Account Available
Budget
Proposed
Expenditures
Road Maintenance Rehabilitation Fund, Capital Improvement Account 256-9999-70000 $250,000 $175,183.84
Water Operations Fund, Pump, Well and Reservoir Repair Account 531-6571-56320
$58,566.64
(4/20/2022) $2,488.75
Total $177,672.59
Item #17. Page 7
Meeting Date: 5/10/2022 / Packet Page #: 553
Staff Report Page 8 of 8
ENVIRONMENTAL DETERMINATION
Attached is the Notice of Categorical Exemption for Council for review and adoption.
Prepared By James Lo, Civil Engineering Assistant
Concurs With
Reviewed By
Not Applicable
Alison Sweet, Public Works 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 Jeff Kugel, Community Development Director
ATTACHMENTS:
A. Proposal
B. Glendora-Horizons Agreement
C. Notice of Exemption
D. Sourcewell-Horizons Indefinite Quantity Construction Agreement E. 1st Annual Sourcewell-Horizons Renewal
F. 2nd Annual Sourcewell-Horizons Renewal
G. Presentation,1350
Item #17. Page 8
Meeting Date: 5/10/2022 / Packet Page #: 554
Work Order Signature Document
EZIQC Contract No.: CA08-SCI-GEP01-080719-HCC
Glendora - Slurry Seal Residential Roadways and Reservoir Area New Work Order
099316.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
03/31/2022
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Owner Name: City of Glendora
Michael Sledd
626-914-8248
Horizons Construction Co. Int'l, Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA08-SCI-GEP01-080719-HCC.
Brief Work Order Description:
City of Glendora - Type II Slurry Seal with 2.5% latex at Residential Streets and Reservoir Area X Will not apply: Liquidated Damages Will apply:
Estimated Completion Date:
Time of Performance Estimated Start Date:
Work Order Firm Fixed Price: $177,672.59
Owner Purchase Order Number:
Approvals
City of Glendora Date Contractor Date
2.00
3/31/2022
Work Order Signature Document
Item #17. Page 9
Meeting Date: 5/10/2022 / Packet Page #: 555
3.00 Detailed Scope of Work
To: Kinan Kotrash From: Michael Sledd
Horizons Construction Co. Int'l, Inc. City of Glendora
432 W. Meats Ave. 116 E. Foothill Blvd
Orange, CA 92865 Glendora, CA 91741
(714) 626-0000 626-914-8248
Work Order Number:
Date Printed: March 31, 2022
099316.00
Work Order Title: Glendora - Slurry Seal Residential Roadways and Reservoir Area Brief Scope: City of Glendora - Type II Slurry Seal with 2.5% latex at Residential Streets and Reservoir Area
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 099316.00 – City of Glendora – Type II Slurry Seal with 2.5% Latex Residential Roadways and Reservoir Area.
Detailed Scope of Work
· Apply Type II Slurry Seal with 2.5% Latex Residential Roadways and Reservoir Areas · Provide Traffic Control
· Place new Pavement Markings After Slurry Seal
· Prevailing Wages rate shall apply.
· Liquidated damages shall apply as such: $1000.00 / Day (Ref. Glendora Public Works Agreement Section 7.7) *** See Attached Detailed Scope of Work and Special Conditions below *** Subject to the terms and conditions of JOC Contract CA08-SCI-GEP01-080719-HCC.
Contractor Date
City of Glendora Date
3/31/2022
Scope of Work
Item #17. Page 10
Meeting Date: 5/10/2022 / Packet Page #: 556
099316.00 – City of Glendora – Type II Slurry Seal with 2.5% Latex Residential Roadways and Reservoir Area.
Detailed Scope of Work
• Apply Type II Slurry Seal with 2.5% Latex Residential Roadways and Reservoir Areas • Provide Traffic Control
• Place new Pavement Markings After Slurry Seal
• Prevailing Wages rate shall apply.
• Liquidated damages shall apply as such: $1000.00 / Day (Ref. Glendora Public Works Agreement Section 7.7) • Boulder Springs Work Slurry Seal: 22,400 SF Crack Fill: 1680 LF o From: E/O Glendora MTR -- To: 105’ E/O Glendora MTR Slurry Seal: 3,040 SF Crack Fill: 228 LF. o From: E/O Fountain Springs Ln -- To: W/O Glendora MTR Slurry Seal: 19,360 SF Crack Fill: 1,452 LF • Canyon Springs Work Slurry Seal: 9,792 SF Crack Fill: 734 LF o From: E/O Fountain Springs Ln -- To: W/O Dalton Springs Ln Slurry Seal: 9,792 SF Crack Fill: 734 LF • Dalton Springs Work Slurry Seal: 40,800 SF Crack Fill: 3060 LF o From: W/O Canyon Springs Dr -- To: S/O Boulder Springs Ln Slurry Seal: 14,560 SF Crack Fill: 1,092 LF o From: S/O Boulder Springs Ln -- To: N/O Fountain Springs Ln Slurry Seal: 26,240 SF Crack Fill: 1,968 LF • Fawn Springs Work Slurry Seal: 39,636 SF Crack Fill: 2,973 LF o From: N/O Palm Dr. -- To: N/ End Slurry Seal: 18,900 SF Crack Fill: 1,418 LF o From: N/O Hidden Springs Ln -- To: S/O Palm Dr. Slurry Seal: 20,736 SF Crack Fill: 1,555 LF • Fountain Springs Work Slurry Seal: 65,950 SF Crack Fill: 4,946 LF o From: S/O Canyon Springs Dr -- To: S/O Boulder Springs Dr Slurry Seal: 14,720 SF Crack Fill: 1,104 LF o From: S/O Boulder Springs Dr -- To: N/O Dalton Springs Ln Slurry Seal: 28,960 SF Crack Fill: 2,172 LF Item #17. Page 11
Meeting Date: 5/10/2022 / Packet Page #: 557
o From: N/O Sierra Madre Ave -- To: S/O Hidden Springs Ln Slurry Seal: 22,270 SF Crack Fill: 1,670 LF • Hidden Springs Work Slurry Seal: 82,440 SF Crack Fill: 6,183 LF o From: E/O Loraine Ave -- To: 300’ E/O Fountain Springs Slurry Seal: 82,440 SF Crack Fill: 6,183 LF • Indian Springs Work Slurry Seal: 63,040 SF Crack Fill: 4,728 LF o From: E/O Fawn Springs Ln -- To: E/End Slurry Seal: 20,160 SF Crack Fill: 1,512 LF o From: E/O Quail Springs Path -- To: W/O Fawn Springs Ln Slurry Seal: 32,960 SF Crack Fill: 2,472 LF o From: W/End -- To: W/O Quail Springs Path Slurry Seal: 9,920 SF Crack Fill: 744 LF • Palm Drive Work Slurry Seal: 66,600 SF Crack Fill: 4,995 LF o From: W/O Quail Springs -- To: W/O Glendora M.T. Rd Slurry Seal: 66,600 SF Crack Fill: 4,995 LF • Pebble Springs Work Slurry Seal: 41,225 SF Crack Fill: 3,095 LF o From: E/O Fountain Springs Ln -- To: E/End Slurry Seal: 18,500 SF Crack Fill: 1,388 LF o From: W/End -- To: W/O Fountain Spring Ln Slurry Seal: 22,755 SF Crack Fill: 1,707 LF • Quail Springs PA Work Slurry Seal: 20,880 SF Crack Fill: 1,566 LF o From: N/O Hidden Springs -- To: S/O Palm Dr Slurry Seal: 20,880 SF Crack Fill: 1,566 LF • Willow Springs Work Slurry Seal: 8,360 SF Crack Fill: 627 LF o From: N/O Palm Dr -- To: N/End Slurry Seal: 8,360 SF Crack Fill: 627 LF • Hooks Canyon Reservoir Work Slurry Seal: 7,560 SF Crack Fill: 983 LF Item #17. Page 12
Meeting Date: 5/10/2022 / Packet Page #: 558
SNAME StreetName From_ To SurfType Length Width Area PropMaint Crack Fill (LF)
BOULDER
SPRINGS
Boulder
Springs Dr -
Boulder Sp
E/O Glendora
MTR
105' E/O
Glendora
MTR
A - AC 95 32 3,040 Slurry 228
BOULDER
SPRINGS
Boulder
Springs Dr -
Boulder Sp
E/O Fountain
Springs Ln
W/O
Glendora
MTR
A - AC 605 32 19,360 Slurry 1452
DALTON
SPRINGS
Dalton
Springs Ln -
Dalton Spr
W/O Canyon
Springs Dr
S/O Boulder
Springs Ln A - AC 455 32 14,560 Slurry 1092
DALTON
SPRINGS
Dalton
Springs Ln -
Dalton Spr
S/O Boulder
Springs Ln
N/O Fountain
Springs Ln A - AC 820 32 26,240 Slurry 1968
CANYON
SPRINGS
Canyon
Springs Dr -
Canyon Spr
E/O Fountain
Springs Ln
W/O Dalton
Springs Ln A - AC 306 32 9,792 Slurry 734
FOUNTAIN
SPRINGS
Fountain
Springs Ln -
Fountain S
S/O Canyon
Springs Dr
S/O Boulder
Springs Dr A - AC 460 32 14,720 Slurry 1104
FOUNTAIN
SPRINGS
Fountain
Springs Ln -
Fountain S
S/O Boulder
Springs Dr
N/O Dalton
Springs Ln A - AC 905 32 28,960 Slurry 2172
PALM Palm Dr -
Palm
W/O Quail
Springs
W/O
Glendora
M.T. Rd
A - AC 1850 36 66,600 Slurry 4995
FAWN
SPRINGS
Fawn Springs
Ln - Fawn
Sprin
