HomeMy WebLinkAboutItem 10d - Final Phase of Median Turf Reduction Program
DATE: November 5, 2019
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Eddie Chan, P.E., Principal Civil Engineer
SUBJECT: CONTRACT WITH CLEAN CUT LANDSCAPE, INC. FOR THE FINAL
PHASE OF THE MEDIAN TURF REDUCTION PROGRAM IN THE
AMOUNT OF $1,381,698
Recommendation: Approve
SUMMARY
The Fiscal Year 2018-19 Capital Improvement Plan includes funding to renovate street
medians throughout the City as part of the Median Turf Reduction Program, based on
the 2016 Median Island Master Plan (the “Master Plan”). The Master Plan, which the
City Council approved in August 2016, includes replacing turf with drought tolerant plant
species, installing drip irrigation, and installing decorative hardscape features. At the
May 7, 2019, Study Session, the City Council approved changes to the scope of work
for Phase 3 to limit the amount of excavation around the iconic Pine Trees on Santa
Anita Avenue. As part of the overall improvements identified, the center medians on
Baldwin Avenue (between Live Oak Avenue and Camino Real Avenue), Santa Anita
Avenue (between Live Oak Avenue and Foothill Boulevard), and Live Oak Avenue
(between Santa Anita Avenue and the east City limits) will be renovated as the third and
final phase of a three-phase center median renovation project. To ensure that the City is
receiving the most competitive prices and highest quality service for this work, a formal
bid was conducted and Clean Cut Landscape, Inc. submitted the lowest responsive bid.
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a contract with Clean Cut Landscape, Inc. for the Final Phase of
the Median Turf Reduction Program in the amount of $1,381,698 and approve a 10%
construction contingency.
BACKGROUND
On April 1 2015, Governor Brown signed executive order B-29-15, which imposed
mandatory restrictions on water use throughout the State. One of the restrictions
prohibited the use of potable water for irrigating grass on center medians. As a result,
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November 5, 2019
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the irrigation to all grass areas on the center medians along Huntington Drive, Santa
Anita Avenue, Baldwin Avenue, Live Oak Avenue, and Las Tunas Drive was turned off
and the grass died. The Master Plan was developed to comprehensively plan for the
design and renovation of these medians.
Phase 1 of the Median Turf Reduction Program on Huntington Drive between
Michillinda Avenue and Baldwin Avenue was completed in August 2017. Phase 2 of the
Median Turf Reduction Program on Huntington Drive between Baldwin Avenue and
Holly Avenue and on Santa Anita Avenue between Foothill Boulevard and Grand View
Avenue was completed in October 2018. Phase 3 of the Median Turf Reduction
Program will be on Baldwin Avenue, Santa Anita Avenue, and Live Oak Avenue.
DISCUSSION
The Fiscal Year 2018-19 Capital Improvement Plan includes funding for the renovation
of the center medians on Baldwin Avenue (between Live Oak Avenue and Camino Real
Avenue), Santa Anita Avenue (between Live Oak Avenue and Foothill Boulevard) and
Live Oak Avenue (between Santa Anita Avenue and the east City limits).
At a Study Session on May 7, 2019, the Public Work Services Department presented to
the City Council changes to Phase 3 of the Median Turf Reduction Program. Changes
in the design are necessary due to the narrowness of the medians and to avoid
impacting the health of the iconic Pine Trees that line the center medians on Santa
Anita Avenue. The medians on all three streets will incorporate similar design features
as Phases 1 and 2 to maintain uniformity and similar aesthetics. However, the medians
done in Phase 3 will not include new planter walls, paver areas, or a rock bioswale.
Exhibit “A” includes a schematic drawing of the 2016 Median Master Plan for Santa
Anita Avenue and the approved changes eliminating the planter walls, paver areas, and
rock bioswale. In accordance with the approved changes to the 2016 Median Island
Master Plan for Phase 3, the design for the medians will include the following features:
1. Cobble rock borders along the edges, which provide an outline of the landscaped
areas as well as a safer work space for maintenance crews.
2. In-line drip irrigation system to replace the inefficient pop-up spray heads.
3. Drought tolerant shrubs and groundcovers in a variety of textures and colors.
It is anticipated that work will begin in December 2019 and will take approximately four
months to complete. Exhibit “B” includes the location of the center medians that will be
renovated.
