Agenda packet — Glendora City Council, March 22, 2022 (part 2 of 2)

1,187,223.50
One Million One Hundred Eighty Seven Thousand Two Hundred Twenty Three Dollars and Fifty Cents
Item #11. Page 11
Meeting Date: 3/22/2022 / Packet Page #: 204

3. 4.

Schedule
Bidder understands that early completion is important to the City. Therefore, time being of the essence, bidder proposes that the work will be commenced and will be completed within the time specified in Article 13 of the Instruction to Bidders.

Addenda
Bidder acknowledges receipt of Addenda identified as: # 1

5. Bidder lnformation
(a) Bidder has '14 years of experience as a contractor in construction work (b) Bidder has recently completed the three (3) following construction works:

Contract
Amount
$1,579,221.93
,Class
of Work
Demolition and Eailhwork
Date
Comoleted
October. 2020
Name & Address of Owner
Panama-Buena Vista Union School District
4200 Ashe Road, Bakersfield. CA
Conskuction of .etaining walls, Chain-link Octobef. 2020 County of Orange Public Works Department 300 N Flowef St. Suite 400, Santa Ana, CA $83,01 3.00 Fence. Backflll of $698,000.00
Con.trLction of 4 new slormwaler infil|alion Svstpms
Including, excavahon. inslallalion of unoergrouird September, 2021 basins, rcck and base installation and Gfading work.

Desi gnation of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., listed below is each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or will specifically fabricate and install a portion of the work in an amount in excess of one half of one (0.5%) percent of the total bid.

In the case of bids or offers for the construction of streets or highways, including bridges, listed below is each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or will specifically fabricate and install a portion of the work in an amount in excess of one half of one percent (0.5%) of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Also listed below is the portion of the work which will be done by each subcontractor. (List only one subcontractor for each portion of the work as defined by the bidder in this bid.) [P.C.C. Section 4'1 00 et seq.,] Subcontractor
Name & PWC reqistration #
Location of work
Portion
of work
lmperial Pipe Services
12375 Brown Ave. Riverside. CA
b.

Revised 1 0/201 9
BID PROPOSAL (Part 1)

SECTION III

Page 2 ends

Marina Landscape 1000000079 Anaheim, CA Irrigation, Lanscape Gami Construction Inc. 1000064052 Fontana, CA Concrete
All American Asphalt 1000001051 Corona, CA Asphalt
Crosstown Electrical & Data Inc 1000000151 Irwindale, CA Electrical DRC Engineering Inc 1000007502 Anaheim Hills, CA Surveying Item #11. Page 12
Meeting Date: 3/22/2022 / Packet Page #: 205

7. Attachments
The following documents, signed in accordance with Article 12 of the Instructions to Bidders, are attached to, and made a part of, this bid:
(a) Non Collusion Affidavit, as required by Public Contract Code Section 7106 and made a part of this Bid Proposal at page 5
(b) Required Bid Slcurity in the form o1 Bid Bond
(c) Unit Price List l
(d) Page 5 of the General Conditions initialed by the Contractor at Paragraph 4.03 Liquidated Damages (e) Other pertinent documents (list here and attach to this bid) Dated this Thursday,24 day of February ,2022
IF BIDDER IS:

An lndividual
By_
(lndividual's Name)
doing business as :

Business address:

Phone No.: (_)
A Partnership
(Firm Name)
(General Partner)
Business address:
(Title)
Phone No.: (_)
Revised 1 0/201 I
BID PROPOSAL (Part 1)

SECTION III

Page 3 ends

Item #11. Page 13
Meeting Date: 3/22/2022 / Packet Page #: 206
A Corporation
(State of lncorporation)
{( 5i lcn T
nn",, :ilqt^^r..{--2 %r4( rS*-+
8535 Sultana Avenue, Building "8", Fontana, CA 92335
Phone No.: ( 9og ) 393-6937
AJoint Venture
By
(Address & Phone No.)
By
(Name)
(Address & Phone No.)
Revised 1 0/201 I
BID PROPOSAL (Part 1)

SEGTION III

Page 4 ends

Item #11. Page 14
Meeting Date: 3/22/2022 / Packet Page #: 207

NONCOLLUSION AFFIDAVIT TO BE EXEGUTED BY BIDDER AND

SUBMITTED WITH BID
State of California
County of Los Angeles
lsmael E Rodriguez
, being first duly sworn, deposes and says that he or she is Secretary of Wreck Age Demolition Inc the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, fufther, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
lP.C.C. Section 7'1061
End Section lll - Proposal (Part 1)
Revised 1 0/201 9
BID PROPOSAL (Part 1)

SECTION III

Page 5 ends

Item #11. Page 15
Meeting Date: 3/22/2022 / Packet Page #: 208

Revised 01/2021

AGREEMENT

SECTION V
Page | 0
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
WRECK AGE DEMOLITION INC.

Item #11. Page 16
Meeting Date: 3/22/2022 / Packet Page #: 209
01203.0006/300347.1
Revised 01/2021

AGREEMENT

SECTION V
Page | 1
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
WRECK AGE DEMOLITION INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and WRECK AGE DEMOLITION INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Glendora Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest Item #11. Page 17
Meeting Date: 3/22/2022 / Packet Page #: 210
Revised 01/2021

AGREEMENT

SECTION V
Page | 2
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Gladstone Reservoir Demolition & Parking Lot Improvement Project, Plan # 1242, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

Item #11. Page 18
Meeting Date: 3/22/2022 / Packet Page #: 211
Revised 01/2021

AGREEMENT

SECTION V
Page | 3
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, 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.”
Contractor’s Authorized Initials _______________
Ismael Rodriguez Hernandez
President

Item #11. Page 19
Meeting Date: 3/22/2022 / Packet Page #: 212
Revised 01/2021

AGREEMENT

SECTION V
Page | 4
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially 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 1.10 of this Agreement.

Item #11. Page 20
Meeting Date: 3/22/2022 / Packet Page #: 213
Revised 01/2021

AGREEMENT

SECTION V
Page | 5
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 (d) 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 set, but shall proceed with all work to be performed under the Agreement. 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.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement Item #11. Page 21
Meeting Date: 3/22/2022 / Packet Page #: 214
Revised 01/2021

AGREEMENT

SECTION V
Page | 6
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.

Item #11. Page 22
Meeting Date: 3/22/2022 / Packet Page #: 215
Revised 01/2021

AGREEMENT

SECTION V
Page | 7
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,187,223.50 (One Million One Hundred Eighty Seven Thousand Two Hundred Twenty Three Dollars and Fifty Cents.) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Item #11. Page 23
Meeting Date: 3/22/2022 / Packet Page #: 216
Revised 01/2021

AGREEMENT

SECTION V
Page | 8
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

Item #11. Page 24
Meeting Date: 3/22/2022 / Packet Page #: 217
Revised 01/2021

AGREEMENT

SECTION V
Page | 9
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Item #11. Page 25
Meeting Date: 3/22/2022 / Packet Page #: 218
Revised 01/2021

AGREEMENT

SECTION V
Page | 10
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Ismael Rodriguez Hernandez
President
Ismael Rodriguez
Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Abel Paguio, Civil Engineering Assistant, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the Item #11. Page 26
Meeting Date: 3/22/2022 / Packet Page #: 219
Revised 01/2021

AGREEMENT

SECTION V
Page | 11
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement 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 Agreement 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.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in Item #11. Page 27
Meeting Date: 3/22/2022 / Packet Page #: 220
Revised 01/2021

AGREEMENT

SECTION V
Page | 12
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of Item #11. Page 28
Meeting Date: 3/22/2022 / Packet Page #: 221
Revised 01/2021

AGREEMENT

SECTION V
Page | 13
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Item #11. Page 29
Meeting Date: 3/22/2022 / Packet Page #: 222
Revised 01/2021

AGREEMENT

SECTION V
Page | 14
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, Item #11. Page 30
Meeting Date: 3/22/2022 / Packet Page #: 223
Revised 01/2021

AGREEMENT

SECTION V
Page | 15
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

Item #11. Page 31
Meeting Date: 3/22/2022 / Packet Page #: 224
Revised 01/2021

AGREEMENT

SECTION V
Page | 16
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

Item #11. Page 32
Meeting Date: 3/22/2022 / Packet Page #: 225
Revised 01/2021

AGREEMENT

SECTION V
Page | 17
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

Item #11. Page 33
Meeting Date: 3/22/2022 / Packet Page #: 226
Revised 01/2021

AGREEMENT

SECTION V
Page | 18
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Item #11. Page 34
Meeting Date: 3/22/2022 / Packet Page #: 227
Revised 01/2021

AGREEMENT

SECTION V
Page | 19
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by Item #11. Page 35
Meeting Date: 3/22/2022 / Packet Page #: 228
Revised 01/2021

AGREEMENT

SECTION V
Page | 20
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000.00 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when Item #11. Page 36
Meeting Date: 3/22/2022 / Packet Page #: 229
Revised 01/2021

AGREEMENT

SECTION V
Page | 21
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. 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.

Item #11. Page 37
Meeting Date: 3/22/2022 / Packet Page #: 230
Revised 01/2021

AGREEMENT

SECTION V
Page | 22
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

7.11 Unfair Business Practices Claims.

In entering into this Agreement, 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

Item #11. Page 38
Meeting Date: 3/22/2022 / Packet Page #: 231
Revised 01/2021

AGREEMENT

SECTION V
Page | 23
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Item #11. Page 39
Meeting Date: 3/22/2022 / Packet Page #: 232
Revised 01/2021

AGREEMENT

SECTION V
Page | 24
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials ___________________
Ismael Rodriguez Hernandez
President

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
Item #11. Page 40
Meeting Date: 3/22/2022 / Packet Page #: 233
Revised 01/2021

AGREEMENT

SECTION V
Page | 25
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director Finance/City Treasurer ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

WRECK AGE DEMOLITION, INC.

Name: Ismael Rodriguez Hernandez
Title: President
Email Address: [email protected]
Name: Norma Rodriguez
Title: Vice President
Email Address: [email protected]
Address: 8535 Sultana Ave. Building “B”
Fontana, Ca 92335
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Item #11. Page 41
Meeting Date: 3/22/2022 / Packet Page #: 234
Revised 01/2021

AGREEMENT

SECTION V
Page | 26
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Item #11. Page 42
Meeting Date: 3/22/2022 / Packet Page #: 235
Revised 01/2021

AGREEMENT

SECTION V
Page | 27
Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No 1242

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Item #11. Page 43
Meeting Date: 3/22/2022 / Packet Page #: 236
01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Gladstone Reservoir Demolition & Parking Lot Improvement Project, Plan No. 1242, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project entails demolition of the old existing water reservoir, it will be filled up to grade and landscaped to match the existing ground at the park. Part of the area to be graded will also be used to improve the existing parking lot by adding more parking slots and making it ADA compliance.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Existing Conditions Documentation
B. Bi-Weekly progress Report and Updated Schedule (if modified) IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

Item #11. Page 44
Meeting Date: 3/22/2022 / Packet Page #: 237
01240.0001/535311.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[THIS PAGE INTENTIONALLY LEFT BLANK]
Item #11. Page 45
Meeting Date: 3/22/2022 / Packet Page #: 238
01240.0001/535311.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