N/O Palm Dr N/End A - AC 525 36 18,900 Slurry 1418
WILLOW
SPRINGS
Willow
Springs Ln -
Willow Spr
N/O Palm Dr N/End A - AC 220 38 8,360 Slurry 627
QUAIL
SPRINGS PA
Quail Springs
Path - Quail
Spri
N/O Hidden
Springs S/O Palm Dr A - AC 580 36 20,880 Slurry 1566
FAWN
SPRINGS
Fawn Springs
Ln - Fawn
Sprin
N/O Hidden
Springs Ln S/O Palm Dr A - AC 576 36 20,736 Slurry 1555 INDIAN
SPRINGS
Indian
Springs Dr. -
Indian Spr
E/O Fawn
SpringsLn E/End A - AC 630 32 20,160 Slurry 1512
INDIAN
SPRINGS
Indian
Springs Dr. -
Indian Spr
E/O Quail
Springs Path
W/O Fawn
Springs Ln A - AC 1030 32 32,960 Slurry 2472
Item #17. Page 13
Meeting Date: 5/10/2022 / Packet Page #: 559
INDIAN
SPRINGS
Indian
Springs Dr. -
Indian Spr
W/End W/O Quail
Springs Path A - AC 310 32 9,920 Slurry 744
HIDDEN
SPRINGS
Hidden
Springs Ln -
Hidden Spr
E/O Loraine
Ave
300' E/O
Fountain
Spring
A - AC 2290 36 82,440 Slurry 6183
FOUNTAIN
SPRINGS
Fountain
Springs Ln -
Fountain S
N/O Sierra
Madre Ave
S/O Hidden
Springs Ln A - AC 655 34 22,270 Slurry 1670
PEBBLE
SPRINGS
Pebble
Springs Ln -
Pebble Spr
E/O Fountain
Springs Ln E/End A - AC 500 37 18,500 Slurry 1388
PEBBLE
SPRINGS
Pebble
Springs Ln -
Pebble Spr
W/End
W/O
Fountain
Spring Ln
A - AC 615 37 22,755 Slurry 1707
Hooks
Canyon
Reservoir
A-AC 7560 Slurry 983
468,713 SF 35,570 LF
Item #17. Page 14
Meeting Date: 5/10/2022 / Packet Page #: 560
4.00 Contractor's Price Proposal - Summary
Owner PO #:
Glendora - Slurry Seal Residential Roadways and Reservoir Area 099316.00
IQC Master Contract #: CA08-SCI-GEP01-080719-HCC
Work Order #:
Title:
Re:
Date: March 31, 2022
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$177,672.59
General Requirements $3,986.83
Reservoir Work $2,488.75
Residential Streets Work $171,197.00
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$177,672.59
3/31/2022
Contractor's Price Proposal - Summary
Item #17. Page 15
Meeting Date: 5/10/2022 / Packet Page #: 561
5.00 Contractor's Price Proposal - Detail
Glendora - Slurry Seal Residential Roadways and Reservoir Area 099316.00
IQC Master Contract #: CA08-SCI-GEP01-080719-HCC
Work Order #:
Owner PO #:
Title:
Re:
Date: March 31, 2022
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$177,672.59
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
General Requirements
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 EA $3,986.83
Installation x x = 3,986.83
Quantity Unit Price Factor Total
3,473.15 1.00 1.1479
Bond and Insurance 2 %
$173,657.33 x 0.02 = 3473.15
Subtotal for General Requirements $3,986.83
Reservoir Work
32 01 13 61 0012 >500 To 1,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
2 SY $1,761.28
Installation x x = 1,761.28
Quantity Unit Price Factor Total
834.00 2.34 0.9025
Apply One Coat of Type II Slurry Seal
Hooks Canyon Reservoir Work: Slurry Seal 7,506 SF
7,560 SF / 9 (SF /SY) = 834 SY
32 01 17 61 0004 >500 To 2,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
3 LF $727.47
Installation x x = 727.47
Quantity Unit Price Factor Total
983.00 0.82 0.9025
Hooks Canyon Reservoir Work Crack Fill: 983 LF
Subtotal for Reservoir Work $2,488.75
Residential Streets Work
4 01 22 20 00 0070 HR Flagperson For Traffic Control $4,841.01 Installation x x = 4,841.01
Quantity Unit Price Factor Total
72.00 74.50 0.9025
01 22 20 00 0072 Traffic Control SystemIncludes 1 truck, 1 arrow board, 1 licensed traffic control person, traffic cones.
5 DAY $24,357.14
Installation x x = 24,357.14
Quantity Unit Price Factor Total
26.00 1,038.02 0.9025
01 22 20 00 0073 Traffic Control DrawingsIncludes engineered stamped drawings as required by governing agency.
6 EA $606.17
Installation x x = 606.17
Quantity Unit Price Factor Total
1.00 671.66 0.9025
3/31/2022
Contractor's Price Proposal - Detail
Item #17. Page 16
Meeting Date: 5/10/2022 / Packet Page #: 562
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 099316.00
Glendora - Slurry Seal Residential Roadways and Reservoir Area Residential Streets Work
01 22 23 00 0265 Self-Propelled Street Sweeper With Hopper And Full-Time OperatorTruck with main and gutter brooms, elevator, debris hopper and water tank. 7 WK $23,275.25
Installation x x = 23,275.25
Quantity Unit Price Factor Total
3.50 7,368.50 0.9025
Provide Street Sweeping after placing slurry Seal
32 01 13 61 0012 >500 To 1,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
8 SY $1,961.91
Installation x x = 1,961.91
Quantity Unit Price Factor Total
929.00 2.34 0.9025
Apply One Coat of Type II Slurry Seal
Willow Springs Work Slurry Seal: 8,360 SF
8,360 SF / 9 (SF/SY) = 929 SY
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
9 SY $2,130.77
Installation x x = 2,130.77
Quantity Unit Price Factor Total
1,088.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Canyon Springs Work Slurry Seal: 9,792 SF
9792 SF / 9 (SF/SY) = 1088 SY
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
10 SY $8,977.42
Installation x x = 8,977.42
Quantity Unit Price Factor Total
4,584.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Pebble Springs Work Slurry Seal: 41,255 SF
41,255 SF / 9 (SF/SY) = 4584 SY
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
11 SY $8,624.90
Installation x x = 8,624.90
Quantity Unit Price Factor Total
4,404.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Fawn Springs Work Slurry Seal: 39,636 SF
39,636 SF / 9 (SF/SY) = 4,404 SY
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
12 SY $4,543.55
Installation x x = 4,543.55
Quantity Unit Price Factor Total
2,320.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Quail Springs PA Work Slurry Seal: 20,880 SF
20,880 SF / 9 ( SF /SY) = 2320 SY
3/31/2022
Contractor's Price Proposal - Detail
Item #17. Page 17
Meeting Date: 5/10/2022 / Packet Page #: 563
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 099316.00
Glendora - Slurry Seal Residential Roadways and Reservoir Area Residential Streets Work
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
13 SY $4,874.52
Installation x x = 4,874.52
Quantity Unit Price Factor Total
2,489.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Boulder Springs Work Slurry Seal: 22,400 SF
22,400 SF / 9 (SF/SY) = 2489 SY
32 01 13 61 0013 >1,000 To 5,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
14 SY $8,879.50
Installation x x = 8,879.50
Quantity Unit Price Factor Total
4,534.00 2.17 0.9025
Apply One Coat of Type II Slurry Seal
Dalton Springs Work Slurry Seal: 40,800 SF
40,800 SF / 9(SF/SY) = 4534 SY
32 01 13 61 0014 >5,000 To 20,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
15 SY $13,357.00
Installation x x = 13,357.00
Quantity Unit Price Factor Total
7,400.00 2.00 0.9025
Apply One Coat of Type II Slurry Seal
Palm Drive Work Slurry Seal: 66,600 SF
66,600 SF / 9 (SF/SY) = 7,400 SY
32 01 13 61 0014 >5,000 To 20,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
16 SY $12,644.03
Installation x x = 12,644.03
Quantity Unit Price Factor Total
7,005.00 2.00 0.9025
Apply One Coat of Type II Slurry Seal
Indian Springs Work Slurry Seal: 63,040 SF
63,040 SF/ 9(SF/SY) = 7005 SY
32 01 13 61 0014 >5,000 To 20,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
17 SY $13,227.04
Installation x x = 13,227.04
Quantity Unit Price Factor Total
7,328.00 2.00 0.9025
Apply One Coat of Type II Slurry Seal.
Fountain Springs Work Slurry Seal: 65,950 SF
65,950 SF/ 9 (SF/SY) = 7328 SY
32 01 13 61 0014 >5,000 To 20,000 SY, Type II Slurry Seal Asphalt Coating, Per Coat1/4" thick, 14 to 18 Lbs/SY.