A Notice Inviting Bids was published in the City’s adjudicated newspaper, and bid
packages were provided to contractors that perform this type of work. On October 8,
2019, the City Clerk received six bids with the following results:
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November 5, 2019
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Bidder Location Base Bid Amount
Clean Cut Landscape, Inc. Fresno, CA $1,083,208.00
Conserve Landcare Thousand Palms, CA $1,238,000.00
Inland Empire Landscape, Inc. San Bernardino, CA $1,411,111.11
Southern California Landscape Fontana, CA $1,420,870.00
Three Peaks Corp. Calimesa, CA $1,637,730.00
KASA Construction, Inc. Chino, CA $1,895,630.00
All bid documents were reviewed for content and the contractor’s background was
investigated. Based on this review, it has been determined that Clean Cut Landscape,
Inc. is the lowest responsive bidder, and is qualified to complete the project as defined
in the bid documents. Clean Cut Landscape, Inc. has successfully completed Phase 1
and Phase 2 of the Median Turf Reduction Project. The result of the work completed by
Clean Cut Landscape, Inc. met or exceeded the expectations of City staff.
The bid documents included a request for pricing for bid alternate items, including
installation of fiber optic communication conduit on Baldwin Avenue and improvements
to the median noses at Santa Anita Avenue and Alta Street, and at Santa Anita Avenue
and Le Roy Avenue for the proposed Traffic Signal Project that will take place in the
near future. The total cost of these bid alternate items is $298,490. The bid alternate
items are highly desirable, and there is sufficient funding in the Transportation Impact
Fund to include them in the project. The installation of the conduit will allow the City to
upgrade existing fiber optic communication lines and increase the capacity in the area.
In order to avoid damage to work done as part of the Median Island Renovation Project,
alterations to the median noses will be done at the intersections of Santa Anita Avenue
and Alta Street, and Santa Anita Avenue and Le Roy Avenue to accommodate new
traffic signals. The total project construction cost is $1,381,698, which includes the
base bid and the bid alternate items. With the added alternatives, Clean Cut’s proposal
remains the lowest responsive bid for this project.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
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November 5, 2019
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FISCAL IMPACT
Funds in the amount of $1,496,000 have been budgeted in the Fiscal Year 2018-19
Capital Improvement Program for the Median Turf Reduction Project. Funds in the
amount of $250,000 have been budgeted in Fiscal Year 2019-20 Capital Improvement
Program for the Baldwin Avenue Fiber Optic improvements and $150,000 is available in
the Transportation Impact Fund for the installation of communication conduit and
median nose improvements. The total accumulated amount of available funding is
$1,896,000.
The total cost for this project is $1,381,698. With the request of a 10% construction
contingency, the project cost would be $1,519,867.80, which is still well within the
adopted budget.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Contract with Clean Cut Landscape, Inc. for the Final Phase of
the Median Turf Reduction Program in the amount of $1,381,698, and approve a 10%
construction contingency.
Attachments: Exhibit “A” - Schematic Drawing of Santa Anita Avenue Medians
Exhibit “B” - Project Location
Proposed Contract
Exhibit “A”
2016 Median Island Master Plan Schematic Drawing
2016 Median Island Master Plan
Schematic Drawing of Median as approved on May 7, 2019 Study Session
CITY OF ARCADIA
MEDIAN TURF REDUCTION PROGRAM – FINAL PHASE
PROJECT NO.: 33860519
BETWEEN
CITY OF ARCADIA
AND
CLEAN CUT LANDSCAPE, INC.
CONTRACT
(PROJECT NO. 33860519)
Contract - 1
CONTRACT FOR THE
CITY OF ARCADIA
THIS CONTRACT is made this _____ day of _________, 20__, in the County of Los
Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and Clean
Cut Landscape, Inc., hereinafter called Contractor. The City and the Contractor for the
considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated
the Contract and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract Documents
as specified in Article 5 below for the following Project:
MEDIAN TURF REDUCTION PROGRAM – FINAL PHASE / PROJECT NO.: 33860519
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
2.1 The Work shall be commenced on the date stated in the City’s Notice to Proceed. The
Contractor shall complete all Work required by the Contract Documents within 120 calendar
days from the commencement date stated in the Notice to Proceed. By its signature
hereunder, Contractor agrees the time for completion set forth above is adequate and
reasonable to complete the Work.
2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in
accordance with those schedules as may be issued from time to time during the
performance of the Work, and any other scheduling requirements listed in this Contract, so
as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or
completion of the whole or any part of the Work or other work on the Project.