Line
Item Item Description Uof M Quantity Unit Price Extension 1 Mobilization/Demobilization & Safety Meetings LS 1 $55,000.00 $55,000.00 2 Site Demolition LS 1 $136,068.00 $136,068.00
3 Reservoir Demolition LS 1 $268,520.00 $268,520.00
4 Earthwork & Grading LS 1 $153,530.00 $153,530.00
5 Asphalt Concrete TON 521 $120.00 $62,520.00
6 Class II Aggregate Base TON 112 $95.00 $10,640.00
7 4” Concrete Curb with 12” Blackouts LF 267 $55.00 $14,685.00 8 6” High Concrete Curb LF 351 $50.00 $17,550.00
9 Chain Link Fence And Gate LS 1 $8,500.00 $8,500.00
10 Import Fill CY 4,680 $10.00 $46,800.00
11 Wheel Stops EA 2 $75.00 $150.00
12 Signing And Striping LS 1 $10,500.00 $10,500.00
13 Concrete Curb And Gutter LF 10 $115.00 $1,150.00
14 Concrete Sidewalk SF 975 $13.00 $12,675.00
15 Concrete Flatwork Adjacent To Basketball Court SF 1,290 $13.00 $16,770.00 16 Curb Ramps EA 4 $3,500.00 $14,000.00
17 Concrete Driveway Per City Std.1.16 SF 880 $18.50 $16,280.00 18 Concrete Driveway Per City Std.1.14 SF 303 $18.50 $5,605.50 19 Removable Bollards EA 10 $1,600.00 $16,000.00
20 0”- 6” Curb Ramps Transition EA 4 $600.00 $2,400.00
21 Electric Service LS 1 $56,000.00 $56,000.00
Item #11. Page 46
Meeting Date: 3/22/2022 / Packet Page #: 239
01240.0001/535311.1 C-2
22 Landscaping-Turf Area (Including Drawing
Submittals) SF 14,800 $4.75 $70,300.00
23 Landscaping-Planting Area (Including Drawing
Submittals) SF 4,020 $13.00 $52,260.00
24 Decomposed Granite Path SF 1,150 $8.00 $9,200.00
25 Mulch CY 92 $110.00 $10,120.00
26 Irrigation (including submittal drawing-see
specifications) LS 1 $110,000.00 $110,000.00
27 Lead Paint Remediation LS 1 $10,000.00 $10,000.00
TOTAL PROJECT BID COST $1,187,223.50
Not To Exceed Total Compensation $1,187,223.50
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Item #11. Page 47
Meeting Date: 3/22/2022 / Packet Page #: 240
01240.0001/535311.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

Description Days to Perform Deadline Date
A. All Work 75 Working Days Dec.30, 2022
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. To Be Determined upon award of the project.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item #11. Page 48
Meeting Date: 3/22/2022 / Packet Page #: 241
01240.0001/535311.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No. 1242;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Million One Hundred Eighty Seven Thousand Two Hundred Twenty Three Dollars and Fifty Cents ($1,187,223.50), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Item #11. Page 49
Meeting Date: 3/22/2022 / Packet Page #: 242
01240.0001/535311.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Item #11. Page 50
Meeting Date: 3/22/2022 / Packet Page #: 243
01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No. 1242;

WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Million One Hundred Eighty Seven Thousand Two Hundred Twenty Three Dollars and Fifty Cents ($1,187,223.50), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice Item #11. Page 51
Meeting Date: 3/22/2022 / Packet Page #: 244
01240.0001/535311.1
of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Item #11. Page 52
Meeting Date: 3/22/2022 / Packet Page #: 245
01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Gladstone Reservoir Demolition and Parking Lot Improvement Project, Plan No. 1242;
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee

Named Insured (Contractor) Insurance Company

Street Number Street Number

City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #11. Page 53
Meeting Date: 3/22/2022 / Packet Page #: 246
01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

Item #11. Page 54
Meeting Date: 3/22/2022 / Packet Page #: 247
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #11. Page 55
Meeting Date: 3/22/2022 / Packet Page #: 248
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #11. Page 56
Meeting Date: 3/22/2022 / Packet Page #: 249
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #11. Page 57
Meeting Date: 3/22/2022 / Packet Page #: 250
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #11. Page 58
Meeting Date: 3/22/2022 / Packet Page #: 251
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #11. Page 59
Meeting Date: 3/22/2022 / Packet Page #: 252
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #11. Page 60
Meeting Date: 3/22/2022 / Packet Page #: 253
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

Item #11. Page 61
Meeting Date: 3/22/2022 / Packet Page #: 254
01240.0001/535311.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

Item #11. Page 62
Meeting Date: 3/22/2022 / Packet Page #: 255
01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #11. Page 63
Meeting Date: 3/22/2022 / Packet Page #: 256
Contract Award for Gladstone Water
Reservoir Demolition and Parking Lot
Improvement Project. Plan # 1242
Public Works, Engineering
City Council
Presenter – Alison Sweet
Item # XX
March 22, 2022
CityOfGlendora.org
Item #11. Page 64
Meeting Date: 3/22/2022 / Packet Page #: 257
Background
• The 97 years old Gladstone Reservoir was built in 1925, receiving water from Irwindale, primary role as holding reservoir for Zone 1.
• In 1992 the Reservoir roof and columns were replaced. • The 2017 Water Master Plan recommended to demolish the Reservoir.
• Design completed 2022.
2 Item #11. Page 65
Meeting Date: 3/22/2022 / Packet Page #: 258
3 PROJECT SCOPE
• Demolition of the old 1.5 MG Water Reservoir originally built in 1925 • Asphalt Paving to increase parking stalls from 26 to 47 • Concrete Sidewalk, Driveway Approach, Access Ramps Curb and Gutter • Landscaping-Turf and Planting drought tolerant plants • Water efficient Irrigation
• Removal of old S.C. Edison transformer and construction of new service pedestal
Item #11. Page 66
Meeting Date: 3/22/2022 / Packet Page #: 259

PROJECT MAP
4 Existing old water reservoir to be demolished, filled and graded for the construction of additional parking
areas.

Item #11. Page 67
Meeting Date: 3/22/2022 / Packet Page #: 260
Gladstone Park Aerial View Before Construction
5 Item #11. Page 68
Meeting Date: 3/22/2022 / Packet Page #: 261
New Parking Areas After Construction
6 Item #11. Page 69
Meeting Date: 3/22/2022 / Packet Page #: 262
Gladstone Park Entrance at Gladstone Avenue
7 Existing Driveway Approach is constructed diagonally and will be replaced Item #11. Page 70
Meeting Date: 3/22/2022 / Packet Page #: 263
8 PROJECT AWARD
• Bid Opening on February 24, 2022
• Engineer’s Estimate $1,292,806.35
• Two(2) Bids were received
• Bids ranged from $1,187,223.50 to $1,666,021.00
• Award to Wreck Age Demolition Inc of Fontana, CA
Item #11. Page 71
Meeting Date: 3/22/2022 / Packet Page #: 264
9 PROJECT TIMELINE
• Award of Contract: March 22, 2022
• Construction Duration: 75 Working Days
• Expected Construction Start: April 25, 2022
• Expected Completion: August 09, 2022
Item #11. Page 72
Meeting Date: 3/22/2022 / Packet Page #: 265
10 PROJECT PROBABLE COST
• Expected Construction Cost: $1,305,946
(includes 10% contingency)
• SCE Design & Transformer Removal Cost: $12,000
• Construction Management: $25,000
• Additional Design Services (CSG): $23,120
• Environmental $75
TOTAL PROJECT COST $1,366,066
Adopted Budget: $949,263
Appropriation Requested: $416,878
Item #11. Page 73
Meeting Date: 3/22/2022 / Packet Page #: 266
11 RECOMMENDATIONS

1. Adopt a Categorical Exemption per CEQA.

2. Award the contract to Wreck Age Demolition Inc. in the amount of $ 1,187,223.50.

3. Authorize the PW Director to execute necessary change orders not exceeding 10% of contract amount.

4. Authorize the Administrative Services Director to appropriate $416,803.00 toward the Project Budget.

5. Authorize the City Manager to execute the Agreement.

That the City Council:

Item #11. Page 74
Meeting Date: 3/22/2022 / Packet Page #: 267

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 22, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: APPROVAL OF FY 2022-2023 BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT

AND CONSIDERATION OF A RESOLUTION ANNOUCING INTENTIONS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2022-2023 FOR THE GLENDORA

VILLAGE BUSINESS IMRPOVEMENT DISTRICT

RECOMMENDATION
That the City Council:

1. Approve the FY 2022-2023 Business Improvement District Annual Report; and

2. Adopt a City Council Resolution entitled, “A Resolution of the City Council announcing intentions to levy and collect assessments for the Fiscal Year 2022-2023 for the Glendora Village Business Improvement District as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highways code section 36500 et seq.).”

EXECUTIVE SUMMARY
The Glendora Municipal Code requires that the Business Improvement District (BID) submit an Annual Report to the City Council no later than June 1st of each year. The Annual Report must contain information regarding assessments and activities for the upcoming fiscal year, pursuant to California Government Code § 36533.

The BID Advisory Board (the Board) has prepared the attached “Annual Report” included as Attachment A for consideration by the Council. The Annual Report includes a recommendation for the following: 1) an assessment schedule for Fiscal Year (FY) 2022-2023 and; 2) a program budget for FY 2022-2023.

In addition to the Annual Report, this item includes a “Resolution of Intent” included as Attachment B to levy assessments for FY 2022-2023. Together, the Resolution of Intent and Annual Report are the initial steps to adopt the proposed assessments and program budget for the upcoming fiscal year.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora BID was established as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.). State Law and the Glendora Municipal Code require that the Business Improvement District (BID) file an “Annual Report” with the City Council, as the initial step to renewing annual assessments each year.

On March 3, 2022 the BID Advisory Board recommended approval of the Annual Report to City Council.

DISCUSSION
The BID Advisory Board (Board) over the course of the February 3rd and March 3rd Board meetings considered and approved a program budget for the upcoming Fiscal Year 2022-2023 (FY23). There are no changes to the assessment methodology for assessments to be collected in the FY23, the current Item #12. Page 1
Meeting Date: 3/22/2022 / Packet Page #: 268
Staff Report Page 2 of 3
methodology and assessments each BID business pays will remain the same. The activity and events are similar to prior years and include expenses such as marketing, landscaping, special events and miscellaneous items such as ambient music, banners and storage. There is, however, one additional expenditure line item recommended. Due to challenges in securing volunteers needed to coordinate events, the Board added a line item of $15,000 for an event coordinator to plan and execute the Wine Walk, Chalk Festival and Friday Night Twilight series. As proposed, budgeted expenditures of $113,400 exceed projected revenues of $99,600 by $13,800 for the FY2023 BID budget.

The Board recommendation for expenditures to exceed revenues will require revenues to be supplemented with funds available in the BID Fund Balance. The BID Fund Balance includes surplus funds, or reserves, not typically used for planned activity unless expenditures exceed revenues. City Council requests that the BID maintain a minimum $10,000 balance in this fund. The BID Fund is estimated to be approximately $104,000 at the conclusion of the current Fiscal Year (June 30, 2022).

While this new activity will reduce the BID Fund by approximately $14,000, it will still leave approximately $90,000 in the reserves, an amount much higher than the minimum $10,000 City Council recommendation.

The BID Advisory Board reviewed the Annual Report on March 3rd and recommended it for approval by the City Council. The Annual Report is included as Attachment A and includes information regarding the assessment methodology, boundaries, and a planned budget with activities for the upcoming fiscal year.

To begin the process necessary to renew assessments for the FY23, City Council must approve the Annual Report and adopt a Resolution of Intent to Levy Assessments for the FY 2022-2023. Approval of the Resolution is followed by a “Public Meeting” and “Public Hearing” where public testimony can be given on the proposed assessment levy and budget. At the Public Hearing, the City Council will hear and consider protests against the assessments. If greater than 50% of the weighted assessed businesses protest the assessment, the proposal would fail and BID assessments shall not be collected in FY 2022- 2023.

ASSESSMENT/BUDGET ADOPTION SCHEDULE
March 3 BID approves the Annual Report
March 22 City Council adopts Resolution of Intent to levy assessments for Fiscal Year 2021-2022 March 30 Letter and Resolution of Intent mailed to all affected businesses (first class mail) May 10 City Council holds Public Meeting to receive testimony on the proposed assessment levy May 24 City Council holds Public Hearing where protests against the assessment levy will be Considered.

FISCAL IMPACT
The proposed budget for Fiscal Year 2022-2023 requires surplus funds in the BID Fund (231), as the proposed expenditures of $113,400 exceed anticipated revenues of $99,600 by $13,800.

ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.

Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Dalel Snider, BID Advisory Board
Reviewed By Jeff Kugel, Director of Community Development Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Item #12. Page 2
Meeting Date: 3/22/2022 / Packet Page #: 269
Staff Report Page 3 of 3
Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Annual Report
B. Resolution of Intent
C. Power Point Slides
Item #12. Page 3
Meeting Date: 3/22/2022 / Packet Page #: 270

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID)
ANNUAL REPORT FOR FISCAL YEAR 2022-2023
This annual report includes a proposed assessment levy and program budget for the fiscal year covering July 1, 2022 through June 30, 2023.

Boundaries and Assessments
There are no proposed changes to the BID boundaries or the assessment methodology. The assessment methodology adopted for the current fiscal year (FY) 2021-2022 will continue to be utilized into the FY 2022-2023. The BID boundary map and assessment methodology are included as Exhibits A and B, respectively.

Improvements and Activities
A line-item budget incorporating the cost of improvements and activities is included with this report as Exhibit C.

Method and basis of levying the assessment
All businesses within the BID are subject to the assessments. Charities, resident farmers, ministers, employees of licensees, certain manual laborers, persons under court order, students, and veterans, as those terms are defined in Glendora Municipal Code Section 5.04.060, shall be exempt from paying the charges and assessments imposed pursuant to this chapter.

The assessment methodology is included with this report as Exhibit B.

Surplus revenue to be carried over from 2021-22 year
Each year the surplus balance within the BID fund carries forward as a reserve account to be utilized in the event that expenditures exceed revenue. The proposed FY 2022-2023 budget (Exhibit C) include expenditures greater than revenues by approximately $13,800, therefore the surplus balance within the BID fund will be reduced by that amount in FY 23.

Funding sources other than assessments
As illustrated in Exhibit C, the BID anticipates generating $53,400 from assessments, $45,000 from events and $1,200 from interest and miscellaneous income. Event revenue is primarily comprised of ticket sales from the Wine Walk Event.

Exhibit A – Glendora Village Business Improvement District Boundary Map Exhibit B – Assessment Methodology
Exhibit C – BID Budget FY 2022-2023
Item #12. Page 4
Meeting Date: 3/22/2022 / Packet Page #: 271
EXHIBIT A – BID BOUNDARY MAP
Item #12. Page 5
Meeting Date: 3/22/2022 / Packet Page #: 272
EXHIBIT B – ASSESSMENT METHODOLOGY
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

1. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.

2. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses

1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license.

Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Item #12. Page 6
Meeting Date: 3/22/2022 / Packet Page #: 273
Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Item #12. Page 7
Meeting Date: 3/22/2022 / Packet Page #: 274
EXHIBIT C – BID BUDGET FY 2022-2023

REVENUES
Assessments 53,400
Wine Walk 40,000
Chalk Festival 5,000
Interest/Miscellaneous Income 1,200
Total 99,600

EXPENDITURES
Marketing/Promotions ($22,500)
Consultant – Website, Graphics, Social Media
Internet Marketing
Print Ads (Newspaper)
Miscellaneous - Street Banners, Promotional Items, etc. 13,200
2,500
5,000
1,800
Landscaping: Maintenance (2x / week) 10,000
Special Events ($72,500)
Wine Walk – WW* 20,000
Chalk Festival – CF* 8,000
Small Business Saturday 4,000
Friday Night Twilight - FNT* 4,000
Halloween Walk 3,500
Holiday Stroll and Santa in the Village 18,000
*Event Coordinator 15,000
Miscellaneous ($8,400)
Seasonal Banners 2,000
Music System 1,000
Storage Rental 2,650
Other Expenses 2,750
Total 113,400
Item #12. Page 8
Meeting Date: 3/22/2022 / Packet Page #: 275
RESOLUTION CC 2022-__

A RESOLUTION OF THE CITY COUNCIL ANNOUNCING

INTENTIONS TO LEVY AND COLLECT ASSESSMENTS FOR THE
FISCAL YEAR 2022-2023 FOR THE GLENDORA VILLAGE BUSINESS

IMPROVEMENT DISTRICT AS PERMITTED BY THE PARKING AND
BUSINESS IMPROVEMENT AREA LAW OF 1989 (CALIFORNIA
STREETS AND HIGHWAY CODE SECTION 36500 et seq.)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the Glendora Village Business Improvement District Board and the City Council of the City of Glendora have determined that the Business Improvement District benefits the Area within the District by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the city’s community at large; and WHEREAS, the Glendora Village Business Improvement District Board has conducted significant outreach to member businesses to formulate a 2022-2023 work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the Mission Statement of the Glendora Village Business Improvement District and California Streets and Highway Code Section 36500 et. seq.; and
WHEREAS, the continuation of the Glendora Village Business Improvement District and the concomitant levy of assessments will promote the economic revitalization of the downtown area of the City, create jobs, attract new businesses, and help prevent the erosion of the Downtown Village Area. In addition, the Glendora Village Business Improvement District enhances and promotes the City, culturally and commercially; and WHEREAS, the City Council desires to conduct a formal hearing on the District Board’s report, proposed budget and proposed assessments for the Fiscal Year 2022-2023.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area of the Business Improvement District for the Fiscal Year 2022-2023.

Item #12. Page 9
Meeting Date: 3/22/2022 / Packet Page #: 276
Resolution CC 2022-___ Page 2 of 9
SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit A and made a part hereof, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett Avenue and the west side of Vista Bonita Avenue, and more specifically described as:
beginning at the intersection of the centerline of Bennett Avenue (80 feet wide) and the centerline of Vermont Avenue (60 feet wide); then easterly along the centerline of said Bennett Avenue to the centerline of Vista Bonita Avenue ( 60 feet wide); thence southerly along the centerline of said Vista Bonita Avenue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora Avenue; thence westerly 219.88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont Avenue ending at the centerline of said Bennett Avenue. The Area map identifying the proposed area is also on file in the office of the city clerk. The Area of the District has not changed.

SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include all “Improvements” and “Activities” permitted under Sections 36510 & 36513 of Streets and Highway Code, specifically: (a) “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains; (b) “Activities” means, but is not limited to, promotion of public events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.

SECTION 4. The City Council of the City of Glendora hereby approves the report approved by the Glendora Village Business Improvement District Board for the fiscal year 2022- 2023. The proposed method and basis of levying the annual assessment for each business in the Area for the fiscal year 2022-2023 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of three elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the Glendora Village Business Improvement District Board for the fiscal year 2022-2023 is on file in the City Clerk’s office and contains a full and detailed description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the fiscal year 2022-2023.

SECTION 6. Should the proposed annual assessment for the fiscal year 2022-2023 be approved, it is the intent that all businesses pay their annual assessment when they obtain, renew or change their businesses license with the City of Glendora.

SECTION 7. The City Council shall not exempt a business recently established in the Area from the levy of the assessments as allowed in Streets & Highways Code Section 36531.

Item #12. Page 10
Meeting Date: 3/22/2022 / Packet Page #: 277
Resolution CC 2022-___ Page 3 of 9
SECTION 8. The City Council hereby sets a public meeting on May 10, 2022 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741, or if Executive Order N-29-20 is still in affect via Zoom at cityofglendora.org/zoom. At that time the City Council shall allow public testimony regarding the 2022-2023 proposed work plan and proposed fiscal year 2022-2023 assessments of businesses within the Area.

SECTION 9. The City Council hereby sets a public hearing on May 24, 2022 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741, or if Executive Order N-29-20 is still in affect via Zoom at cityofglendora.org/zoom. At the public hearing, the City Council shall hear and consider all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made.

Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.

At the conclusion of the public hearing to establish the assessment for the fiscal year 2022-2023, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

However, proposed assessments may only be revised by reducing any or all of them.

SECTION 10. The City Clerk is hereby directed to mail a complete copy of this resolution of intention and a cover letter advising that the City Council has been requested to set the fiscal year 2022-2023 annual assessment as permitted under the California Streets and Highways Code by first-class mail to each business owner in the Area within seven days of the City Council's adoption of this Resolution of Intention. The cover letter shall further advise that a public meeting date has been set where the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area. The cover letter shall further advise that a public hearing date has been set for the City Council to hear oral and written testimony from Item #12. Page 11
Meeting Date: 3/22/2022 / Packet Page #: 278
Resolution CC 2022-___ Page 4 of 9
interested parties and at the end of that public hearing the City Council shall determine if there is sufficient protests equaling 50 percent or more of the assessments proposed to be levied.

SECTION 11. The City Clerk is hereby directed to give notice of said public meeting and public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City of Glendora not less than seven days before the public hearing.

In addition, the City Clerk shall give joint notice of said public meeting and hearing as provided for under Government Code (Section 54954.6) as follows: The joint notice of both the public meeting and the public hearing shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant Gov’t Code Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public hearing shall take place no earlier than seven days after the public meeting. The public hearing shall take place no earlier than 45 days after the first publication of the joint notice.

SECTION 12. Interested persons may contact Valerie Velasquez, Economic Development and Housing Manager, 116 E. Foothill Blvd., Glendora CA 91741, Telephone Number 626-914-8292, to receive additional information about the assessment. Protests against the proposed assessment shall be mailed or delivered to: City Clerk, City of Glendora, 116 E.

Foothill Boulevard, Glendora, California, 91741.

SECTION 13. The Mayor shall sign this Resolution and the same shall take effect upon adoption of this Resolution and shall be enforced in accordance with the terms and conditions thereof.

APPROVED and PASSED this _____day of _________, 2022.

City Council of Glendora, California
BY: ________________________________

KAREN DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
__________________________________
WILLIAM W. WYNDER
City Attorney
Item #12. Page 12
Meeting Date: 3/22/2022 / Packet Page #: 279
Resolution CC 2022-___ Page 5 of 9

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the 22nd day of March, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Dated: March ______, 2022
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #12. Page 13
Meeting Date: 3/22/2022 / Packet Page #: 280
Resolution CC 2022-___ Page 6 of 9
EXHIBIT A – BID AREA MAP
Item #12. Page 14
Meeting Date: 3/22/2022 / Packet Page #: 281
Resolution CC 2022-___ Page 7 of 9
Item #12. Page 15
Meeting Date: 3/22/2022 / Packet Page #: 282
Resolution CC 2022-___ Page 8 of 9
EXHIBIT B – FY 2022-2023 ASSESSMENT METHODOLOGY
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year. ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year. ii. (Tier 2)
a. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.
b. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Item #12. Page 16
Meeting Date: 3/22/2022 / Packet Page #: 283
Resolution CC 2022-___ Page 9 of 9
Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Item #12. Page 17
Meeting Date: 3/22/2022 / Packet Page #: 284
BID FY 2022-2023
Annual Plan
Community Development
City Council Meeting
Item # _
March 22, 2022
Valerie Velasquez, Economic Development and Housing Manager CityOfGlendora.org
Item #12. Page 18
Meeting Date: 3/22/2022 / Packet Page #: 285
2 ANNUAL REPORT
• Annual Report required by State law and Glendora Municipal Code (GMC) • GMC requires submittal to the City Council every year by June 1st • Required to renew assessments;
• Multiple steps require early presentation:
• Budget Review
• Recommend Approval of Annual Report to City Council
• City Council reviews Annual Report and Reso of Intent to Levy • Noticing
• 2 Public Hearings
Item #12. Page 19
Meeting Date: 3/22/2022 / Packet Page #: 286
3 ANNUAL REPORT CONTENTS
• BID Boundaries:
• Activity:
• Assessment
Methodology:
• Surplus Revenue:
• Funding Sources:

No changes, boundaries remain the same.

Line item budget with costs of activity.

No changes, assessments will remain the same.

Surplus funds carry forward to cover funding gap.

In addition to assessments, revenues are
generated through event and interest earned.