18 SY $16,533.80
Installation x x = 16,533.80
Quantity Unit Price Factor Total
9,160.00 2.00 0.9025
Apply One Coat of Type II Slurry Seal
Hidden Springs Work Slurry Seal: 82,440 SF
82,440 SF / 9 (SF/SY) = 9160 SY
3/31/2022
Contractor's Price Proposal - Detail
Item #17. Page 18
Meeting Date: 5/10/2022 / Packet Page #: 564
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 099316.00
Glendora - Slurry Seal Residential Roadways and Reservoir Area Residential Streets Work
32 01 17 61 0004 >500 To 2,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
19 LF $543.20
Installation x x = 543.20
Quantity Unit Price Factor Total
734.00 0.82 0.9025
Canyon Springs Work Crack Fill: 734 LF
32 01 17 61 0004 >500 To 2,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
20 LF $464.01
Installation x x = 464.01
Quantity Unit Price Factor Total
627.00 0.82 0.9025
Willow Springs Work Crack Fill: 627 LF
32 01 17 61 0004 >500 To 2,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
21 LF $1,243.28
Installation x x = 1,243.28
Quantity Unit Price Factor Total
1,680.00 0.82 0.9025
Boulder Springs Work Crack Fill: 1680 LF
32 01 17 61 0004 >500 To 2,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
22 LF $1,151.52
Installation x x = 1,151.52
Quantity Unit Price Factor Total
1,556.00 0.82 0.9025
Quail Springs PA Work Crack Fill: 1,566 LF
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
23 LF $3,124.64
Installation x x = 3,124.64
Quantity Unit Price Factor Total
4,946.00 0.70 0.9025
Fountain Springs Work Crack Fill: 4,946 LF
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
24 LF $2,986.91
Installation x x = 2,986.91
Quantity Unit Price Factor Total
4,728.00 0.70 0.9025
Indian Springs Work Crack Fill: 4,728 LF
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
25 LF $3,155.59
Installation x x = 3,155.59
Quantity Unit Price Factor Total
4,995.00 0.70 0.9025
Palm Drive Work Crack Fill: 4,995 LF
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
26 LF $1,878.19
Installation x x = 1,878.19
Quantity Unit Price Factor Total
2,973.00 0.70 0.9025
Fawn Springs Work Crack Fill: 2,973 LF
3/31/2022
Contractor's Price Proposal - Detail
Item #17. Page 19
Meeting Date: 5/10/2022 / Packet Page #: 565
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 099316.00
Glendora - Slurry Seal Residential Roadways and Reservoir Area Residential Streets Work
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
27 LF $1,955.27
Installation x x = 1,955.27
Quantity Unit Price Factor Total
3,095.00 0.70 0.9025
Pebble Springs Work Crack Fill: 3,095 LF
32 01 17 61 0005 >2,000 To 5,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
28 LF $1,933.16
Installation x x = 1,933.16
Quantity Unit Price Factor Total
3,060.00 0.70 0.9025
Dalton Springs Work Crack Fill: 3060 LF
32 01 17 61 0006 >5,000 To 10,000 LF Fill Cracks Up To 1/2" x 1/2" With Hot Asphalt Crack FillerIncludes air cleaning of cracks. Excludes backer rod where required and routing of crack.
29 LF $3,515.50
Installation x x = 3,515.50
Quantity Unit Price Factor Total
6,183.00 0.63 0.9025
Hidden Springs Work Crack Fill: 6,183 LF
30 32 17 23 13 0004 LF Single 6" Wide Solid Line, Epoxy Reflective Pavement Striping $129.15 Installation x x = 129.15
Quantity Unit Price Factor Total
265.00 0.54 0.9025
Place Pavement Markings in Residential Areas where stop signs occur 31 32 17 23 13 0004 0047 MOD For 20 Mil Thickness, Add $28.70 Installation x x = 28.70
Quantity Unit Price Factor Total
265.00 0.12 0.9025
32 32 17 23 13 0004 0052 MOD For Up To 5,000 LF, Add $26.31 Installation x x = 26.31
Quantity Unit Price Factor Total
265.00 0.11 0.9025
33 32 17 23 13 0046 EA 36" High, Letter/Number, Painted Reflective Pavement Marking $227.57 Installation x x = 227.57
Quantity Unit Price Factor Total
16.00 15.76 0.9025
Place Pavement Marking Lettering for STOP at 4 Locations Subtotal for Residential Streets Work $171,197.00
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$177,672.59
3/31/2022
Contractor's Price Proposal - Detail
Item #17. Page 20
Meeting Date: 5/10/2022 / Packet Page #: 566
SPECIAL CONDITIONS
SECTION X
SPECIAL CONDITIONS
DEFINITION OF BID ITEMS – MEASUREMENT & PAYMENT
SLURRY SEAL PROJECT, VARIOUS LOCATIONS, FY 2021/22 Plan No. 1350 Note:
All features and details required to complete work as shown per the Plans, Specifications and Special Provisions and not specifically itemized in the Definition of Bid Items shall be considered included in and a part of the Unit Prices of all Bid Items and an aggregate of the Total Bid Amount.
CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COMPLIANCE WITH
LOCAL NPDES PERMIT REQUIREMENTS IN ATTEMPT TO PROTECT THE STORM DRAIN SYSTEM AND RECEIVING WATERS.
Pre-construction Conference
The Contractor shall attend a pre-construction conference scheduled by the City’s representative prior to commencement of any work on the project. This meeting shall be attended by City staff to review the construction methods, coordinate with utility companies, and review the project schedule and Contractor submittals.
Standard Specifications
The Standard Specifications for the project shall be the 2021 edition of the “Standard Specifications for Public Works Construction” (SSPWC or “Greenbook”), prepared and promulgated by Public Works Standards, Inc., a California Nonprofit Mutual Benefit Corporation, whose members are the American Public Works Association, the associated General Contractors of California, the Engineering Contractor’s Association, the Southern California Contractors Association and BNI Publications, Inc. Copies of these Standard Specifications are available from the publisher, Building News Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081.
The Standard Specifications set forth above control the construction materials and construction methods for this contract except as amended by the Plans, these Special Provisions or other Contract Documents. The Contractor shall comply with the Standard Specifications in addition to the general conditions set forth in the Contract Documents.
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Emergency Information
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives shall be filed with the City Engineer, the City of Glendora Police Department, and the Los Angeles County Fire Department prior to beginning work on the project.
Construction Maintenance
The Contractor shall be required to maintain the construction area as to debris, dust control, dirt stock piling, material stock piling, etc. so as to cause the least amount of inconvenience to the public. When directed by the City’s representative, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each workday to keep paved areas acceptably clean to the satisfaction of the Inspector and the City Engineer.
All excess excavated materials are to be removed immediately and disposed of at an approved site unless otherwise approved by the City Engineer.
Working Times
The Contractor’s operation shall be restricted to the work hours of 8:00 AM to 4:00 PM except Barranca Avenue. Work hours for Barranca Avenue shall be from 9:00 AM to 3:00 PM. No work will be allowed on Saturday, Sunday, or legal holidays without prior approval from the City Engineer.
Any deviations from this schedule must have the expressed permission from the City Engineer.
Contractor Submittals
In accordance with Section 3-8 Submittals of the Standard Specifications, at a minimum the Contractor shall submit the following for the Engineer’s approval prior to commencing any work:
• Detailed Schedule of Work
• List of Subcontractors and Suppliers (including contact names and phone numbers) • Slurry Seal continuous- flow mixer emulsion calibration worksheet(s) and Slurry Seal continuous- flow mixer calibration worksheet(s).
• Slurry Seal Mix Design
• Crack Sealant Certificate of Compliance
• Thermoplastic Marking Material
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• Raised Pavement Markers & Adhesive
Extra Work
Any item considered to be extra work must be reported to the City immediately. All Extra Work claims shall be submitted In writing within 24 hours of encountering the extra work. Submittal of false claims is punished by State law and in addition, the contractor shall reimburse the City for all employees’ costs and other fees spent on researching and reconciling the false claim.
The basis for establishing costs for Labor, Material and Equipment will be determined in accordance with Section 2 Scope of Work and Section 7 Measurement and Payment of the Standard Specifications. Labor surcharge and Equipment Rental Rates will be paid at the applicable Caltrans rates for the time when extra work is performed.
The following percentages shall be added to the Contractor’s costs and shall constitute the markups for all overhead, profit and increase in bond premium caused by the Extra Work.
1. Labor 15%
2. Material 15%
3. Equipment 10%
4. Subcontractor 10% for first $5,000 portion of work performed 5% in excess of $5,000 portion of work performed
BID ITEM DESCRIPTIONS:
Item 1. Traffic Control
The Contractor shall make provisions for detouring pedestrian traffic to the opposite side of the street away from the construction areas whenever possible. The Contractor shall make provisions for safe and adequate passage through the construction areas where directed by the City Engineer.
Vehicular access to driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. The Contractor shall provide access to all emergency vehicles into and out of the work areas at all times. The Contractor shall cooperate with the parties involved in the delivery of mail and the garbage collection.
The Contractor shall furnish and maintain all warning lights, signs, barricades and other facilities for the sole convenience and safe direction of public traffic. The Contractor shall post temporary “No Parking” signs a minimum of 48-hours prior to restriction of parking within the work area.
The Contractor shall be responsible for all traffic control during construction. The Contractor shall be required to maintain a minimum of one lane in each direction on all roadways at all Item #17. Page 23
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times. Flaggers and/or a pilot car with driver shall be provided when directed by the City Engineer as necessary for safe and adequate passage of the general public and workers. The City Engineer may provide traffic control measures including proper signage, barricading and flaggers, in the event of the Contractor’s failure to meet the requirements of these Special Provisions. The cost of this traffic control work shall be charged to the Contractor and withheld from the final payment.
When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether loaded or empty shall in all cases yield to public traffic. Haul trucks shall be covered with tarps and secured prior to entering the traffic lanes.
The Contractor shall include furnishing and placing temporary pavement and removal of temporary pavement to accommodate access of traffic from travel lanes in and out of private property, walks, and streets. The cost of furnishing and maintenance of these items during construction shall be included within the various bid items requiring such efforts and no additional compensation shall be allowed therefor.