2.3 The Contractor shall participate and cooperate with the City in the development of
schedules and other efforts to achieve timely completion of the Work providing information
for the scheduling of the times and sequence of operations required for its Work
(“Contractor Schedule”) to meet City’s overall master project schedule requirements
(“Master Schedule”). The Contractor shall continuously monitor the Master Schedule so as
to be fully familiar with the timing, phasing and sequence of operations of the Work and of
other work on the Project, and shall execute the Work in accordance with the requirements
of the Master Schedule including any revisions thereto. The Contractor shall notify the
Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a
detailed recovery plan to the Engineer for approval within five (5) calendar days of such
notice.
2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered,
obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor
or any of its officers, agents, servants, employees, subcontractors or suppliers so as to
cause any additional cost, expense, liability or damage to the City, the Engineer or any
consultants retained by the City for the Project, including legal fees and disbursements
incurred by the City, the Engineer, or the consultants retained by the City for the Project,
(whether incurred in defending claims arising from such delay or in seeking reimbursement
and indemnity from the Contractor and its surety hereunder or otherwise) or any damages
or additional costs or expenses for which the City, the Engineer or the consultants retained
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Contract - 2
by the City for the Project, may or shall become liable, the Contractor and its surety shall
and does hereby agree to compensate the City, the Engineer or the consultants retained by
the City for the Project,, for and indemnify them against all such costs, expenses, damages
and liability.
2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so
directed, the Contractor shall work said overtime and, provided that the Contractor is not in
default under any of the terms or provisions of this Contract or of any of the other Contract
Documents, the City will pay the Contractor for such actual additional wages paid, if any, at
the prevailing wage rates plus taxes imposed by law on such additional wages, plus
workers' compensation insurance, liability insurance and levies on such additional wages if
required to be paid by the Contractor.
2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or
act or failure to act of the Contractor or any of its officers, agents, servants, employees,
subcontractors or suppliers, then the Contractor shall, in addition to all of the other
obligations imposed by this Contract upon the Contractor in such case, and at its own cost
and expense, work such overtime as may be necessary to make up for all time lost in the
completion of the Work and of the Project due to such delay. Should the Contractor fail to
make up for the time lost by reason of such delay, the Engineer or City shall have the right
to cause other contractors to work overtime and to take whatever other action it deems
necessary to avoid delay in the completion of the Work and of the Project, and the cost and
expense of such overtime and/or such other action shall be borne solely by the Contractor.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for
the performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of ONE MILLION, THREE
HUNDRED EIGHTY-ONE THOUSAND, SIX HUNDRED NINETY-EIGHT DOLLARS AND NO
CENTS ($1,381,698.00). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. PAYMENTS
4.1 The City shall make monthly progress payments following receipt of undisputed and
properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five
percent (95%) of the value of Work performed up to the last day of the previous month, less
the aggregate of previous payments.
4.2 The Contractor shall, after the full completion of The Work, submit a final payment
application. All prior progress estimates shall be subject to correction in the final estimate
and payment.
4.3 Unless otherwise required by law, the final payment of five percent (5%) of the value of the
Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of
recordation of the Notice of Completion.
4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against
the City arising from this Contract.
4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective
work or improper materials, or to relieve the Contractor of its obligations under the Contract
Documents.
(PROJECT NO. 33860519)
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4.6 The Contractor shall submit with each payment request the Contractor’s conditional waiver
of lien for the entire amount covered by such payment request, as well as a valid
unconditional waiver of lien from the Contractor and all subcontractors and materialmen for
all work and materials included in any prior invoices. Waivers of lien shall be in the forms
prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final
payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s
work, together with releases of lien from any subcontractor or materialmen.
ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the
City may retain under other provisions of the Contract Documents the City may withhold payments
due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers.
d. Completion of the Contract if there exists a reasonable doubt that the Work can be
completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.
g. Failure of Contractor to keep the record (“as-built”) drawings up to date.
h. Failure to provide updates on the construction schedule.
i. Site clean-up.
j. Failure of the Contractor to comply with requirements of the Contract Documents.
k. Liquated damages.
l. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs
charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
ARTICLE 6. CHANGES AND EXTRA WORK
6.1 The City, without invalidating the Contract, may order changes in the Work consisting of
additions, deletions or other revisions, the Contract amount and Contract time being
adjusted accordingly. All such changes in the Work shall be authorized by Change Order,
in the form attached hereto and incorporated herein as Exhibit “A,” and shall be performed
under the applicable conditions of the Contract Documents. A Change Order signed by the
Contractor indicates the Contractor's agreement therewith, including any adjustment in the
Contract amount or the Contract time, and the full and final settlement of all costs (direct,
indirect and overhead) related to the Work authorized by the Change Order.