Item #12. Page 20
Meeting Date: 3/22/2022 / Packet Page #: 287
4 BID BOUNDARIES Item #12. Page 21
Meeting Date: 3/22/2022 / Packet Page #: 288
5 ASSESSMENT METHODOLOGY
Methodology will remain the same as FY 2021-2022.

Primary Business
• $200 - $600
• Primary Business
• Business Category
• Business Location
Secondary
Business
• $100
• Operates at the
same location but is
subordinate to a
Primary Business
$0 Assessment
Businesses
• $0 – Zero
• Residential
• Side Streets
• Independent
Contractors
Item #12. Page 22
Meeting Date: 3/22/2022 / Packet Page #: 289
6 PROPOSED ADJUSTED BUDGET FY 2022-2023
Revenue
Assessments $53,400
Wine Walk $40,000
Chalk Festival $5,000
Interest/Misc. Income $1,200
Total: $99,600
Expenditures
Marketing $22,500
Landscaping $10,000
Events
Wine Walk*
Chalk Festival*
Small Business Saturday
Friday Night Twilight*
Halloween Walk
Holiday Stroll
*Event Coordinator
$20,000
$8,000
$4,000
$4,000
$3,500
$18,000
$15,000
Miscellaneous $8,400
Total: $113,400
Expenditures exceed revenues by
$13,800, which would be covered
by surplus funds.

Item #12. Page 23
Meeting Date: 3/22/2022 / Packet Page #: 290
7 FUND BALANCE PROJECTIONS (RESERVES)
Date Balance
06/30/2020 (actual) $98,987
06/30/2021 (actual) $116,487
06/30/2022 est. $103,787
06/30/2023 est. $89,987
Council has recommended a minimum fund balance of $10,000.

Item #12. Page 24
Meeting Date: 3/22/2022 / Packet Page #: 291
8 IMPORTANT DATES
February 3 BID Board Reviews FY23 BID budget
March 3 BID Board Approves the Annual Report
March 22 City Council adopts Resolution of Intent to Levy Assessments March 28 Resolution and Annual Report is mailed to affected businesses May 10 City Council holds a Public Meeting
May 24 City Council holds Public Hearing and Protest Votes are tabulated.

Item #12. Page 25
Meeting Date: 3/22/2022 / Packet Page #: 292
9 RECOMMENDATIONS
That the City Council:

1. Approve the FY 2022-2023 Business Improvement District Annual Report; and

2. Adopt a City Council Resolution entitled, “A Resolution of the City Council of the City of Glendora, California, announcing intentions to levy and collect assessments for the Fiscal Year 2022-2023 for the Glendora Village Business Improvement District as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highways code section 36500 et seq.).”
Item #12. Page 26
Meeting Date: 3/22/2022 / Packet Page #: 293

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 22, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: GLENDORA PEOPLE MOVEMENT PROJECT PRIORITIZATION AND AWARD OF CONTRACT SERVICES AGREEMENT TO ALTA PLANNING + DESIGN, INC. FOR $463,130.00 FOR GLENDORA URBAN TRAIL PHASE 2 & 3, PLAN NO. 1313 (STRATEGIC PLAN ITEMS 5-ISED, 49-IMCIF, AND 51-IMCIF)

RECOMMENDATION
That the City Council:

1. Direct staff to prioritize the design and construction of Scenario 1 as presented in the staff report for the first phase of the Glendora People Movement Project;

2. Amend the Capital Improvement Program to combine the Glendora Urban Trail and First/Last Mile Projects into the People Movement Project; and

3. Authorize the City Manager to execute the Professional Services Agreement with Alta Planning + Design, Inc. for design and right-of-way services for Glendora Urban Trail Phase 2 & 3, Plan No. 1313 in the amount of $463,130.00.

EXECUTIVE SUMMARY
The City of Glendora is currently in the planning phase of the Glendora People Movement Project (Project). The Project is a strategic build-out of active transportation and roadway safety projects focused on both Urban Trails and first/last mile improvements. In total, the Project includes over 10 miles of improvements with a total cost of around $21 million. The City is recommended to receive $6.6 million from the San Gabriel Valley Council of Governments (SGVCOG), has secured $300,000 from the Rivers and Mountains Conservancy (RMC), and currently has $1.5 million in committed City CIP funds.

This staff report requests direction from the City Council on how to apply the $6.6 million from the SGVCOG and prioritize elements of the Project. In total staff has prepared four scenarios and is recommending Scenario 1. In all scenarios, there exists a funding gap which intends to be addressed through grant funding opportunities as well as the City’s continued advocacy efforts.

This report also recommends awarding a Professional Services contract to Alta Planning + Design, Inc. for design and right-of-way services for the Glendora Urban Trail System Phase 2 & 3 along the San Dimas Wash.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Project initially consisted of two distinct elements, Urban Trails and first/last mile improvements. The Urban Trails System started in 2011 and has seen one mile completed in 2018 along the San Dimas Wash. The remaining Urban Trails are along the Big and Little Dalton Washes. The City is currently procuring engineering services for final design of the remaining portions of the San Dimas Wash.

In 2018, the City in partnership with the Los Angeles County Metropolitan Transportation Authority (Metro), began planning for access improvements to the Metro L (Gold) Line Glendora Station. Over the past four years, staff has engaged with residents, stakeholders, and our local partners to refine concepts and Item #13. Page 1
Meeting Date: 3/22/2022 / Packet Page #: 294
Staff Report Page 2 of 4
implement demonstration projects.

In March 2021, staff presented the Project to the City Council for approval to apply for a federal transportation earmark. In November 2021, staff presented an update to the City Council on the Project and the funding status.

DISCUSSION
With the award of the $6.6 million from the SGVCOG, staff is recommending the City Council approve a phased approach to the Project. This approach will maximize near-term mobility and safety benefits while allowing time to secure additional funding. Staff has prepared four scenarios for consideration. In all scenarios, the San Dimas Wash is included since it is nearly at final design.

The City currently has available funding on hand $8.442 million. The funding sources include $1.5 million from special revenue funds in the 5-Year Capital Improvement Plan included in the FY 2022 & FY 2023 2- Year Adopted Budget, $300K from the Rivers & Mountains Conservancy, $6.6 million SGVCOG Measure M Subregional Program (MSP) (pending final agreement execution), and $40,000 from Foothill Bus Stop Enhancement Program. Please note that staff is not requesting an additional appropriation as part of this report; the scenarios and related funding gaps are intended to help identify the remaining funding needs based on the direction provided by the City Council. By completing the design work in each scenario, the City will be much more competitive when pursuing future funding opportunities. Staff will subsequently begin with design work on the selected scenario and will actively work to pursue the balance of funds.

Scenario 1
Scenario 1 includes construction of the remaining San Dimas Wash sections, design and construction for Glendora Avenue First/Last Mile Improvements and Little Dalton Wash, and design only for the Big Dalton Wash. Foothill Boulevard, Ada Avenue, and Vermont Avenue would be in a subsequent phase based on funding. As shown in Table 1.1, this would require an additional $1.8 million to complete.

Staff is recommending Scenario 1 as it addresses high-priority elements such as San Dimas Wash, Glendora Avenue, and Little Dalton Wash. These three elements form the backbone of the overall Project.

These elements connect key destinations like Gladstone Park, the Glendora Village, Cullen and Sellers Elementary Schools, Goddard Middle School, and regional transportation options. This scenario is also consistent with the SGVCOG MSP grant submitted. Lastly, these project elements have all undergone various levels of public vetting (either through existing projects, demonstration projects, or workshops).

Table 1.1 – Scenario 1
Scope Cost
San Dimas Wash - Phase 2 and Phase 3 $ 2,899,381.00
Glendora Avenue - Rte. 66 to Foothill Blvd $ 4,275,000.00 Little Dalton - Colby Trail to Finkbiner Park $ 2,543,086.00 Big Dalton Wash Design $ 549,900.00
Total Cost $ 10,267,367.00
Delta $ (1,825,367.00)
Scenario 1
Scenario 2
Scenario 2 is identical to Scenario 1 except Glendora Avenue is replaced with Foothill Boulevard first/last mile improvements. As shown in Table 1.2, this scenario would require an additional $1.6 million to complete.

As with Scenario 1, this would also address high-priority areas such as the APU/Citrus College Station, Citrus College, Glendora Village, Cullen and Sellers Elementary Schools, Goddard Middle School, Item #13. Page 2
Meeting Date: 3/22/2022 / Packet Page #: 295
Staff Report Page 3 of 4
numerous parks, and regional transportation options. However, by contrast, Foothill Boulevard first/last mile improvements has not received the same level of public vetting as Glendora Avenue. Staff recommends funding Foothill Boulevard with other transportation grants as it would likely be a very competitive project.

Table 1.2 – Scenario 2
Scope Cost
San Dimas Wash - Phase 2 and Phase 3 $ 2,899,381.00
Foothill Boulevard - Citrus Ave. to Vista Bonita Ave. $ 4,010,454.68 Little Dalton - Colby Trail to Finkbiner Park $ 2,543,086.00 Big Dalton Wash Design $ 549,900.00
Total Cost $ 10,002,821.68
Delta $ (1,560,821.68)
Scenario 2
Scenario 3
Scenario 3 focuses on the first/last mile corridors and the San Dimas Wash. Scenario 3 provides the regional connectivity noted above. As shown in Table 1.3, Scenario 3 requires substantially more investment then Scenarios 1 and 2. Given the cost of Scenario 3, staff does not recommend selecting this option.

Table 1.3 – Scenario 3
Scope Cost
San Dimas Wash - Phase 2 and Phase 3 $ 2,899,381.00
Glendora Avenue - Rte. 66 to Foothill Blvd $ 4,275,000.00 Foothill Boulevard - Citrus Ave. to Vista Bonita Ave. $ 4,010,454.68 Big Dalton Wash Design $ 549,900.00
Total Cost $ 11,734,735.68
Delta $ (3,292,735.68)
Scenario 3
Scenario 4
Scenario 4 focuses on the Urban Trail system. Scenario 4 provides substantial intracity mobility and safety benefits. As shown in Table 1.4, Scenario 4 also requires substantial funding to complete. As with Scenario 3, staff does not recommend selecting this option due to cost.

Table 1.4 – Scenario 4
Scope Cost
San Dimas Wash - Phase 2 and Phase 3 $ 2,899,381.00
Little Dalton - Colby Trail to Finkbiner Park $ 2,543,086.00 Big Dalton - Lower Monroe Trail to Barranca Avenue $ 5,606,457.00 Glendora Avenue Design $ 670,000.00
Total Cost $ 11,718,924.00
Delta $ (3,276,924.00)
Scenario 4
Item #13. Page 3
Meeting Date: 3/22/2022 / Packet Page #: 296
Staff Report Page 4 of 4
Glendora Urban Trail Phase 2 & 3 Design and Right-of-Way Contract As noted above, the Glendora Urban Trail System along the San Dimas Wash is ready to enter final design. This phase includes public outreach, preparing final plans and cost estimates, and securing construction permits from the US Army Corps of Engineers and the LA County Flood Control District. Staff received four responsive bids with Alta Planning + Design, Inc. scoring the highest. In addition, staff found Alta Planning + Design, Inc. being the best value given their previous experience with various design, outreach, and planning activities in Glendora. The total cost of Alta’s proposal is $463,130.00

FISCAL IMPACT
Based on the decision of the City Council, staff will seek to identify the required funds to fully fund the selected scenario. Currently, the committed CIP funds are restricted transportation revenues. Staff will return with the formal funding agreement with the SGVCOG when ready.

The current FY2022 and FY2023 budget includes funding for design for both the Urban Trails and First/Last Mile projects. To expedite project delivery, staff is recommending combining the separate projects into one People Movement Project. This would reallocate funding for the recommended design contract as well as set-up the remaining match for the forthcoming SGVCOG MSP grant. No additional appropriations are needed in FY2022 for the design contract. The funding sources for the design contract are Fund 203 Transportation Development Act, Fund 222 Measure R, and Fund 255 Measure M. All three funds are restricted to transportation projects and this action does not impact the General Fund.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Steven Mateer, Transportation Manager
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Scenario Maps
B. RFP No. 8103038 PS&E and ROW for Glendora Urban Trails Phase 2 and 3 Reviewer Sheets C. Professional Services Contract with Alta Planning + Design, Inc.