Payment for providing “TRAFFIC CONTROL” shall be the contract lump sum price and shall be considered full compensation for furnishing all labor, signing, delineator, barricades, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor.
Item 2. Type II Emulsion Aggregate Slurry Seal (2 ½ Percent Latex) Description
This work shall consist of preparing the existing pavement surface, crack sealing, and furnishing and placing emulsion aggregate slurry at locations as indicated in these specifications.
Materials
Slurry Seal shall be Type II Emulsion-Aggregate Slurry in conformance with subsection 203-5 of the Standard Specifications with 2 ½ percent Latex.
Construction
Slurry Seal shall be placed per subsection 302-4 of the Standard Specifications.
The Contractor shall submit a valid calibration report to the Engineer for approval for each continuous- flow mixer that will be used on the project in accordance with subsection 302-4.3.4 of the Standard Specifications.
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The Contractor shall schedule test runs for each continuous-flow mixer to be used on the project for the approval of the Engineer, including the preparation of “Emulsion Calibration Worksheets” from the appendix of the ISSA “Inspector’s Manual MA-1”.
Surface Preparation
The Contractor shall remove any raised pavement markers and thermoplastic striping and markings within the area to be sealed. Immediately before applying the slurry seal, the surface shall be clean and dry. Cleaning shall be performed by sweeping, flushing, or other means necessary to remove all loose particles of paving, all dirt, and all other extraneous material.
Crack Sealing
Work covered by this section includes routing, cleaning, and sealing pavement cracks greater than 1/8-inch in width as directed by the Engineer. Cracks and spalls in the pavement greater than 1-inch, shall be filled with type F-PG 64-10 asphalt concrete pavement.
The Contractor shall submit certificates from suppliers stating compliance of material with the requirements of this section.
(a) The asphalt to be used for Pavement Crack Sealing shall have a maximum penetration of 150 when tested in accordance with procedures outlined by the American Association of State Highway Officials (AASHTO).
(b) The granulated crumb rubber (100 percent vulcanized) shall meet the following requirements:
PASSING SIEVE PERCENT
No. 8 100
No. 10 98-100
No. 40 0-100
The specific gravity of the granulated crumb rubber shall be 1.15 +/- 0.02 and shall be free of fabric, wire or other contaminating materials, except that up to 4 percent of calcium carbonate may be included to prevent particles form sticking together. (c) The portions of the two materials by weight shall be 75 +/- percent asphalt and 25 +/- percent rubber.
(d) Use of an equal material other than asphalt vulcanized rubber must be approved by the Engineer.
The Contractor shall include all costs for Crack Sealing in the Slurry Seal bid item including all labor, material, equipment, tools, traffic control and incidentals necessary to complete the work.
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Compensation shall include routing, crack cleaning, crack filling, and cleanup and no additional compensation will be made therefor.
Payment for placing and patching spalls and cracks larger than 1 inch shall be included in other items of work, and no additional payment will be allowed therefor.
Contractor is required, as deemed necessary by the City Engineer, to street sweep all streets included within the slurry project limits two weeks after the placement of slurry to remove any loose material that may have initially worn off of the newly placed slurry.
Payment
Payment for “TYPE II EMULSION AGGREGATE SLURRY SEAL (2 ½ PERCENT LATEX)” shall be at the contract price per square foot and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work, including crack sealing, as specified herein and no additional compensation will be allowed therefor.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF GLENDORA
and
HORIZONS CONSTRUCTION CO INT’L, INC.
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Citywide Slurry Seal FY 2021-22, Plan No 1350 1
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF GLENDORA AND
HORIZONS CONSTRUCTION CO INT’L, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”)is made and entered into this 10th day of May, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and HORIZONS CONSTRUCTION CO INT’L, 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 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.
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1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Citywide Slurry Seal FY 2021-22, Plan No 1350, 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 acknowledgesreceipt 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.
(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.
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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 _______________
Kinan Kotrash
Vice President
(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.
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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.
(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, DocuSign Envelope ID: 247F3843-028B-4CF9-A658-5314AA2AE57D Item #17. Page 31
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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 itssole 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 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 DocuSign Envelope ID: 247F3843-028B-4CF9-A658-5314AA2AE57D Item #17. Page 32
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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. (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 DocuSign Envelope ID: 247F3843-028B-4CF9-A658-5314AA2AE57D Item #17. Page 33
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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 $177,672.59 (One-Hundred Seventy-Seven Thousand, Six-Hundred Seventy-Two Dollars Fifty-Nine 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 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 Contractor 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 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, DocuSign Envelope ID: 247F3843-028B-4CF9-A658-5314AA2AE57D Item #17. Page 34
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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.
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.
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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.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) 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 Agreement for zero (0) additional one-year terms.
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:
Kinan Kotrash, Vice President / Secretary
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.
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4.3 Contract Officer.
The Contract Officer shall be James Lo, Civil Engineering Assistant orsuch 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 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 venturer 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’sindemnification of City, and prior to commencement of any services under this Agreement, Contractorshall 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.
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(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 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. Contractorshall 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. Contractorshall 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. Contractorshall 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 Contractorshall 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 nonDocuSign Envelope ID: 247F3843-028B-4CF9-A658-5314AA2AE57D Item #17. Page 38
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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 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 noncompliance 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.
(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.
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(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. Contractorshall 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, 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:
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(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.
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.
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(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.
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.
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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”), asshall 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.
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.
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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 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.
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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 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.
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 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 nondefaulting 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.
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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 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.
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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 feesshall include attorney’sfees 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.
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.
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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.
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.
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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.
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 ___________________
Kinan Kotrash
Vice President
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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]
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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/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
HORIZONS CONSTRUCTION CO INT’L, INC.
California Corporation
Name: Kinan Kotrash
Title: Vice President / Secretary
Email: [email protected]
Address: 432 W Meats Ave.
Orange, CA 92865
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
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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 Citywide Slurry Seal FY 2021-22, Plan No 1350, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
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. Weekly Progress Report
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B. Weekly Updated (2-weels ahead) work schedule
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.
VI. Consultant’s detail scope of work is attached as Exhibit A-1.
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EXHIBIT “A-1”
CONSULTANT’S DETAIL SCOPE OF WORK
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
Add the following to Section 2.4 - Invoices:
In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.
II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following to Section 3.1 – Time of Essence:
Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.
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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:
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 subbudget 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.
VI. The Consultant’s detail price proposal is attached as Exhibit C-1.
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EXHIBIT “C-1”
CONSULTANT’S DETAIL PRICE PROPOSAL
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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 30 Working Days August 31, 2022
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. TBD upon award of the project.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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01240.0001/535311.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Horizons Construction Co. Int’l, Inc., a California Corporation, as Contract for the work entitled and described as follows: Citywide Slurry Seal FY 2021-22, Plan No 1350; 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 $177,672.59 (One-Hundred Seventy-Seven Thousand, SixHundred Seventy-Two Dollars Fifty-Nine Cents), 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
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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.
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01240.0001/535311.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Horizons Construction Co.
Int’l, Inc., a California Corporation as Contractor (“Principal”), a Contract for the work entitled and described as follows: Citywide Slurry Seal FY 2021-22, Plan No 1350; 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 $177,672.59 (One-Hundred Seventy-Seven Thousand, SixHundred Seventy-Two Dollars Fifty-Nine Cents), 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 of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
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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:
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.
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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Citywide Slurry Seal FY 2021-22, Plan No 1350
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)
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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.
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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 asthe “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 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.
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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)
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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)
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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:
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 asthe “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 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 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.
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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:
□ 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)
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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)
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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:
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 asthe “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 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.
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.
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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
□ 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 .
(signatures on following page)
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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)
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rvp7/3/97
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: Citywide Slurry Seal FY 2021-22, Plan No 1350 Project Location: Boulder Springs Lane east of Fountain Springs Lane to end of street east of Glendora Mountain Road; Canyon Springs Lane east of Fountain Springs Lane to west of Fountain Springs Lane; Dalton Springs Lane west of Canyon Springs Lane to north of Fountain Springs Lane; Fawn Springs Lane north of Hidden Springs Lane to south of Palm Drive; Fawn Springs Lane north of Palm Drive to end of street north of Palm Drive; Fountain Springs Lane north of Sierra Madre Avenue to south of Hidden Springs Lane; Fountain Springs Lane south of Canyon Springs Lane to north of Dalton Springs Lane; Hidden Springs Lane east of Loraine Avenue to end of street east of Fountain Springs Lane; Indian Springs Drive end of street west of Quail Springs Path to end of street east of Fawn Springs Lane; Palm Drive west of Quail Springs Path to west of Glendora Mountain Road; Pebble Springs Lane end of street west of Fountain Springs Lane to end of street east of Fountain Springs Lane; Quail Springs Path north of Hidden Springs Lane to south of Palm Drive; Willow Springs Lane north of Palm Drive to end of street north of Palm Drive; and Hook Canyon Reservoir pavement area.
Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Density Residential Zoning Designation: E-6 Single Family Estate
Project Description: The project involves placing slurry seal on asphalt pavement on various existing public streets.
Surrounding Land Uses and Setting: Surrounding land uses include hillside very low density residential, civic/institutional, utility and flood control The Community Development Director recommends the following exempt status / findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:
Item #17. Page 80
Meeting Date: 5/10/2022 / Packet Page #: 626
Reasons why project is exempt: The project places a thin slurry seal coating on the asphalt pavement of various existing public streets.