6.2 All claims for additional compensation to the Contractor shall be presented in writing before
the expense is incurred and will be adjusted as provided herein. No work shall be allowed
to lag pending such adjustment, but shall be promptly executed as directed, even if a
(PROJECT NO. 33860519)
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dispute arises. No claim will be considered after the work in question has been done unless
a written contract change order has been issued or a timely written notice of claim has been
made by Contractor. Contractor shall not be entitled to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any item
or portion of Work to be done. Whenever any change is made as provided for herein, such
change shall be considered and treated as though originally included in the Contract, and
shall be subject to all terms, conditions and provisions of the original Contract.
6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including
any change in the Contract time, within seven (7) Days after receipt of a scope of a
proposed change order, unless the City requests that proposals be submitted in less than
seven (7) Days.
6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change
order required for compliance with the Contract Documents within seven (7) Days of
discovery of the facts giving rise to the proposed change order.
6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually
agreed to by the Contractor and the City.
6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed
supporting documentation to permit verification by the City.
6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as
requested), the City has the right to order the Contractor in writing to commence the work
immediately on a force account basis and/or issue a lump sum change to the contract price
in accordance with the City’s estimate of cost. If the change is issued based on the City
estimate, the Contractor will waive its right to dispute the action unless within fifteen (15)
Days following completion of the added/deleted work, the Contractor presents written proof
that the City’s estimate was in error.
6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be
limited to direct expenditures necessitated specifically by the subject extra work, and shall
be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally
for each craft or type of worker at the time the extra work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting
from Federal, State or local laws, as well as assessment or benefits required
by lawful collective bargaining agreements. The use of a labor classification
which would increase the extra work cost will not be permitted unless the
contractor establishes the necessity for such additional costs. Labor costs
for equipment operators and helpers shall be reported only when such costs
are not included in the invoice for equipment rental.
(b) Materials. The cost of materials reported shall be at invoice or lowest
current price at which such materials are locally available in the quantities
involved, plus sales tax, freight and delivery. Materials cost shall be based
upon supplier or manufacturer’s invoice. If invoices or other satisfactory
evidence of cost are not furnished within fifteen (15) Days of delivery, then
the Engineer shall determine the materials cost, at its sole discretion.
(PROJECT NO. 33860519)
Contract - 5
(c) Tool and Equipment Use. No payment will be made for the use of small
tools, tools which have a replacement value of $1,000 or less. Regardless
of ownership, the rates to be used in determining equipment use costs shall
not exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including
supervision) and profit on work added to the Contract shall be according to
the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and
equipment only excluding overhead and profit. The costs of applicable insurance
and bond premium will be reimbursed to the Contractor and subcontractors at cost
only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and
profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall
not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor
may add five (5%) percent of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit
shall not exceed fifteen (15%) percent of the Net Cost for Work to which the
subcontractor and general contractor may each add an additional five (5%) percent
of the Net Cost of the lower tier subcontractor.
v. No additional mark up will be allowed for lower tier subcontractors, and in no case
shall the added cost for overhead and profit payable by City exceed twenty-five
(25%) percent of the Net Cost as defined herein.
6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the
City the subcontractor’s signed detailed estimate of the cost of labor, material and
equipment, including the subcontractor markup for overhead and profit. The same
requirement shall apply to sub-subcontractors.
6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall
furnish to the City a detailed estimate or quotation of the cost to the Contractor,
signed by such vendor or supplier.
6.11 Any change in The Work involving both additions and deletions shall indicate a net
total cost, including subcontracts and materials. Allowance for overhead and profit,
as specified herein, shall be applied if the net total cost is an extra; overhead and
profit allowances shall not be applied if the net total cost is a credit. The estimated
cost of deductions shall be based on labor and material prices on the date the
Contract was executed.
6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration beyond
what is stated in the change order for work. No claims shall be allowed for impact,
extended overhead costs, constructive acceleration and/or actual acceleration due
to a multiplicity of changes and/or clarifications. The Contractor may not change or
modify the City’s change order form in an attempt to reserve additional rights.