D. Staff Presentation
Item #13. Page 4
Meeting Date: 3/22/2022 / Packet Page #: 297
Attachment A – Scenario Maps
Scenario 1
Item #13. Page 5
Meeting Date: 3/22/2022 / Packet Page #: 298
Scenario 2
Item #13. Page 6
Meeting Date: 3/22/2022 / Packet Page #: 299
Scenario 3
Item #13. Page 7
Meeting Date: 3/22/2022 / Packet Page #: 300
Scenario 4
Item #13. Page 8
Meeting Date: 3/22/2022 / Packet Page #: 301
People Movement Buildout
Item #13. Page 9
Meeting Date: 3/22/2022 / Packet Page #: 302
Attachment B
RFP No. 8103038 PS&E and ROW for Glendora Urban Trails Phase 2 and 3 Reviewer Sheets Alta ESRC IDS JMD
Firm Experience/technical capabilities 30 28 24 28 28
Project team experience 30 28 28 28 28
Design approach to performing work 30 28 26 24 26
Cost 10 8 6 8 4
Total 100 92 84 88 86
Alta ESRC IDS JMD
Firm Experience/technical capabilities 30 30 27 28 30
Project team experience 30 30 27 28 30
Design approach to performing work 30 29 28 26 27
Cost 10 8 6 8 5
Total 100 97 88 90 92
Alta ESRC IDS JMD
Firm Experience/technical capabilities 30 30 28 30 30
Project team experience 30 30 29 30 28
Design approach to performing work 30 28 29 28 27
Cost 10 8 5 7 6
Total 100 96 91 95 91
Alta ESRC IDS JMD
Firm Experience/technical capabilities 30 29.3 26.3 28.7 29.3 Project team experience 30 29.3 28.0 28.7 28.7
Design approach to performing work 30 28.3 27.7 26.0 26.7 Cost 10 8.0 5.7 7.7 5.0
Total 100 95.0 87.7 91.0 89.7
Reviewer #1 Rating Criteria Max Points
Criteria Max Points Reviewer #2 Rating
Criteria Max Points Reviewer #3 Rating
Criteria Max Points Average Rating
Item #13. Page 10
Meeting Date: 3/22/2022 / Packet Page #: 303
Attachment C
Contract Services Agreement
Item #13. Page 11
Meeting Date: 3/22/2022 / Packet Page #: 304

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
ALTA PLANNING + DESIGN, INC.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 12
Meeting Date: 3/22/2022 / Packet Page #: 305
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
ALTA PLANNING + DESIGN, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 22nd day of March, 2022 by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”) and ALTA PLANNING + DESIGN, INC., a California Corporation with offices located at 711 SE Grand Avenue Portland, OR 97214 (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
/ / /

1.2 Consultant’s Proposal.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 13
Meeting Date: 3/22/2022 / Packet Page #: 306
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 2
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 14
Meeting Date: 3/22/2022 / Packet Page #: 307
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 3
Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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.” Consultant’s Authorized Initials ___________________
Steven Frieson, Vice President as duly authorized
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 15
Meeting Date: 3/22/2022 / Packet Page #: 308
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 4
against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
/ / /

1.10 Special Requirements.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 16
Meeting Date: 3/22/2022 / Packet Page #: 309
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 5
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $463,130 (Four hundred sixty-three thousand one-hundred thirty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.

The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 17
Meeting Date: 3/22/2022 / Packet Page #: 310
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 6
correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for two (2) additional one-year terms by giving advance written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term and any extended Terms. / / /
/ / /
ARTICLE 4. COORDINATION OF WORK
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 18
Meeting Date: 3/22/2022 / Packet Page #: 311
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 7

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Steven Frieson, Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Steven Mateer, or such person as may be designated by the City Manager.

It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 19
Meeting Date: 3/22/2022 / Packet Page #: 312
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 8
City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement 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 Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 20
Meeting Date: 3/22/2022 / Packet Page #: 313
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 9
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 21
Meeting Date: 3/22/2022 / Packet Page #: 314
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 10
clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 22
Meeting Date: 3/22/2022 / Packet Page #: 315
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 11
harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 23
Meeting Date: 3/22/2022 / Packet Page #: 316
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 12
Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.

Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 24
Meeting Date: 3/22/2022 / Packet Page #: 317
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 13
Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 25
Meeting Date: 3/22/2022 / Packet Page #: 318
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 14

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 26
Meeting Date: 3/22/2022 / Packet Page #: 319
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 15
any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 27
Meeting Date: 3/22/2022 / Packet Page #: 320
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 16

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.

Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
Steven Frieson, Vice President
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 28
Meeting Date: 3/22/2022 / Packet Page #: 321
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 17
and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 29
Meeting Date: 3/22/2022 / Packet Page #: 322
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Director of Administrative Services/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Alta Planning + Design, Inc.

Name: Steven Frieson ,
Title: Vice President, as duly authorized
Email Address: [email protected]
Address: 711 SE Grand Avenue, Portland, OR 97214
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA March 4, 2022 | 11:49 AM PST
Item #13. Page 30
Meeting Date: 3/22/2022 / Packet Page #: 323
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 19

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 31
Meeting Date: 3/22/2022 / Packet Page #: 324
Glendora Urban Trails Phase 2 & 3, Plan No. 1313 20

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 32
Meeting Date: 3/22/2022 / Packet Page #: 325
01240.0001/535308.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Project Management
i. Consultant will provide overall project management and team coordination from project inception to closeout. Quality work, cost control, and schedule compliance will result from a systematic management program tailored to the Glendora Urban Trail and Greenway Network Phase 2 and Phase 3 Improvements project.
ii. Consultant will direct the activities of the project team, including subconsultants, throughout the life of the project. They will prepare agendas, minutes, and action items and conduct project progress meetings as required. It is assumed that project progress meetings will be conducted on a monthly basis, at a minimum.

The Consultant will prepare monthly invoices, status reports, and project schedule updates for submission to the City Project Manager. In addition, the consultant will maintain an action item list to track critical activities, including responsible parties, due dates, and deliverables beyond those defined in various tasks of this scope.
iii. Consultant will host an in-person project kick-off meeting and recurring project progress meetings with the consultant team, City Project Manager, and staff, and when appropriate, Los Angeles County Public Works and other stakeholders.

During the kick-off meeting they will discuss project goals, objectives, and related constraints and opportunities with City staff to determine the design parameters and schedule. They will discuss landscaping opportunities, known utility conflicts, bike path design, and lessons learned from Phase 1. The kickoff meeting will also provide an opportunity to introduce the Consultant team to City staff and discuss team member roles and responsibilities on the project. After each submittal and City review period, the consultant team will meet with the City for a project progress meeting. The project progress meeting is not only a check-in on the project status and schedule, but an opportunity for the City and Consultant team to verbally discuss City comments and project concerns.

B. Field Survey and Data Collection
i. Consultant will review the existing topographic survey that was conducted for Phases 1, 2, and 3. They will research and obtain additional as-built drawings for the project area, including pertinent street improvement, traffic signal, signing and striping, and drainage plans from the City and the County of Los Angeles.

They will conduct field investigations to verify all existing features on the existing topography survey and identify missing relevant features. The review will also include work necessary to inspect the project site with respect to needs DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 33
Meeting Date: 3/22/2022 / Packet Page #: 326
01240.0001/535308.1 A-2
for preparing 95% and 100% engineering design plans, including ADA accessibility and compliance. The field investigation will consist of thorough site investigations with City staff to identify design issues. During each visit, the Consultant team will document the existing site condition with photographs. If additional surveying is needed to complete the design, upon request and approval, Alta will coordinate with Coast to perform isolated topographic design surveys for conformance with the existing design.

C. Final PS&E
i. Consultant will review and finalize the 65% design PS&E that were prepared for Phases 2 and 3. They will coordinate with the City to obtain record drawings from Phase 1, obtain all comments received from LACFCD and USACE to maintain continuity for Phases 2 and 3. They will review previous landscape, irrigation, and amenity designs and summarize proposed changes via a set of illustrated and annotated plans. They will meet with the City and LACFCD to review proposed changes to existing designs. They will prepare a revised planting palette for submission to the Community Services Department. ii. Upon approval from the City, the Consultant will commence on developing final construction documents (PS&E). Construction documents will be prepared for 95% and 100% engineering design level completion. The 95% and 100% (Final) improvement plans will identify limits of improvements, including the AC and DG path, sidewalk, ADA compliant curb/driveway access ramps, trail pavement requirements, limits of removals, landscape and irrigation, trail amenities, utilities, wayfinding, signage and striping for the Class I bike lane, and applicable pedestrian hybrid beacon improvements. In addition, the plans will include cross sections at intervals necessary to construct the trail. The construction cost estimate will be developed based on itemized quantity take-offs of pavement recommendations, landscaping, civil improvements, signage and striping, and traffic signal modifications at each submittal. An Excel file and PDF of the construction estimates will be provided to the City.
iii. Concurrent to construction documents, the Consultant will prepare a series of interpretive signs to be installed at new pocket parks. These will each focus on a specific theme, related to local ecology and history. Interpretive themes and content will be discussed with both the city and RMC, and drafts will be circulated for review prior to the production of fabrication-ready artwork.

D. Permits and Local Agency Assistance Support (LACFD, USACE, RMC) i. Consultant will assist the City’s Project Manager in securing permit approvals for construction and preparing application packages, communicating and coordinating with the permitting and approving agencies including all requirements in the construction documents. These agencies, which include LACFCD, USACE, and the City of Glendora.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 34
Meeting Date: 3/22/2022 / Packet Page #: 327
01240.0001/535308.1 A-3
E. ROW Survey Support Services
i. The Consultant Team will verify the existing right-of-way mapping by researching record documents and taking sufficient field measurements to accurately determine the right-of-way location. They will prepare an appraisal map that details the information for the land parcels adjacent to the project right-of-way. In addition, they will prepare legal descriptions and exhibits for potential right-ofway acquisitions, easements and temporary construction easements, for up to 10 parcels.
ii. The Consultant will obtain the necessary permissions to construct, operate, and maintain the proposed path. The Consultant team will provide acquisition negotiation services for up to 10 parcel ownerships impacted by this project. The Consultant team will obtain and review title reports for the affected parcels and assist in clearing the necessary encumbrance prior to closing, if feasible. iii. In addition, the Consultant team will facilitate recording and payment as part of the pre-closing process. Once the Consultant has obtained the property owner’s and City’s signature on acquisition agreement(s), they will open escrow, oversee the escrow process and deliver documents to the City for execution F. Utility Survey and Services
i. Consultant will review the existing utility base file, utility correspondence log, and available maps and records from utility owners with facilities within the project limits. They will field verify that the utilities are plotted correctly. They will request additional maps and records of utilities from utility agencies if additional information is deemed necessary. If additional maps are needed, the Consultant will work with the City’s Project Manager to send utility notification letters to those utility agencies and update the utility correspondence log. The need for utility relocations is not anticipated; however, they will confirm so early in the 95% design process. Coordination with affected utilities will continue throughout the design process to identify any conflicts resulting from proposed improvements, resolve them prior to construction, or incorporate into the contractor’s responsibility.

G. Cost Estimate
i. The Consultant prepared an Engineer’s Estimate for the City in the fall of 2021. It will be used as the basis for the Preliminary Opinion of Probable Project Cost for Phase 2 and 3 improvements. They will work with their right-of-way specialist to include right-of-way acquisition/easement costs in the overall project cost for Phases 2 and 3. Consideration will be given to any unique staging and permit requirements set forth by approving agencies.