Date:
Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body:
City of Glendora City Council on April 12, 2022
Date:
James Lo, Civil Engineer Assistant (626) 852-5258
PROJECT LOCATION MAP
Item #17. Page 81
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AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 1
INDEFINITE QUANTITY CONSTRUCTION AGREEMENT
IFB NUMBER: CA08-SCI-GEP01-080719
GEOGRAPHIC AREA: State of California - Region 8 – Southern Coastal and Interior This Agreement dated August 28, 2019, by and between Sourcewell (Formerly NJPA)and Horizons Construction Company Int'l Inc. at the following address, 432 W Meats Avenue, Orange CA 92865 hereinafter referred to asthe CONTRACTOR.
WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents: This Agreement; the IFB Documents as issued (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC); Book 4 - Technical Specifications; and Addenda thereto); all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order Proposals, etc.) issuedhereunder.
B. The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any Project, including supplemental technicalspecifications referenced therein, shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to [email protected] or via facsimile to (864) 233- 9100.
D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Invoice by forwarding a copy of the Invoice via email to [email protected] or via facsimile to (864) 233-9100.
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents.
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AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 2 B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual Sourcewell Member. The Purchase Order will require the Contractor to perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above.
However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors.
ARTICLE 3. THE AGREEMENT PRICE
A. This Agreement is an indefinite-quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $4,700,000. This is only an estimate and may increase or decrease at the discretion ofSourcewell.
B. The Contractorshall perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors:
TO BE ENTERED BY SOURCEWELL:
a. Normal Working Hours Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTCmultiplied by the Adjustment Factor of:
0.8649
(Specify to four (4) decimal places)
b. Other Than Normal Working Hours Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
0.9730
(Specify to four (4) decimal places)
c. Normal Working Hours-OSHPD and Secured Areas: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTCmultiplied by the Adjustment Factor of:
1.1351
(Specify to four (4) decimal places)
d. Other Than Normal Working Hours-OSHPD and Secured Areas: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
1.1459
(Specify to four (4) decimal places)
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AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 3 e. Non Pre-priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work:
1.1351
(Specify to four (4) decimal places)
ARTICLE 4. TERM OF THE AGREEMENT
A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional oneyear renewal extension may be offered by Sourcewell to Contractor beyond the original three-year term if Sourcewell deems such action to be in the best interests of Sourcewell and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Agreement at any time.
B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order.
ARTICLE 5. SOFTWARE LICENSING
A. Sourcewell selected The Gordian Group’s (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian’s proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by Sourcewell and Sourcewell Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for Sourcewell and Sourcewell Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC SystemLicense:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian’s contract with Sourcewell, whichever is shorter, a non-exclusive right, privilege, and license to Gordian’s proprietary IQCC System and related proprietary materials (collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing Contractor’s responsibilities to Sourcewell and Sourcewell Members under this Agreement (“Limited Purpose”). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian‘s IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession toGordian.
B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B Item #17. Page 84
Meeting Date: 5/10/2022 / Packet Page #: 630
AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 4 C. portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information.
D. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney’s fees.
E. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
By: Sourcewell
Authorized Signature
Print Name
Contractor
Authorized Signature
Print Name
Contract Number: CA08-SCI-GEP01-080719-HCC
Kinan Kotrash - Vice-President
Jeremy Schwartz-Director of Operations & Procurement/CPO DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B Item #17. Page 85
Meeting Date: 5/10/2022 / Packet Page #: 631
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Item #17. Page 86
Meeting Date: 5/10/2022 / Packet Page #: 632
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Item #17. Page 87
Meeting Date: 5/10/2022 / Packet Page #: 633
7/15/2021 Sourcewell Contract Renewal
enrcontracts.egordian.com/NJPA?CtrID=4813d37b-9409-43b9-830d-9214be32436d&bd=06/01/2019 1/2
ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT
made by and between
Horizons Construction Co. Int'l, Inc.
432 W. Meats Ave.
Orange, CA 92865
and
Sourcewell
202 12th Street NE
PO Box 219
Staples, MN 56479
Phone: (218) 894-1930 or (888) 894-1930
Whereas: "Vendor" and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB CA08-SCI-GEP01-080719-HCC" with an effective date of August 28, 2019, a maturity date of August 27, 2023, and which are subject to annual renewals at the option of both parties.
MODIFICATION: SECOND RENEWAL OPTION PERIOD
Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period:
Base Year
Date Index
1 July 2018 11116.07
2 August 2018 11124.49
3 September 2018 11169.87
4 October 2018 11169.68
5 November 2018 11183.93
6 December 2018 11185.44
7 January 2019 11205.73
8 February 2019 11217.90
9 March 2019 11227.88
10 April 2019 11228.07
11 May 2019 11229.99
12 June 2019 11268.48
Base Average
11193.9608
Option Year
Date Index
1 July 2020 11439.11
2 August 2020 11455.26
3 September 2020 11498.81
4 October 2020 11538.93
5 November 2020 11579.02
6 December 2020 11625.95
7 January 2021 11627.94
8 February 2021 11698.79
9 March 2021 11749.75
10 April 2021 11849.32
11 May 2021 11989.91
12 June 2021 12112.05
Option Average
11680.4033
Price Adjustment: Second Year Index Average = 11680.4033 = 1.0435 Base Year Index Average 11193.9608
AWARD MULTIPLIER x PRICE ADJUSTMENT = OPTION
MULTIPLIER
# CA08-SCI-GEP01-080719-HCC
Item #17. Page 88
Meeting Date: 5/10/2022 / Packet Page #: 634
7/15/2021 Sourcewell Contract Renewal
enrcontracts.egordian.com/NJPA?CtrID=4813d37b-9409-43b9-830d-9214be32436d&bd=06/01/2019 2/2 Non Pre-priced 1.1351 1.0000 1.1351
Normal Working Hours Prevailing
Wage 0.8649 1.0435 0.9025
Normal Working Hours-OSHPD and
Secured Areas 1.1351 1.0435 1.1845
Other Than Normal Working Hours
Prevailing Wage 0.9730 1.0435 1.0153
Other Than Normal Working HoursOSHPD and Secured Areas 1.1459 1.0435 1.1957 Now therefore:
"Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of August 28, 2021 through August 27, 2022.
Sourcewell
By: , Its: Director of Cooperative Contracts and Procurement/CPO Name printed or typed: Jeremy Schwartz
Date:
Horizons Construction Co. Int'l, Inc. - #CA08-SCI-GEP01-080719-HCC By: , Its:
Name printed or typed:
Date:
If you do not want to extend contract, please sign below and return this agreement.
Discontinue: We desire to discontinue the contract.
Signature: , Date:
Item #17. Page 89
Meeting Date: 5/10/2022 / Packet Page #: 635
Contract Award for Citywide Slurry
Seal FY 2021-2022, Plan # 1350
Public Works, Engineering
City Council
Item # XX
May 10, 2022 CityOfGlendora.org
Item #17. Page 90
Meeting Date: 5/10/2022 / Packet Page #: 636
Slurry Seal
2 Item #17. Page 91
Meeting Date: 5/10/2022 / Packet Page #: 637
Site Identification
3 Typical
PCI Per
PMP
Treatment Type
Typical
Cost
(Per PMP)
60-85 Type II Slurry Seal (Local) $0.40/ft2
60-85 Type II Slurry Seal (Arterial) $0.55/ft2
60-85 Cape Seal $1.15/ft2
20-74 AC Grind & Overlay $3.00/ft2
20-74 Asphalt Rubber Hot Mix (ARHM) $5.50/ft2
0-20 AC Reconstruction $10.50/ft2
0-20 Portland Cement Concrete Reconstruction $15.00/ft2 Item #17. Page 92
Meeting Date: 5/10/2022 / Packet Page #: 638
Street Sites
4 Street Segment 2020 PCI Evaluation
Boulder Springs Dr. Fountain Springs Ln. east to Glendora Mountain Rd. 56 Boulder Springs Dr. Glendora Mountain Rd. east to end of street in Equestrian Park 54 Canyon Springs Ln. Fountain Springs Ln. east to Dalton Springs Ln. 55 Dalton Springs Ln. Canyon Springs Ln. north to Boulder Springs Dr. 57 Dalton Springs Ln. Boulder Springs Dr. north to Fountain Springs Ln. 63 Fawn Springs Ln. Hidden Springs Ln. north to Palm Dr. 60 Fawn Springs Ln. Palm Dr. north to end of street/cul-de-sac 64 Fountain Springs Ln. Sierra Madre Ave. north to Hidden Springs Ln. 67 Fountain Springs Ln. Dalton Springs Ln. north to Boulder Springs Dr. 61 Fountain Springs Ln. Boulder Springs Dr. north to Canyon Springs Ln. 58 Hidden Springs Ln. Loraine Ave. east to end of street/cul-de-sac 65 Indian Springs Dr. West end of street/cul-de-sac east to Quail Springs Pa. 64 Indian Springs Dr. Quail Springs Pa. east to Fawn Springs Ln. 60 Indian Springs Dr. Fawn Springs Ln. east to end of street/cul-de-sac 67 Pebble Springs Ln. West end of street/cul-de-sac east to Fountain Springs Ln. 63 Pebble Springs Ln. Fountain Spring Ln. east to end of street/cul-de-sac 64 Palm Dr. Quail Springs Pa. east to Glendora Mountain Rd. 58 Quail Spring Pa. Hidden Springs Ln. north to Palm Dr. 63 Willow Springs Ln. Palm Dr. north to end of street/cul-de-sac 45 Item #17. Page 93
Meeting Date: 5/10/2022 / Packet Page #: 639
Street Sites
5 Item #17. Page 94
Meeting Date: 5/10/2022 / Packet Page #: 640
Hook Canyon Reservoir Site
6 Item #17. Page 95
Meeting Date: 5/10/2022 / Packet Page #: 641
Sourcewell, ezIQC® & Gordian
7 Item #17. Page 96
Meeting Date: 5/10/2022 / Packet Page #: 642
Current Project Fiscal Impact
Account Available Budget Proposed
Expenditures
Road Maintenance Rehabilitation Fund, Capital Improvement Account 256-999-70000 $250,000 $175,183.84
Water Operations Fund, Pump, Well and Reservoir Repair Account 531-6571-56320
$58,566.64
(4/20/2022) $2,488.75
Total $177,672.59
8 Item #17. Page 97
Meeting Date: 5/10/2022 / Packet Page #: 643
Slurry Seal Preventative Maintenance Potential
9 Item Area (ft2)
Total Cost @
$0.38/ft2
Contingency
(10% of
Projected)
Total Budget
Need
Estimated 1st
Year of 5-yr
Cycle Cost
Estimated 1st
Year of 7-yr
Cycle Cost
AC local streets
w/ 2020 PCI ≥54 14,601,822 $5,548,692.36 $554,869.24 $6,103,561.60 $1,220,712.32 $871,937.37 AC alleys w/
2020 PCI ≥54 197,039 $74,874.82 $7,487.48 $82,362.30 $16,472.46 $11,766.04 Total AC local
streets & alleys
w/ 2020 PCI ≥54
14,798,861 $5,623,567.18 $562,356.72 $6,185,923.90 $1,237,184.78 $883,703.41
All AC local
streets 19,675,353 $7,476,634.14 $747,663.41 $8,224,297.55 $1,644,859.51 $1,174,899.65 All AC alleys 356,482 $135,463.16 $13,546.32 $149,009.48 $29,801.90 $21,287.07 Total AC local
roads and alleys 20,031,835 $7,612,097.30 $761,209.73 $8,373,307.03 $1,674,661.41 $1,196,186.72 Item #17. Page 98
Meeting Date: 5/10/2022 / Packet Page #: 644
10 RECOMMENDATIONS
1. Award a Public Works Agreement to Horizons Construction Co. Int’l, Inc. for Citywide Slurry Seal FY 2021-2022, Plan No. 1350 in the amount of $175,183.84 from Road Maintenance Rehabilitation Account Fund, Capital Improvement Account 256-999-70000, and $2,488.75 from Water Operations Fund, Pump, Well, and Reservoir Repair Account 531-6571-56320, for a total of $177,672.59;
2. Adopt a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301(c) of the California Code of Regulations;
3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and
4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.
