered by staff as a high intensity use that may have detrimental effects to the surrounding community. There is an increase in the popularity of automatic car washes, however there are detrimental effects to neighborhoods including noise from the vacuums, water usage, traffic, circulation and specifically the queuing of vehicles. 12 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 10-DAY REPORT ON URGENCY ORDINANCE NO. 1148 - CAR WASH USE MORATORIUM PER GOVERNMENT CODE SECTION 65858(d)
PAGE 2 OF 4
Government Code Sections 36937 and 65858 allow the City to extend the existing moratorium for a period of one (1) year after notice and hearing. Following a first extension, the statute allows the City to extend the interim urgency ordinance a second time, for an additional one-year period for a total moratorium period not exceeding two years. The City may however adopt a permanent ordinance prohibiting or limiting car wash facilities. Prior to the extension, the City must issue a written report “… describing the measures taken to alleviate the condition which led to the adoption of the ordinance.”
Discussion:
The purpose of the ordinance is to provide Planning Division staff additional time to analyze the feasibility of potential development standards and to address possible impacts to the public health, safety and welfare of the community. The intent of the interim development standards is to preserve the community character within the City.
Pursuant to Government Code Section 65858 (a) and (d), the City may further extend the interim ordinance for one (1) year provided that ten (10) days prior to the expiration of the interim ordinance the legislative body issues a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.
Once the City Council receives and files this report, this staff report shall constitute the City Council’s 10-day report as required under Government Code Section 65858(d) describing the measures taken to alleviate the conditions which lead to the adoption of the ordinance. Since October 26, 2021, Planning Division staff measures include the following:
1. Analyzing all impacts of existing carwash facilities including the detrimental effects of traffic, noise, water usage and queuing of vehicles. City staff has reviewed existing carwash facilities and found that several have caused traffic problems specifically with the queuing of vehicles on the street. Public streets have been backed-up due to longer than expected lines at car wash facilities.
2. Creating a list of all type of car wash facilities in the City of Pico Rivera including any entitlements processed and if the car wash facility operators are meeting the conditions of approval. City staff continues to monitor new and existing car wash businesses. Bubbles Car Wash located at 4614 Rosemead Boulevard has been closed for over six months and has lost its non-conforming use rights. The site is currently zoned Residential-Multi-Family (R-M). Eight (8) car wash facilities are in existence of which four are within gas stations.
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 10-DAY REPORT ON URGENCY ORDINANCE NO. 1148 - CAR WASH USE MORATORIUM PER GOVERNMENT CODE SECTION 65858(d)
PAGE 3 OF 4
3. Creating a list of interested parties, stakeholders, and residents to engage in the community input process. The City continues to maintain a list of interested parties and inquiries of possible facilities. Since the moratorium went into place the City received one inquiry for a new car wash and received one request for an existing car wash has asked to expand the existing car wash facility.
4. Initiated meetings with staff from the City’s Engineering Division, Building and Code Enforcement Division to review the impacts of the interim ordinance and future potential development standards. Meetings with the Building and Code Enforcement Division have taken place to discuss the possible future conditions or mitigations to be included in a car wash ordinance. These requirements may include distance requirements from residential homes, noise attenuation devices and a permanent desired number of queuing for all car wash including up to two queuing lines.
5. Creating a handout to educate potential developers on possible new development standards that may mitigate impacts of a car wash operation to facilitate the approval process. City staff has worked on a draft handout with potential conditions to be implemented as part of a permanent ordinance.
6. Reviewing regulations in surrounding cities to determine adopted codes, taxes and fees implemented and the impacts on their respective communities. City staff has reviewed ordinances in nearby communities and have found that many cities require a Conditional Use Permit (CUP) and there are not any established regulations pertaining to car wash businesses. Regulations are site specific and established via the CUP process. In July 2021, the City of Norwalk denied a car wash business within their City boundaries. Residents spoke against the car wash business citing criminal activity and noise.
7. Study the impacts of car washes in certain zones specifically commercial versus industrial zones where traffic circulation impacts may be minimized. Staff has been exploring whether to prohibit car wash within commercial zones considering that there are eight existing businesses within a city that is eight square miles.
Also, staff may look to only allowing car was businesses within industrial zones.
Pursuant to Government Code Section 65858 (a) and (d) Planning Division staff requires additional time to study the impacts of the interim development standards and their applicability to protect the community from adverse impacts. Additional time is also required to take the potential development standards to the Planning Commission for a recommendation to the City Council and to garner public input on the interim and potential future development standards.
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 23, 2022 10-DAY REPORT ON URGENCY ORDINANCE NO. 1148 - CAR WASH USE MORATORIUM PER GOVERNMENT CODE SECTION 65858(d)
PAGE 4 OF 4
Conclusion:
Staff recommends that the City Council receive, file, and issue this 10-day report. In accordance with Government Code Section 65858, the staff will propose at a later City Council meeting that Urgency Ordinance No. 1148 be extended for one (1) year.
Steve Carmona
SC:MG:JG:jj
COUNCIL
MEETING
DATE
COUNCIL
MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
Lara/Lutz Lobbying Ban
Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discuss at retreat 4/30/22 8/10/2021 Pending
8/10/2021 Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending 10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman
Pending
Camacho/Lara Rename Street Suggest changing street name near the Sports Arena to
Avenida Vicente Fernandez
Road
Ad Hoc Committee 5/10/2022 Pending
2/8/2022
Elias/Sanchez Heroes Recognition Recognize organizations for their work during the
pandemic
Staff to define list of honorees
to present at a Council meeting
6/28/2022 Pending
Lutz/Lara Senior Center Available office space for
Veterans Resource Center P. Yugar
Staff to follow-up and advise on
best facility to be utilized √
Pending
Lutz/Lara Buyers Incentive Discount to first responders who purchase homes in Pico
Rivera
M. Garcia
Discuss at retreat
√
4/30/2022 Pending
4/12/2022 Lara/Elias Districts Discuss voting districts within the city A. Glasman Discussion at a future meeting √ Pending
GOOD OF THE ORDER
3/8/2022
COUNCIL
MEETING
DATE
COUNCIL
MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
Lara/Camacho EV Charging Stations Locate possible sites to place electrical vehicle charging
stations
PW/CED/
PRIME
Pending
Lutz/Elias Revenue Generation Explore revenue generation opportunities in the City A. Garcia
6/14/2022 Pending
Elias/Camacho Sports Presentation given by ERHS Athletic Director
Agendize presentation S. Castro Pending
Lara/Camacho Resource School Officer Joint meeting with ERUSD to discuss funding of Resource
Officers
Ad Hoc Committee Pending
Lutz/Elias Monument Marker Look at cost of adding three flags to the monument on
Washington and Passons
Blvds.
T. Rodrigue
6/28/2022 Pending
Elias/Lutz PRIME Electric Bill Relief Agendize Electric Bill Relief for Non-Profits (with Solar
Panels)
A. Garcia/
S. Carmona
Pending
Lara/Camacho Battery Storage Funds Set aside $50,000 for Battery Storage for non-profits. S. Carmona
Pending
Sanchez/
Camacho
Outdoor dining Permit an outdoor dining
program
M. Garcia/T.
Rodrigue
Pending
Gustavo/
Sanchez
Pickle Ball Look at Rio Hondo Park
facility for space P. Yugar Pending
6/28/2022
7/12/2022
5/10/2022
6/14/2022