H. Public Outreach (English, Spanish, Arabic)
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 35
Meeting Date: 3/22/2022 / Packet Page #: 328
01240.0001/535308.1 A-4
i. The Consultant will provide community brokering support during each phase of the project. The Consultant team will provide community outreach activities as defined in the RFP, including attendance at two public workshops to reintroduce the project to the community and stakeholders. These will occur after the City receives feedback from LACFCD and prior to the 95% project milestone. The Consultant team will perform the following outreach events:
 Greenway Get Together: Three pop-up events to solicit input from the public on Saturdays. The date will be determined during the kickoff meeting. They will facilitate the event and anticipate the gates along the trail to be open. The Consultant team will set up a 10-foot x 10-foot canopy, faux trees and plants, temporary seating (Adirondack chairs), temporary shade (parachute), sandwich boards/wayfinding, and input boards/materials. Each event will be scheduled at different times (e.g., 7am-11am; 9am-1pm; 11am-3pm) to capture feedback from different community members.
 Glendora Greenway Ride + Workshop: A guided tour of existing and proposed Glendora Urban Trails, including refreshments and followed by a workshop stop to collect public feedback. This event could also serve as a ‘bike audit with multiple stops for participants to learn about the project and provide suggestions on pre-printed note cards. Three to four e-bikes could be made available for participants upon request.
ii. Once the above workshops are approved by the City’s Project Manager, the Consultant will work with City staff to plan, organize, and hold the events. The team will prepare color graphic presentation boards and handouts illustrating the design concept for use at the public workshop/community outreach meeting.

Additionally, they will issue three social media posts about the project, one mass text message to the 20,000 registered voters in Glendora, send one community Every Door Direct Mail (EDDM) focused on households adjacent to the trail, one local media press release, and drone photography/videography of the corridor during the community ride workshop.

I. Construction Support Services
i. Bid Phase: Consultant will support the City throughout the bidding process. They will participate in one pre-bid meeting, prepare responses to requests for clarification or information, prepare addendums to the plans and specifications if needed, and assist the City in the evaluation of the bids. The Consultant assumes 30 hours for this task. Hours beyond will be considered extra work and provided on a time and materials basis, only with pre-approval by the City. ii. Construction Phase: Consultant will provide ongoing design support during the construction. They will review and respond accordingly to Requests for DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 36
Meeting Date: 3/22/2022 / Packet Page #: 329
01240.0001/535308.1 A-5
Information (RFIs), review and approve Contractor’s shop drawings and submittals, review change orders, and attend up to three field meetings. iii. Record Drawing: Consultant will verify that the contractor maintains an accurate record of all changes in the plans and special provisions including those under change orders, RFIs, addendum, and any additional details needed for the construction of the project but not shown on the plans. They will work with the Contractor to maintain an updated set of record drawings denoting deviations from the design drawings during construction. They will review and compile these drawings, which will be transmitted to the City at the end of the project.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Project Management
i. Project kick-off meeting, subsequent meeting agendas, minutes, project schedule (including bi-weekly updates), quality assurance plan, progress reports, and invoices.

B. Field Survey and Data Collection
i. Draft and final technical memo describing the findings and requesting additional information, if needed. Project base mapping will be updated with the supplemental survey data as appropriate.

C. Final PS&E
i. Two hardcopy design plans (24” x 36”); an electronic PDF of design plans, AutoCAD files
ii. Two hardcopy Specifications and Estimate, and electronic PDFs of the Specification and Estimate at each submittal (95%, and 100%). We will provide Adobe Illustrator and AutoCAD files for all design construction drawings for signage and wayfinding improvements. In addition, we will provide a response matrix documenting City comments received and proposed solutions.

D. Permits and Local Agency Assistance Support (LACFD, USACE, RMC) i. Communication/Correspondence Permit Matrix; LAFCD Control Permit documentation
ii. Submittal of acceptable plant pallet and other features consistent with RMC grant
E. ROW Survey Support Services
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 37
Meeting Date: 3/22/2022 / Packet Page #: 330
01240.0001/535308.1 A-6
i. Prepare an appraisal map that details the information for the land parcels adjacent to the project right-of-way. Prepare legal descriptions and exhibits for potential right-of-way acquisitions, easements and temporary construction easements, for up to 10 parcels. Facilitate recording and payment of the preclosing process and support property acquisitions.

F. Utility Survey and Services
i. Updated Utility Correspondence Log and AutoCAD Utility Base Map G. Cost Estimates
i. Prepare Probable Cost Estimates
H. Public Outreach (English, Spanish, Arabic)
ii. Draft and final memorandum detailing the community outreach event and summarizing comments from residents and stakeholders. In addition, agendas, sign-in sheets, feedback comment cards, and event photography/ videography.

I. Construction Support Services
i. Attend the pre-bid meeting, as well as prepare, responses to Requests for Information (RFIs), and addendum sheets if needed RFI & submittal responses; Construction kick-off meeting attendance, Final as-built plans III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Email status updates summarizing questions, progress, and deliverables.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

The City will provide the Consultant team with consolidated review comments after each submittal from the various reviewers within Public Works. Consultant assume the City will need a maximum of two weeks to review plans at each submittal phase. This period is acknowledged in the project schedule.

V. The Scope of Services Shall Not Include:

1. Geotechnical services, geologic reports and testing and observation during implementation.

2. Utility relocation design, and coordination.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 38
Meeting Date: 3/22/2022 / Packet Page #: 331
01240.0001/535308.1 A-7

3. Acquisition negotiations with LACFCD and the City are not required, and preliminary title reports will be provided. Consultant assumes that eminent domain support will include impasse letters and copies and owner files and diaries sent to the attorney. Additional eminent domain services can be provided for an additional fee.

4. The City will pay all permit costs that are associated with the project delivery, including but not limited to a LACFCD permit.

5. Consultant will require assistance from the City’s Project Manager with a database of potentially interested parties within a 300 feet radius of the project to engage in the outreach process.

VI. Consultant will utilize the following personnel to accomplish the Services:

A. Steven Frieson, Principal in Charge/ Project Manager - $300/ hr B. Vincent Hellens, Assistant Project Manager - $240/ hr C. James Powell, Landscape Architect - $225/ hr
D. Markos Legesse, Civil Engineer - $195/ hr
E. Ryan Johnson, Community Engagement - $180/ hr
F. Talia Agazaryan, Engineer II - $151/ hr
G. Sean Carter, Landscape Designer - $138/ hr
H. Zara Gomez, Landscape Designer - $151/ hr
Sandy Yang, Project Coordinator - $98/ hr
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 39
Meeting Date: 3/22/2022 / Packet Page #: 332
01240.0001/535308.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

Section 1.1 of the Agreement is amended to provide as follows:

Section 5.2(f) of the Agreement is amended to provide as follows:

Waiver of subrogation. Except for Professional Liability, all insurance coverage maintained or procured pursuant to this agreement shall provide or be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Section 5.3 of the Agreement is amended to provide as follows:

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 40
Meeting Date: 3/22/2022 / Packet Page #: 333
01240.0001/535308.1 B-2
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on accessors and assigns of Consultant and shall survive termination of this agreement.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 41
Meeting Date: 3/22/2022 / Packet Page #: 334
01240.0001/535308.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

DESCRIPTION TIME SUB-BUDGET
A. Project
Management
161 hours $31,052.00
B. Field Survey and
Data Collection
120 hours $22,656.00
C. Final PS&E 662 hours $111,740.00
D. Permits and Local
Agency
Assistance
Support (LACFD,

USACE, RMC)
168 hours $37,512.00
E. ROW Survey
Support Services
536 hours $54,317.00
F. Utility Survey and
Services
36 hours $6,266.00
G. Cost Estimate 30 hours $5,400.00
H. Public Outreach
(English, Spanish,
Arabic)
148 hours $26,882.00
I. Construction
Support Services
66 hours $12,544.00
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 42
Meeting Date: 3/22/2022 / Packet Page #: 335
01240.0001/535308.1 C-2
Verify Right of
Way
$16,936
Appraisal Map $7,340
Supplemental
Survey
$26,000
Legal Description
& Plats (Up to 10)
$28,386
Community
Engagement
(Active SGV)
$30,000
Community
Engagement (San
Gabriel Valley
Conservation
Corps)
$5,000
Reimbursables $41,100
I. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 43
Meeting Date: 3/22/2022 / Packet Page #: 336
01240.0001/535308.1 C-3
B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

IV. Consultant’s billing rates for all personnel are as shown below:

A. Steven Frieson, Principal in Charge/ Project Manager - $300/ hr B. Vincent Hellens, Assistant Project Manager - $240/ hr C. James Powell, Landscape Architect - $225/ hr
D. Markos Legesse, Civil Engineer - $195/ hr
E. Ryan Johnson, Community Engagement - $180/ hr
F. Talia Agazaryan, Engineer II - $151/ hr
G. Sean Carter, Landscape Designer - $138/ hr
H. Zara Gomez, Landscape Designer - $151/ hr
I. Sandy Yang, Project Coordinator - $98/ hr
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 44
Meeting Date: 3/22/2022 / Packet Page #: 337
01240.0001/535308.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule (based on a March 3, 2022 NTP):

Description Days to Perform Deadline Date
A. Project
Management
161 days October 12, 2022
B. Field Survey and
Data Collection
13 days March 21, 2022
C. Final PS&E 103 days August 2, 2022
D. Permits and
Local Agency
Assistance
Support
(LACFD,

USACE, RMC)
60 days August 2, 2022
E. ROW Survey
Support Services
205 days December 29, 2022
F. Utility Survey
and Services
87 days July 11, 2022
G. Cost Estimate 30 days June 2, 2022
H. Public Outreach
(English,
Spanish, Arabic)
36 days August 2, 2022
I. Construction
Support Services
120 days June 14, 2023
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Final PS&E August 2, 2022
B. Final ROW documentation December 29, 2022
DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 45
Meeting Date: 3/22/2022 / Packet Page #: 338
01240.0001/535308.1 D-2
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

DocuSign Envelope ID: 821A82F5-A6BD-46E0-9ADB-3CD6A07CDFEA Item #13. Page 46
Meeting Date: 3/22/2022 / Packet Page #: 339
Glendora People
Movement Prioritization
Community Development
City Council
Item #
March 22, 2022
CityOfGlendora.org
Item #13. Page 47
Meeting Date: 3/22/2022 / Packet Page #: 340
2 BACKGROUND
• Urban Trails
• First/last mile
• People Movement
Item #13. Page 48
Meeting Date: 3/22/2022 / Packet Page #: 341
3 SCENARIOS FOR CONSIDERATION
• $21 million investment
• Over 10 miles of improvements
• $6.6 million from SGVCOG
• $1.5 million in CIP
• Need to set priority and phasing
Item #13. Page 49
Meeting Date: 3/22/2022 / Packet Page #: 342
4 SCENARIO 1
• Elements
• Glendora Avenue
• Little Dalton Wash
• San Dimas Wash
• Funding
• Requires $1.8 million
• Total Cost - $10.3 million
Item #13. Page 50
Meeting Date: 3/22/2022 / Packet Page #: 343
5 SCENARIO 2
• Elements
• Foothill Boulevard
• Little Dalton Wash
• San Dimas Wash
• Funding
• Requires $1.5 million
• Total Cost - $10.0 million
Item #13. Page 51
Meeting Date: 3/22/2022 / Packet Page #: 344
6 SCENARIO 3
• Elements
• Foothill Boulevard
• Glendora Avenue
• San Dimas Wash
• Big Dalton Design
• Funding
• Requires $3.3 million
• Total Cost - $11.7 million
Item #13. Page 52
Meeting Date: 3/22/2022 / Packet Page #: 345
7 SCENARIO 4
• Elements
• Big Dalton Wash
• Little Dalton
• San Dimas Wash
• Glendora Avenue Design
• Funding
• Requires $3.2 million
• Total Cost - $11.7 million
Item #13. Page 53
Meeting Date: 3/22/2022 / Packet Page #: 346
8 GLENDORA URBAN TRAIL DESIGN AND RIGHT-OF-WAY SUPPORT CONTRACT • Final design and right-of-way for Phase 2 and Phase 3 • Staff recommends Alta Planning + Design, Inc.
• Highest score and second lowest cost
• Total contract value of $463,130.00
• Utilize CIP project budget
Item #13. Page 54
Meeting Date: 3/22/2022 / Packet Page #: 347
9 NEXT STEPS
• Pending award, issue notice to proceed to Alta
• Execute funding agreement with SGVCOG (May or June 2022) • Host design workshops
• Issue design RFPs for selected scenarios
Item #13. Page 55
Meeting Date: 3/22/2022 / Packet Page #: 348
10 That the City Council:

1. Direct staff to prioritize the design and construction of Scenario 1 as presented in the staff report for the first phase of the Glendora People Movement Project;

2. Amend the Capital Improvement Program to combine the Glendora Urban Trail and First/Last Mile Projects into the People Movement Project; and

Item #13. Page 56
Meeting Date: 3/22/2022 / Packet Page #: 349

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 22, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: GLENDORA OUTDOOR DINING (STRATEGIC PLAN ITEM 4 - ISED)

RECOMMENDATION
That the City Council:

1. Provide input and comment on proposed update and revision of the Glendora Village outdoor dining program.

EXECUTIVE SUMMARY
In Spring 2020, in response to the COVID-19 pandemic, the City expanded outdoor dining to assist restaurants in remaining open to serve customers. This resulted in the installation of seven permanent parklets to the restaurants in the Village. After months of monitoring the installed parklets, staff is proposing to implement and update the outdoor dining processes, combining both sidewalk dining and parklet dining into one universal application and manual. The purpose of this report is to provide an update on this project and solicit input prior to implementation.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In Spring 2020, the City Council adopted the Glendora Village Parklet Manual along with the award to build seven permanent parklets within the Glendora Village. Sidewalk dining is permitted in the Village pursuant to Glendora Municipal Code (GMC) Section 21.06.070.O.

DISCUSSION
Background
The parklet program within the Glendora Village is popular among local residents and visitors. Since installation of the parklets in September 2021, City staff has monitored the parklets and outdoor dining along Glendora Avenue. Although most restaurants follow the sidewalk and parklet dining regulations, it is evident that a more robust and updated policy is required to maintain compliance with adopted regulations.

While most businesses comply with outdoor dining regulations, there are issues that have not been addressed and corrected. In addition, outdoor dining regulations are not strictly enforced. In an effort to be more consistent and effective, staff proposes to implement an updated policy and process for outdoor dining in the Glendora Village.

The draft universal outdoor dining manual includes rules similar to the parklet manual adopted by City Council in Spring 2020. The draft manual also incorporates regulations in the GMC that cover outdoor dining in the Village. This new outdoor dining manual titled Dine Glendora, includes an introduction to the City’s outdoor dining policies and regulations for any interested businesses.

This new manual provides information on the City’s two outdoor dining policies which include Sidewalk Dining and Parklet Dining. There will also be sections pertaining to the application/permitting process, annual fees and renewal, and standards and requirements for both sidewalk and parklet dining. New Item #14. Page 1
Meeting Date: 3/22/2022 / Packet Page #: 350
Staff Report Page 2 of 2
application forms and documentation will be created for specifically for outdoor dining. This application form will cover permits for businesses to utilize sidewalk and/or parklet dining.

The Dine Glendora program will also require an update to the Glendora Municipal Code (GMC). Current outdoor dining regulations are covered in GMC Section 21.06.070.O. Staff intends to revise current sections of the outdoor dining regulations and add another section for parklet outdoor dining.

Collaboration with the City attorney will be required to draft the necessary verbiage and remain in compliance with all state and local laws. An ordinance amending the outdoor dining regulations will require public hearings before the Planning Commission and City Council.

Next Steps
Staff will continue to research and draft a final outdoor dining manual while also concurrently working on new outdoor dining forms, along with the collaboration with the City Attorney on an ordinance. Staff will return at a later date with a finalized outdoor dining manual and new forms for adoption of an ordinance.

FISCAL IMPACT
Any fees to be charged for the processing of an application for a permit will be calculated in compliance with State law and brought back to the City Council for consideration and adoption.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Vanessa Mikhail, Management Analyst
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Draft Dine Glendora Manual
B. Staff Presentation
Item #14. Page 2
Meeting Date: 3/22/2022 / Packet Page #: 351
Dine Glendora June 2022
Glendora
Dine
Item #14. Page 3
Meeting Date: 3/22/2022 / Packet Page #: 352
Dine Glendora June 2022

TABLE OF CONTENTS
Introduction
Outdoor Dining Permit Process
Annual Fees & Renewal
Sidewalk Dining Standards and Requirements
Parklet Dining Standards and Requirements
Resources
Item #14. Page 4
Meeting Date: 3/22/2022 / Packet Page #: 353
Dine Glendora June 2022

DINE GLENDORA MANUAL
This manual is an overview of the goals, policies, processes, procedures, and guidelines of for Glendora’s outdoor dining. Interested applicants in the City of Glendora are strongly encouraged to read this manual in its entirety when they are thinking about applying for outdoor dining. Understanding what the program is trying to achieve and the process and regulations for successful outdoor dining may reduce the time it takes to receive a permit and will result in success.

Please read carefully to determine which outdoor dining option is best for your business. This new outdoor dining process aims to help restaurants by providing dining options for more usable areas through one universal application process. This updated program is in conjunction with the Glendora Municipal Code (GMC). This new outdoor dining permit is a revocable permit to grant use of the public right-of-way for dining purposes. The following outdoor dining options are available within the City:

SIDEWALK DINING
Sidewalk dining is defined as using the sidewalk immediately in front of a business using tables and chairs for dining while preserving a minimum 4’ ADA clear path of travel. Within the Glendora Village, there are different requirements.

PARKLET DINING
Parklets are extensions of the sidewalk that re-purpose on-street parking spaces for outdoor dining in front of or near the restaurant. Each parklet is designed and constructed by the City of Glendora, while each interested applicant will be responsible for furnishing and maintaining the parklet. For all parklets, businesses must follow specific parklet requirements.

The City Council has only approved the construction of seven parklets. The City will consider additional parklets on a case-by-case basis.

Item #14. Page 5
Meeting Date: 3/22/2022 / Packet Page #: 354
Dine Glendora June 2022
Outdoor Dining regulations are applicable to all outdoor dining located on or adjacent to public sidewalks which includes sidewalk and parklet dining. Outdoor dining may be permitted subject to the following standards:

Review and application required. The Community Development Department reviews all requests for outdoor dining permits. An Outdoor Dining Permit Application and Site Plan Review is required before issuance of any permits. If the outdoor dining also includes the service of alcoholic beverages, the request requires approval of a Conditional Use Permit which is reviewed by the Planning Commission.

Outdoor Dining Permit Required. The Planning Division will issue an Outdoor Dining Permit if the outdoor dining will be located on the City’s right-of-way such as the sidewalk or a parklet space. Such permit shall be valid as long as approved liability insurance is kept current and must be renewed annually with the permit fee.

Renewal Process. The required insurance and annual permit fee shall be submitted to the City as part of the annual renewal. If the business has not complied with the outdoor dining permit or the Glendora Municipal Code, the permit will be revoked.

Location of Dining. The applicant shall submit a layout of the furniture showing distances to curb and obstructions such as trees, benches, etc. Outdoor dining must be adjacent to the restaurant building.

Minimum Clearance. A minimum pedestrian clearance of 4’ shall be maintained in unobstructed sidewalk area.

Indemnification Statement. Applicants of an outdoor dining permit must sign an Indemnification Statement holding the City harmless from any legal action resulting from placement of the display on the public sidewalk.

Liability Insurance. Insurance in the amount determined by the City’s Risk Manager shall be required naming the City as an additional insured. Copies of liability insurance must be submitted annually.

Quality and Design. Outdoor furniture (tables, chairs, delineation) must reflect an appropriate level of quality and design. For applications within the Glendora Village, outdoor furniture must also contribute to the distinct identity of the downtown area.

Storage. Outdoor furniture must be stored maintained in a clean and attractive condition.

OUTDOOR DINING PERMIT PROCESS
Item #14. Page 6
Meeting Date: 3/22/2022 / Packet Page #: 355
Dine Glendora June 2022

ANNUAL FEES
All outdoor dining fees must be paid annually each year. City staff will follow up with each business on their annual renewal date to collect payment and other required documentation.

Below is the list of fees for outdoor dining and related items. Fees also include the use of ancillary services such as electrical box use and entertainment use:

OUTDOOR DINING FEES

SIDEWALK DINING TBD

PARKLET DINING TBD
*All fees for outdoor dining must be paid in a lump sum annually.

ANNUAL RENEWAL
Business owners already possessing an outdoor dining permit must renew their permit on an annual basis through the required annual fee. There is no need to re-submit a permit application.

Business owners must also re-submit annually the required liability insurance confirming insurance is up to date.

A member of City staff will reach out to the business owner on their anniversary date to collect the required fees and documentation to maintain outdoor dining use.

If a business owner refuses payment, then their outdoor dining no longer permits for exclusive use and becomes public.

ANNUAL OUTDOOR DINING FEES AND RENEWAL
Item #14. Page 7
Meeting Date: 3/22/2022 / Packet Page #: 356
Dine Glendora June 2022
Sidewalk Dining information can be found in Civic Center Area Plan Development Standards, Section 21.06.070 (O) and (P) of the Glendora Municipal Code.

O. Sidewalk Dining

1. Purpose. The purpose and intent of this section is to provide regulations for sidewalk dining operated in conjunction with a “dining” or “fast food restaurant,” as defined in Section 21.01.020 of the Glendora Municipal Code.

2. The provisions of this section are applicable to sidewalk dining located on public sidewalks in the CCAP Zone.

3. Site Plan Review and Encroachment Permit required. Any dining or fast-food restaurant desiring to utilize adjacent public sidewalks for sidewalk dining shall submit an application for sidewalk dining site plan review and encroachment permits. The Planning Director and Public Works Director shall review, approve with conditions, or deny all applications for sidewalk dining site plan reviews and encroachment permits. The Planning Commission shall review, approve with conditions, or deny all applications for serving alcoholic beverages in conjunction with sidewalk dining. Sidewalk dining encroachment permits shall be valid until and unless revoked as provided in this chapter. Businesses with approved sidewalk dining encroachment permits shall provide annual general liability renewal certificates to the City as provided in this section.

4. Sidewalk dining requirements.
a. Sidewalk dining – no alcoholic beverages permitted. Sidewalk dining without the sale or service of alcoholic beverages is permitted by this section and shall be subject to the following standards:
i. Only dining or fast-food restaurants as defined in Section 21.01.020 of the Glendora Municipal Code (Restaurant, Dining and Restaurant, Fast Food), may be issued a permit.
ii. The restaurant shall provide clean, attractive, serviceable, and sturdy furniture.
iii. Decorative umbrellas and tablecloths are encouraged. iv. A minimum, unobstructed pedestrian path of at least 48 inches in width shall be maintained along the entire length of the sidewalk. The City may require more clearance area based on the location of sidewalk obstructions, pedestrian traffic and other circumstances. v. The restaurant owner shall keep the sidewalk dining area clean and clear of trash or other debris. Power washing shall be required a minimum of one time per month. Per the current Municipal NPDES Permit Section (C)(2)(a)(1) Restaurants, water used in the power washing process shall be collected and disposed as required by the City. No runoff from the sidewalk washing or other restaurant activity shall be allowed to run into the City gutter/storm drainage system. Any modification to this standard shall be reviewed and approved by the Director of Public Works.