That the City Council:
Item #17. Page 99
Meeting Date: 5/10/2022 / Packet Page #: 645
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 10, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: QUARTERLY CAPITAL IMPROVEMENT PROGRAM UPDATE (STRATEGIC PLAN ITEM 8-IFFS, 10-IFSS, 46-IMCIF, 48-IMCIF, 49-IMCIF, 50-IMCIF, 52-IMCIF, 53-IMCIF, 54-IMCIF)
RECOMMENDATION
That the City Council:
1. Receive and file the May Quarterly Capital Improvement Program Update.
EXECUTIVE SUMMARY
This is an update on the Fiscal Year (FY) 2021/22 and FY 2022/23 Capital Improvement Program (CIP), outlining the status of the active projects. Following the previous update, Public Works has implemented varied project procurements, the packaged projects to gain economies of scale, and established on call consultant contracts and cooperative purchasing agreements to allow for efficient project delivery.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On June 22, 2021, the City Council approved the Fiscal Year (FY) 2021/22 and 2022/23 Two-Year Budget, which included the 5-Year CIP. Funding was approved for the first year and programmed for the second year, and subsequent years will be subject to future budget allocations. In addition, ongoing projects approved by the City Council in previous years have been carried over to FY 2021/22.
On January 25, 2022, the City Council approved the amended FY 2021-2026 Capital Improvement Program and staff presented the Second Capital Improvement Program Update.
DISCUSSION
Since the previous Public Works Department CIP update on January 25, 2022, staff has focused on prioritizing and expediting “active” projects which have been funded or programmed through FY2022/23.
These “active” projects have been compiled on the Active CIP Project List, which is updated monthly, to monitor and track major active projects that are currently being worked on by the City departments. The Active Project List is included with this report as Attachment A and available on the City’s website under the Public Works Department - Engineering Division (https://www.cityofglendora.org/departmentsservices/public-works/engineering/capital-projects).
The Active CIP Project List is derived from the 5-Year CIP that provides a multiyear perspective of projects that have been identified by staff through the use of master plans, studies, maintenance issues and other sources. The list provides a future outlook of anticipated projects that need to be completed to keep up with the maintenance and replacement of public infrastructure. There are several studies and assessments included in the 5-Year CIP that will further help inform the development of a spending plan in future years.
Staff continually reviews and evaluates project priorities, available funding, and makes necessary adjustments based on the resources available. The plan is dynamic and will be adjusted as needed to meet critical needs, unforeseen events, concerns that involve public safety and health, or changes in funding.
Item #18. Page 1
Meeting Date: 5/10/2022 / Packet Page #: 646
Staff Report Page 2 of 3
The summary below provides a summary of recent activities – four projects have been completed, 16 are currently in construction, 16 are in the design phase, and 11 projects are in the pre-design phase, which include citywide assessments, master plans and use of existing cooperative agreements.
Completed Projects
The four projects completed include the following:
Project Code Project Name Cost
ST01 ADA ramps in the Country Club area $150,000
ST08 Sidewalk Improvements totaling $75,000
ST10, W12 Cullen Avenue Water and Street Improvements $464,000 Construction
There are six projects in the construction phase, from the awarding construction contract to completing the construction. These six projects are:
Project Code Project Name Cost
P3 Gladstone Park Playground Project $355,206
SW3 Storm Drain Inlet Insert Installation $210,000
ST9 Citywide Slurry Seal Project $250,000
ST21 Lawford, Cossacks, St. Vladimir Street Rehabilitation $407,000 W09 Cossacks, St. Vladimir & Lawford Water Improvement Project $1,385,388 W17 Gladstone Water Reservoir Demolition and Parking Lot Improvements $949,263
Design
There are 16 active projects in design in streets, water, facilities, and parks:
Project Code Project Name Cost
F9, F18, F33 Council Chamber Interior Upgrades & Expansion $797,500 SW1 Finkbiner Park Stormwater Capture Project $24,380,000 ST3, ST11,
W11, W13
Amelia Avenue & Cumberland Area Street and Water
Replacement (P1)
$3,402,600
ST5, W3 Bennett Ave, Washington Ave, Westridge and Bender Ave Street and Water Main Replacement (P2)
$2,460,000
ST25 Lone Hill Phase 1 Street Rehabilitation $1,878,103 ST26, W23 Mauna Loa Area Street Rehabilitation & Water Main Replacement (P4) $ 4,165,000
ST29 Pedestrian Crossing Enhancement Elementary Schools $517,019 ST32 San Dimas Wash Bridge Improvements Design $246,811 ST 34 Grand Ave and Bennett Avenue Traffic Signal Modification (P5) $200,000
Pre-Design
The Public Works Department is utilizing the recently approved on-call list for professional design services. Two upcoming projects that are programmed for FY 2022/23 will utilize this list are as follows:
Project Code Project Name Cost
SW4 Stormwater Master Plan $250,000
ST2 ADA Transition Plan $275,000
Item #18. Page 2
Meeting Date: 5/10/2022 / Packet Page #: 647
Staff Report Page 3 of 3
There are assessment studies currently underway that will assist in planning the development of the 5- and 10-year CIP’s.
Project Code Project Name Cost
F14 Citywide Facility/Security Assessment $945,750
F15 Citywide Space Planning Assessment $49,800
IT2 Citywide ERP & Land Management and IT Assessment Plan $2,335,000 ST4 Antique Street Lights $1,975,000
W33 Water Master Plan $500,000
The total funding for these assessments is $3,630,750.
The following are projects utilizing the cooperative purchasing agreements:
Project Code Project Name Cost
F42, SW5,
W28
Roof Replacement Projects $423,430
ST9 Citywide Slurry Seal Project $250,000
The total funding for these projects is $673,430.
Cooperative Purchasing Agreements allow the City to reduce administrative costs, work more efficiently, and be more responsive to City needs while adhering to public bidding process provisions as set forth in the Glendora Municipal Code and the California Public Contract Code.
Upcoming City Council CIP Updates
For the next quarterly CIP program update, staff will provide more in-depth information regarding the pavement management plan. Also, following the FY 2022/23 budget, the packaged water and street projects will come before City Council to request award of construction contracts. Quarterly updates on the progress of the CIP program will be presented to the Council on an ongoing basis.
FISCAL IMPACT
There is no fiscal impact for this receive and file report. Projects will be presented for City Council consideration for contract awards at future meetings.
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.
Prepared By Alison Sweet, Public Works Director
Concurs With Not Applicable
Reviewed By Alison Sweet, Public Works 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. Active CIP Projects List
B. CIP Update presentation
Item #18. Page 3
Meeting Date: 5/10/2022 / Packet Page #: 648
Activity for 5/4/2022 ACTIVE CIP PROJECTS PAGE 1 OF 3
Project Type Project Name Project
Code Project Number Funding Status Estimated Project Cost *
Project Team Remarks/Comments
Design Kick-off
Meeting
Completed
Plan
Approval
%
Design
Status
Bid
Opening
Const.