(PROJECT NO. 33860519)
Contract - 6
6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the
Contractor and the City will provide its opinion of the appropriate price and/or time
extension. If the Contractor agrees with the City, a change order will be issued by
the City. If no agreement can be reached, the City shall have the right to issue a
unilateral change order setting forth its determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. Such
determination shall become final and binding if the Contractor fails to submit a claim
in writing to the City within fifteen (15) Days of the issuance of the unilateral change
order, disputing the terms of the unilateral change order.
6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms
of the change order shall relieve the Contractor from the obligation to proceed with
performance of the work, including extra work, promptly and expeditiously.
6.15 Any alterations, extensions of time, extra work or any other changes may be made
without securing consent of the Contractor’s surety or sureties.
ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85,
it is agreed that the Contractor will pay the City the sum of $3,000 for each and every calendar day
of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated
Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the
City may deduct that amount from any money due or that may become due the Contractor under
the Contract. This Article does not exclude recovery of other damages specified in the Contract
Documents.
ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include
the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification form
Public Works Contractor Registration Certification form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
California Building Codes as defined in the General Conditions
Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
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All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be
included in these Contract Documents shall be deemed to be included in these Contract
Documents. The Contractor shall comply with all requirements of applicable federal, state and local
laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code
and California Public Contract Code which are applicable to this Project.
ARTICLE 10. INDEMNIFICATION.
10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its respective officials, officers, agents, employees, and representatives
(“Indemnitees”) from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages (including without limitation the payment of all consequential
damages and attorneys fees and other related costs and expenses) or injuries, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible
property or persons (including wrongful death, accidents or injuries arising from the alleged
failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages
occurring during the transport of products or in rendering services under the Contract
Documents, such as automobile accidents, trip/slip and fall accidents and third party
assaults) arising out of or resulting from the performance of the Work or this Contract
(including claims made by subcontractors for nonpayment), to the extent that the acts,
omissions or willful misconduct are attributable to the Contractor or anyone employed
directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost,
expense and risk, with legal counsel of Indemnitee’s choosing, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted
against the City, its respective officials, officers, agents, employees and representatives.
To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against the City and its respective officials, officers, agents,
employees, and representatives, in any such suit, action or other legal proceeding.
Contractor shall reimburse the City and its respective officials, officers, agents, employees,
and representatives for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. The only limitations on
this provision shall be those imposed by Civil Code section 2782.
10.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend
as established by Section 2778 of the California Civil Code, and the duty to defend shall
arise upon the making of any claim or demand against the City, its respective officials,
officers, agents, employees and representatives, notwithstanding that no adjudication of the
underlying facts has occurred, and whether or not Contractor has been named in the claim
or lawsuit.
10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to
indemnify the City or any of the other Indemnitees, against liability for damages or any other
loss, damage or expense sustained, suffered or incurred on account of death or bodily
injury to active persons or injury to property caused by the sole negligence or willful
misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is
determined by legal proceedings or agreement, that the Contractor has no direct
contributory or incidental negligence or other obligation to the City or the other Indemnitees,
and the Contractor is in no way a proper party to a particular claim, then the Contractor
shall not be obligated to hold the City or any Indemnitees harmless with respect to said
claim. However, until such determination is made by legal proceedings or agreement, or if
(PROJECT NO. 33860519)
Contract - 8
the Contractor is found to have any degree of direct or contributory negligence or if it is
determined that the Contractor is in any way or to any degree a proper party to said claim,
then the Contractor’s obligations under all of the terms and provisions of the preceding
section shall remain in full force and effect.
10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to
relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under
this Article, pending a determination of the respective liabilities of the City or any
Indemnitee, by legal proceeding or agreement.
10.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor
hereby expressly and specifically agrees that its obligation to indemnify, defend and hold
harmless as provided in this Contract shall not in any way be affected or diminished by any
statutory or constitutional immunity it enjoys from suits by its own employees or from
limitations of liability or recovery under workers’ compensation laws.
ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of
wages in accordance with the Labor Code which such rates shall be made available at the Public
Works Services Department or may be obtained online at http//www.dir.ca.gov/dlsr and which must
be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF ARCADIA
By:
Dominic Lazzaretto
City Manager
CLEAN CUT LANDSCAPE, INC.
By:
Signature
Print Name and Title
Attest:
By:
City Clerk
By:
Signature
Print Name and Title
Approved as to Form:
Stephen P. Deitsch
City Attorney
(PROJECT NO. 33860519)
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