SIDEWALK DINING STANDARDS AND REQUIREMENTS
Item #14. Page 8
Meeting Date: 3/22/2022 / Packet Page #: 357
Dine Glendora June 2022
vi. The business owner shall maintain insurance policies and requirements, including general liability insurance, as required by the City. Current certificates of required insurance shall be submitted to the City annually for the duration of the sidewalk dining use.
vii. All sidewalk dining furniture, delineation devices, potted plants, etc. shall be placed to maintain a minimum clearance of 12 inches from the edge of street curb for streets with diagonal parking.
viii. Chairs and tables shall be arranged parallel to the sidewalk, in order to prevent chairs from encroaching into the required pedestrian path. ix. Sidewalk dining shall not be allowed closer than 3 feet to a street curb where parallel parking of vehicles is permitted. This 3-foot distance shall be delineated with a barrier to ensure the maintenance of the safe distance from vehicle doors. Where street parking is angled, sufficient access from the parking to the sidewalk shall be provided, as determined by the Planning Director and Public Works Director.
b. Sidewalk dining – alcoholic beverages permitted. In addition to the requirements contained in this section, dining and fast-food restaurants may apply for the service and consumption of alcoholic beverages in conjunction with a sidewalk dining permit, and shall comply with the following:
i. Only dining or fast-food restaurants, as defined in Section 21.01.020 Definitions of the Glendora Municipal Code (Restaurant, Dining and Restaurant, Fast Food), may be issued a permit.
ii. A conditional use permit has been approved for alcoholic beverage service in conjunction with operation of a restaurant including the provision for sidewalk dining.
iii. Attractive portable barrier delineation of sidewalk dining areas serving alcoholic beverages, such as theater-style posts and swag roping, decorative fencing, potted plants, and similar devices shall be required. iv. Alcohol shall not be served later than 11:00 p.m. or as established by the conditional use permit for alcoholic beverage service in conjunction with a restaurant.
v. Alcoholic beverages shall not be sold or served to anyone not seated, nor during any time when the restaurant kitchen is closed. c. Fees required. Sidewalk dining permit fees as established by the City Council shall be paid prior to the issuance of any permit. d. Calls for review. The City Manager, Planning Director, Public Works Director, or Police Chief may initiate a review of the sidewalk dining permit of any business due to noncompliance with any of the conditions of approval at any time.
e. Revocation or modifications of a sidewalk dining permit. The Planning Director and Public Works Director may revoke or modify any sidewalk dining permit. The Planning Commission may revoke or modify permits that allow service of alcoholic beverages. Violation of any of the following constitute grounds for revocation or modification:
i. When continuation of the permit would be contrary to the public health, safety, or welfare.
ii. The misrepresentation of a material fact by an applicant in their application.
iii. A public nuisance including but not limited to loitering, littering, poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions, traffic circulation and parking conflicts, or noise disturbances.
iv. Violation of any condition of the outdoor dining permit. v. Violation of any municipal, state, or federal laws.

Item #14. Page 9
Meeting Date: 3/22/2022 / Packet Page #: 358
Dine Glendora June 2022

PARKLET REQUIREMENTS
 Complete a Parklet Application Form.
 Complete a Maintenance and Indemnity Agreement Form.
 Complete an Outdoor Dining Permit form (Must be renewed annually).  Provide proof and documentation of liability insurance (Must be submitted annually).
 Provide a visual representation of parklet furnishings. Furnishings can include tables, chairs or other seating, umbrellas, planters, and barriers, etc.  For restaurants serving food table service: Must possess a current outdoor dining permit issued by the City.
 For restaurants serving alcohol: Must possess a Conditional Use Permit for alcohol.contact Department of Alcohol and Beverage Control to request an Extension of Premise to be able to serve on the parklet area.  Submit the application forms to the Community Development Department via Glendora City Hall: 116 E Foothill Blvd, Glendora, CA, 91741.  All applicants MUST take corrective action regarding current right-of-way and permitting issues prior to approval and continued exclusive use of a parklet.

PARKLET STANDARDS

1. For perpendicular and diagonal parking, the edge of the parklet must be set back 3 ft from the adjacent parking space on either side.

2. Parklets should meet ADA requirements (5% typ. max running slope, 2% max cross slope).

3. Parklets shall have a 2 ft setback from active driveways.

4. There must be a 1-foot setback from the edge of an adjacent bike lane or vehicle travel lane.

5. Parklets may not be constructed over utility access panels, manhole covers, storm drains, or fire hydrant shut off valves.

6. Parklets should have vertical elements to make them visible to traffic such as flexible posts or bollards.

7. Parklet must have a continuous edge along the vehicular travel lane such as railings, planters, or seat walls. Vertical elements must be able to withstand a minimum of 500 lbs of horizontal force. This edge helps to increase visibility for road users and must be a minimum of 36 inches and a maximum of 72 inches tall, as measured from the top of the parklet base.

8. Parklets should have a flush transition at the sidewalk and curb to permit easy

PARKLET DINING STANDARDS AND REQUIREMENTS
Item #14. Page 10
Meeting Date: 3/22/2022 / Packet Page #: 359
Dine Glendora June 2022
access and avoid tripping hazards.

9. At a minimum, parklet floor load-bearing weight should be designed for 100 pounds per square foot.

10. Parklets should use a slip-resistant surface to minimize hazards and should be accessible to wheelchair users.

11. Maintenance includes site cleaning, landscaping and planter maintenance, tables, chairs, umbrellas, and trash cans cleanings, etc.

12. The platform shall meet the curb with a maximum horizontal gap of 1/2". Vertical transitions shall align flush or shall provide a maximum slope of 1:4 (25%) bevel for vertical differences over 1/4”.

13. A gap shall be provided along the gutter to allow rainwater to naturally flow without obstruction and screens shall be located on either end of the platform to prevent debris from building up underneath the platform deck. A 6-inch by 6- inch minimum

14. clear gutter space must be provided along the entire length of the parklet adjacent to the curb.

15. Bolting is not preferred. No bolting into the roadbed or the top of curb is allowed.

Bolting into the face of the curb may be allowed on a case-by-case basis.

16. Seating must be accessible and meet ADA requirements for the turning movement (60” diameter turning circle) and the resting space of a wheelchair.

The maximum vertical difference between the curb and the parklet decking is 1/4 inch. Additional ADA treatments, such as a ramp or beveled edge, may be required if the vertical gap exceeds 1/4 inch.

17. Barriers shall not encroach onto the walk zone or pedestrian path of travel.

Barriers, railings, or other fencing shall be attached to the platform structure and shall not be attached to the roadbed or curb.

18. A support or shade structure may be permitted but shall provide 7 ft minimum clearance from top of parklet to bottom of structure. Shade structures shall be ground/parklet mounted and shall not be attached to the building (per Fire Code requirements). Any structure requires an Encroachment permit.

19. Umbrellas and shade structures shall be between 7 and 10 feet in height and shall not extend past the barrier.

20. Umbrellas will be purchased by the City in order to aid restaurant owners.

Replacement or new umbrella purchases by restaurant owners will need to be of similar quality. The City’s purchase shall be a one-time purchase only. Any damage to the umbrella beyond warranty or acceptable use, will be at the sole cost of the Permittee.

21. Any business owner intending to purchase an umbrella must notify the City first prior to purchasing and the same shall be approved by City prior to such purchase.

22. It shall be the responsibility of the property owner that all umbrellas, whether City purchased or otherwise, to assure that the same are routinely cleaned and maintained to retain their appearance and aesthetic appeal. On high wind days, umbrellas must be closed and properly secured. City purchased umbrellas that experience wind damage are not covered under any manufacturer’s warranty.

City purchased umbrellas include a 5-year limited warranty that covers loss of color and loss of strength.

23. Where bicycle racks are provided, the design may be selected from the fun, custom designs provided by the City.

24. Lighting should be incorporated into the design of a parklet, where feasible.

25. Signs, banners, and similar displays/devices are prohibited.

26. Putting a parklet near trees and other plantings can be a great way to shade your parklet in the summer and add a little greenery year-round. But it’s important to remember that plants need space to grow. You should avoid locations that would force people to walk through a tree pit or landscaping to get to the parklet. When locating your parklet near trees or overhead utilities, you should also consider how droppings from trees and animals might impact Item #14. Page 11
Meeting Date: 3/22/2022 / Packet Page #: 360
Dine Glendora June 2022
your parklet users. Consider adding tree grates around existing trees.

PERMIT RENEWAL
Exclusive use of a parklet is permitted under an Outdoor Dining Permit, which must be renewed annually. The City will send applicants a renewal notice prior to the anniversary date of the permit. An inspector will visit the parklet around the time of permit renewal and will work with the applicant to ensure that any maintenance, safety, or accessibility issues get resolved. Also, applicants will need to make sure the liability insurance policy is up to date prior to the renewal of the permit. The City reserves the right to deny renewal of a permit application for any reason.

CHANGE OF OWNERSHIP
If a business changes ownership, applicants may choose to transfer the Outdoor Dining Permit to a new host. Please contact the City of Glendora at [email protected] or (626) 852-4814 to transfer the Encroachment Permit.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC)
For restaurants wanting to serve alcohol on parklets, please contact the Community Development Department. City staff will guide you on the steps needed to obtain a Conditional Use Permit in conjunction with the Department of Alcoholic Beverage Control.

PARKLET MAINTENANCE
Proper maintenance is a condition of the Outdoor Dining Permit. Business owners must manage the upkeep of a parklet per the Maintenance and Indemnity Agreement. Business owners are responsible for all day-to-day maintenance duties and costs to keep the parklet in good condition. Any structural defect of the parklet base is the responsibility of the City for any corrective action. The City of Glendora will be responsible for any stormwater or drainage maintenance. The business owner should be sure to have sufficient resources and staff available to keep the parklet clean and in a state of good repair.

ADDITIONAL FUTURE PARKLETS
The City Council has approved the construction of seven parklets. The City will consider additional parklets on a case-by-case basis.

APPLICATIONS AND FORMS
All forms and applications can be obtained by the following:

City Website: CityofGlendora.org.

Email: [email protected]
Phone: (626) 852-4814

RESOURCES
Item #14. Page 12
Meeting Date: 3/22/2022 / Packet Page #: 361
Glendora
Outdoor Dining
Community Development
City Council
Item #
March 22, 2022
CityOfGlendora.org
Item #14. Page 13
Meeting Date: 3/22/2022 / Packet Page #: 362
2 OVERVIEW
• Dine Glendora
• Glendora Municipal Code
• Issues
• Next Steps
Item #14. Page 14
Meeting Date: 3/22/2022 / Packet Page #: 363
3 DINE GLENDORA
• Update to current outdoor dining
program within the City
• New manual providing information
and process for an outdoor dining
permit
• Opportunity to address and resolve
current outdoor/parklet dining issues
Item #14. Page 15
Meeting Date: 3/22/2022 / Packet Page #: 364
4 DINE GLENDORA
• Will combine sidewalk and parklet
dining into a new universal
manual/form
• Introduction of annual fees
required to have a successful
program
Item #14. Page 16
Meeting Date: 3/22/2022 / Packet Page #: 365
5 GLENDORA MUNICIPAL CODE
• Amendment to Glendora Municipal Code
reflecting updated outdoor dining process
• Will include language regarding parklet dining
• Requirement of encroachment permit will change
to requirement of an outdoor dining permit
Item #14. Page 17
Meeting Date: 3/22/2022 / Packet Page #: 366
6 ISSUES – Outdoor Entertainment
• Must possess a Conditional Use Permit for
entertainment uses (live music, television,
etc.)
• Only available to businesses operating a
parklet
• Limit impact to neighbors
Item #14. Page 18
Meeting Date: 3/22/2022 / Packet Page #: 367
7 NEXT STEPS
• Finalize:

Ø Ordinance to amend Glendora Municipal
Code
Ø Outdoor dining manual
Ø New outdoor dining permit forms
Item #14. Page 19
Meeting Date: 3/22/2022 / Packet Page #: 368
8 RECOMMENDATION
That the City Council:

1. Provide input and comment on proposed update
and revision of the Glendora Village outdoor dining
program
Item #14. Page 20
Meeting Date: 3/22/2022 / Packet Page #: 369

Glendora City CouncilMarch 22, 2022

Glendora City Council
March 22, 2022