Award
Pre-Const.
Meeting
*
Const. Start
*
Const.
Compl.
*
%
Const.
Status
Notice of
Completion
Date
Final Const.
Report
(Link)
As-Built
Completed
(Link)
Filed
Electronically FY2021 FY2022 FY2023 Programmed FY2024 FY2025 FY2026 Bidwell Plaza Renovation and Library
Building Exterior Weather Proofing F04 22656601
Funded FY 2021/22:
$100,000
Programmed FY
2022/23: $90,000
$ 858,000 M Ansari / M Sledd
Preliminary structural analysis report received
4/12/2022. Scope of Library improvements to be
determined following report.
$ 100,000.00 - $ $ 90,000.00 $ 285,500.00 $ 382,500.00 $ - City Hall Flooring Replacement F09 Programmed FY
2022/23: $151,800 $ 151,800 A Paguio To be packaged with F18 and F33. RFP to be prepared and advertized before end of May 2022. 08/22 $ - $ 151,800.00 - $ $ - $ - $ - City Hall Message Display
Center/Marquee Replacement F10 Programmed FY 2022/23: $37,950 $ 37,950 M Mai To be packaged with F22. Project history and materials
being reviewed by staff in multiple departments
including IT, City Clerk and Library. Project is currently on hold.
08/22 10/22 $ - $ - $ 37,950.00 $ - $ - $ -
City Yard Improved Access, New Parks
& Trees Divisions Office Space F13 22656605
Funded FY 2021/22:
$75,000
Programmed FY
2022/23: $75,000
$ 1,316,000 A Escobar / R Hacecky Schedule site visit to begin drafting scope for design RFP w/ M & O Supervisors. $ 75,000.00 - $ $ 75,000.00 $ 209,000.00 $ 957,000.00 $ - Citywide Facility/Security Assessments F14 20656601
Carried Over: $50,000
Funded FY 2021/22:
$593,250
Programmed FY
2022/23: $302,500
$ 945,750 A Escobar / M Sledd
Facility assessment RFP being drafted. ($250,000)
Security assessment/installation - draft RFP using
proposal from Johnson Controls as guidance for scope.
Once draft is completed, review by relevant
departments before release. ($695,750)
02/01/22 $ 50,000.00 $ 593,250.00 $ 302,500.00 $ - $ - $ - Citywide Space Planning Assessment F15 20605001 Carried Over $49,800 $ 49,800 M Mai Consultant selection in process. Contract award to City Council will be tentatively on June 2022. $ 49,800.00 $ - $ - $ - $ - $ - Council Chamber Interior Upgrades
and Expansion F18 22656602
Funded FY 2021/22:
$426,250
Programmed FY
2022/23: $371,250
$ 797,500 A Paguio To be packaged with F09 and F33. RFP to be prepared and advertized before end of May 2022. 08/22 $ 426,250.00 - $ $ 371,250.00 $ - $ - $ - Detective Bureau Maintenance, Admin
Maintenance, Bathroom Remodel F19 22512801 Funded FY 2021/22: $132,000 $ 132,000 M Mai / M Archibald To be packaged with F29. Public Works staff is working
with Police Department to finalize the scopes of work
and preparing RFP to for bid in July 2022.
07/22 09/22 $ 132,000.00 - $ $ - $ - $ - $ -
HVAC Replacement F21 22656603
Funded FY 2021/22:
$184,050
Programmed FY
2022/23: $530,950
$ 715,000 M Ansari
Design Plans were recieved by ACCO in February
2022. Equipment replacement is on hold until Facility
Assessment and Library future renovation plans are
clear.
$ 209,000.00 - $ $ 506,000.00 $ - $ - $ -
Informational Digital Marquee F22 Programmed FY
2022/23: $56,925 $ 56,925 M Mai
To be packaged with F10. Project history and materials
being reviewed by staff in multiple departments
including IT, City Clerk and Library. Project is currently on hold.
08/22 10/22 $ - $ - $ 56,925.00 $ - $ - $ -
Interior Wayfinding and Informational
Signage F23 22656604 Funded FY 2021/22: $15,180 $ 15,180 J Lo Library staff are collaborating with Friends Foundation to refine scope of work. Public Works will assist as
needed.
$ 15,180.00 - $ $ - $ - $ - $ -
La Fetra Center Building Improvements F24 Programmed FY 2022/23: $286,000 $ 286,000 A Paguio / Community Services Combine with F25. Schedule job-walk with Community
Services to determine complete scope of works and
prepare RFP utilizing On-Call consultants for design.
11/22 $ - $ 286,000.00 - $ $ - $ - $ -
La Fetra Demo and Rebuild Exterior
Stairs F25 20758101
Carried Over: $15,000
Funded FY 2021/22:
$13,600
$ 28,600 A Paguio/R Hacecky Combine with F24. 11/22 $ 15,000.00 $ 13,600.00 $ - $ - $ - $ - Lobby Door Replacement and Lobby
Remodel F29 Programmed FY 2022/23: $66,000 $ 66,000 M Mai /M Archibald To be packaged with F19. Public Works staff is working
with Police Department to finalize the scopes of work
and preparing RFP to for bid in July 2022.
07/22 09/22 $ - $ - $ 66,000.00 $ - $ - $ -
New Office Space for Water Division F32 22656701 Funded FY 2021/22:
$35,000 $ 35,000 TBD
Possibly utilize Sourcewell ezIQC cooperative
purchasing contractor. Facilities staff may be able to
assist with some aspects of install depending on scope. N/A N/A 09/22 11/22 0% $ 35,000.00 - $ $ - $ - $ - $ - Outdoor Glass Doors Finance Hall F33 Programmed FY
2022/23: $12,650 $ 12,650 A Paguio To be packaged with F09 and F18. Full RFP to be prepared and advertized before end of May 2022. 08/22 $ - $ - $ 12,650.00 $ - $ - $ - Police Replace Secure Doors F35 19516601 Carried Over $54,340 $ 54,340 M Mai / M Archibald Public Works staff is working with Police Department to finalize the scopes of work and preparing RFP to for
bid in July 2022.
07/22 09/22 03/22 05/22 $ 54,340.00 $ - $ - $ - $ - $ - Teen Center Facility Interior
Renovation F39 Programmed FY 2022/23: $85,800 $ 85,800 A Paguio / A Warner Schedule job walk with Community Services to determine scope of works and prepare RFP. 10/22 $ - $ - $ 85,800.00 $ - $ - $ - Transportation Yard Modernization and
Relocation F43 22608601
Funded FY 2021/22:
$250,000
Programmed FY
2022/23: $138,500
$ 388,500 S Mateer/ J Lo
Awaiting South Coast Air Quality Management District
(AQMD) grant award. Implementation timing dependent
on relocating Parks/Trees staff to St. Vladimir Yard.
06/22 $ 250,000.00 - $ $ 138,500.00 $ - $ - $ -
Water Refill Stations F44 22655401
Funded FY 2021/22:
$13,100
Programmed FY
2022/23: $13,350
$ 26,450 R Hacecky/ A Ampig Water Refill Stations ordered. Waiting for delivery. $ 13,100.00 - $ $ 13,350.00 $ - $ - $ - City Wide GIS Implementation Phase 1 IT1 22401901
Funded FY 2021/22:
$200,000
Programmed FY
2022/23: $195,000
$ 395,000 M Mai / IT
City Council approved Enterprise Agreement with ESRI
on January 25, 2022.
Beginning infrastructure is in place. IT is working with the City’s departments individually to assess needs and implement appropriate modules. IT is also working with
Miller Spatial for mapping process.
$ 200,000.00 - $ $ 195,000.00 $ - $ - $ -
Citywide ERP & Land Management IT
Assessment Plan IT2 20401902
Carried Over: $75,000
Funded FY 2021/22:
$371,250
Programmed FY
2022/23: $1,888,750
$ 2,335,000 A Ansari/M Mai
IT assessment is done. Community Development is in
vendor selection process. Selected vendor will be
recommended to City Council for approval by July,
2022.
$ 75,000.00 $ 371,250.00 $ 1,888,750.00 $ - $ - $ -
Phone System Full or Partial
Replacement IT3 22401902
Funded FY 2021/22:
$30,000
Programmed FY
2022/23: $30,000
$ 60,000 M Mai / IT IT is identifying headset to be replaced. $ 30,000.00 - $ $ 30,000.00 $ - $ - $ - Wireless Project IT4 22401903 Funded FY 2021/22:
$65,000 $ 65,000 M Mai / IT IT is in vendor selection process to get cable installation estimate followed by configuration. $ 65,000.00 - $ $ - $ - $ - $ - Gladstone Park Playground Project P03 21658201 Funded FY 2021/22:
$355,206 $ 355,206 D Smith / M Ansari Construction awarded September 2021. Estimated project completion June 2022. 100% 09/28/21 11/21/22 03/01/22 05/22 50% $ 355,206.00 - $ $ - $ - $ - $ - Gladstone Water Park/Splashpad P06 20758201
Carried Over: $275,000
Funded FY 2021/22:
$275,000 PARKS $ 550,000 TBD Project is on hold because of severe drought conditions. $ 275,000.00 $ 275,000.00 $ - $ - $ - $ - FACILITIES IT Design Construction End of Project Process Yearly Budget 5/4/2022
8:53 AM
Item #18. Page 4
Meeting Date: 5/10/2022 / Packet Page #: 649
Activity for 5/4/2022 ACTIVE CIP PROJECTS PAGE 2 OF 3
Project Type Project Name Project
Code Project Number Funding Status Estimated Project Cost *
Project Team Remarks/Comments
Design Kick-off
Meeting
Completed
Plan
Approval
%
Design
Status
Bid
Opening
Const.
Award
Pre-Const.
Meeting
*
Const. Start
*
Const.
Compl.
*
%
Const.
Status
Notice of
Completion
Date
Final Const.
Report
(Link)
As-Built
Completed
(Link)
Filed
Electronically FY2021 FY2022 FY2023 Programmed FY2024 FY2025 FY2026 Design Construction End of Project Process Yearly Budget Glendora Urban Trail Phase 2 P08 19758601
Carried Over: $327,000
Funded FY 2021/22:
$119,000
Programmed FY
2022/23: $416,000
$ 862,000 S Mateer / M Ansari
Anticipate finalizing cooperative agreement with San
Gabriel Valley Council of Governments (SGVCOG) in
Summer 2022, followed by continuation of design.
$ 327,000.00 $ 119,000.00 $ 416,000.00 $ - $ - $ -
Finkbiner Park Stormwater Capture
Project SW1 Programmed FY 2022/23: $564,272 $ 24,380,000 A Escobar City Council approved design contract to Craftwater on April 26, 2022. $ - $ 564,272.00 - $ $ 7,017,018.00 $ 10,000,000.00 $ 6,798,710.00 Green Streets Feasibility Study
Assistance SW2 22657501
Funded FY 2021/22:
$15,000
Programmed FY
2022/23: $15,000
$ 30,000 TBD
Funding and oversight by Los Angeles County Safe
Clean Water Program. Applying for Regional Funding
for design. Anticipate result in July 2022. 20% $ 15,000.00 - $ $ 15,000.00 $ - $ - $ - Storm Drain Inlet Insert Installation SW3 22657502
Funded FY 2021/22:
$210,000
Programmed FY
2022/23: $210,000
$ 1,050,000 A Escobar
Bid advertisement to start in April 2022 with
construction contract award in June 2022. Tentative
construction start date is July 2022.
Street Division to be updated with construction
schedule.
$ 210,000.00 - $ $ 210,000.00 $ 210,000.00 $ 210,000.00 $ 210,000.00 Stormwater Master Plan SW4 Programmed FY
2022/23: $250,000 $ 250,000 M Mai Anticipate hiring design consultant from On-Call Master consultant list. $ - $ 250,000.00 - $ $ - $ - $ - Street Yard Roof Addition Project SW5 Programmed FY
2022/23: $120,000 $ 120,000 A Paguio/Ryan Hacecky To schedule job walk and prepare RFP. Tentative award date is set on November 2022. 06/22 07/22 08/22 10/22 $ - $ 120,000.00 - $ $ - $ - $ - ADA Ramps_Citywide ST1 22656203 Funded FY 2021/22:
$150,000 $ 150,000 A Escobar Construction completed April 25, 2022. 03/22/22 12/15/21 100% 01/22 02/08/22 03/30/22 04/11/22 08/22 25% $ 150,000.00 - $ $ - $ - $ - $ - ADA Transition Plan ST2 Programmed FY
2022/23: $275,000 $ 275,000 M Ansari Staff is contacting On-Call Consultant to initiate ADA Self-Evaluation and Transition Plan in FY 22/23. $ - $ 275,000.00 - $ $ - $ - $ - Amelia Avenue and Wildwood Ranch
Road Street Rehabilitation ST3 See W11 $ 2,000,000 A Escobar City Council approved a design contract to Willdan on
January 25, 2022.
Packaged with ST11, W11 and W13. Design awarded
in January 25, 2022 City Council Meeting, with funding
available in ST3 and W13. Consultant is working
toward 30% Plan.
03/01/22 07/22 09/22 11/22 12/22 10/23 $ - $ - $ 75,000.00 $ 1,150,000.00 $ - $ - Antique Street Lights ST4
Funded FY 2021/22:
$24,950
Programmed FY
2022/23: $25,050
$ 1,975,000 M Ansari
65% Design recieved and under final review. Staff will
be taking to the cCouncil for further directions.
01/21/22 60% $ - $ - $ 50,000.00 $ 70,000.00 $ 1,065,000.00 $ 790,000.00 Bennett Avenue, Washington,
Westridge and Bender cul_de_sacs
Street Rehabilitation
ST5 21656202/
21656203
Carried Over: $910,000
Programmed FY
2022/23: $1,170,000
$ 2,080,000 M Mai
City Council approved Design contract on December
14,2021 to Onward Engineering.
Packaged with W3 and included in Amended 5-Year
CIP at January 25, 2022 City Council Meeting. Design
is in progress. Consultant is working towards 60%
Design.
01/18/22 07/22 30% 09/22 12/22 02/23 07/23 $ 910,000.00 $ 1,170,000.00 - $ $ - $ - $ - CDBG Funded Bender, Carter, Et. Al
Street Rehabilitation ST6 22656201
Funded FY 2021/22:
$437,463
Programmed FY
2022/23: $248,140
$ 685,603 A Escobar
Construction will be packaged with W02. Construction
start subject to future budget allocations. Bid
advertisement in late June 2022.
08/01/21 04/22 100% $ 437,463.00 - $ $ 248,140.00 $ - $ - $ - Citywide Electric Charging Stations ST7 22656501
Funded FY 2021/22:
$150,000
Programmed FY
2022/23: $25,000
$ 175,000 S Mateer/ M Ansari
AQMD Grant Funding was not awarded. Alternative
funding will need to be identified. Project will be delayed as a result. Maintenance will be under Facilities after installation.
$ 150,000.00 - $ $ 25,000.00 $ 100,000.00 $ - $ -
Citywide Sidewalk Improvements ST8 22656205
Funded FY 2021/22:
$75,000
Programmed FY
2022/23: $75,000
$ 375,000 A Escobar
City Council approved construction to CT &T Concrete
Paving, Inc. on February 8, 2022.
Awarded construction contract with ST1. Sidewalk
construction completed April 25. Sidewalk grind
performed this week.
03/22/22 12/21/21 100% 01/06/22 02/08/22 03/22/22 04/11/22 08/22 $ 75,000.00 - $ $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 Citywide Slurry Seal Project ST9 22656503
Funded FY 2021/22:
$250,000
Programmed FY
2022/23:
$250,000
$ 1,250,000 J Lo
Award to Sourcewell ezIQC cooperative purchasing
contractor in May 2022. Construction Services will be
awarded in May 10, 2022.
100% 05/22 07/22 08/22 $ 250,000.00 - $ $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00 Cumberland, Palomar, Lone Hill, N/O
Foothill ST11 See W11 $ 600,000 A Escobar
City Council approved a design contract to Willdan on
January 25, 2022.
Packaged with ST3, W11 and W13. Design awarded in
January 25, 2022 City Council Meeting, with funding
available in ST3 and W13. Consultant is working
toward 30% Plan.
03/01/22 07/22 08/22 09/22 10/22 06/23 $ - $ - $ 600,000.00 - $ $ - $ - Develop Local Roadway Safety Plan
(LRSP) ST13 22656202 Funded FY 2021/22: $55,000 $ 55,000 M Ansari Design Services award in November 9, 2021. Consultant is collecting data through internet survey. 11/30/21 11/21 06/22 $ 55,000.00 - $ $ - $ - $ - $ - Downtown Parking Lot Rehabilitation
Program ST14 Programmed FY 2022/23: $250,000 $ 1,000,000 TBD Anticipate hiring design consultant from on-call master consultant list pending its Council approval. Design will begin in FY 2022/23 to coincide with budget
programming.
06/22 07/22 08/22 09/22 11/22 $ - $ 250,000.00 - $ $ 250,000.00 $ 250,000.00 $ 250,000.00 Foothill Gold Line Construction
Management ST15 17656509
Funded FY 2021/22:
$550,000
Programmed FY
2022/23: $550,000
$ 1,700,000 A Sweet / JMD
Consultant
Ongoing project to monitor Gold Line extension in the
City of Glendora. JMD, Inc. has been contracted to
represent the City.
$ 550,000.00 - $ $ 550,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 Glendora First/Last Mile Program ST17 20608602
Funded FY 2021/22:
$320,000
Programmed FY
2022/23:
$855,000
1175000 S Mateer / M Ansari
Anticipate finalizing cooperative agreement with
SGVCOG in Summer 2022. Project will be phased
based on the availability of funding.
City Council approved to combine with Glendora People
Movement Project on March 22, 2022.
$ 320,000.00 - $ $ 855,000.00 $ - $ - $ -
Lawford, Cossacks, St. Vladimir Street ST21 22656204 Funded FY 2021/22: $ 407,000 J Lo Packaged with W09. Water improvement finish 95% of N/A 05/19/21 100% 06/01/21 07/13/21 02/02/22 05/22 07/22 $ - $ 407,000.00 $ - $ - $ - $ - Lawford, Cossacks, St. Vladimir Street
Rehabilitation ST21 22656204 Funded FY 2021/22: $407,000 $ 407,000 J Lo Construction packaged with W09. Tentative start of
construction in Mid 2022.
Construction of sidewalk on south of St. Vladimir will be recommended to City Council on May 10, 2022.
N/A 05/19/21 100% 06/01/21 07/13/21 02/02/22 05/22 07/22 $ 407,000.00 - $ $ - $ - $ - $ - Lonehill Phase 1 Street Rehabilitation ST25 17656503 Carried Over $1,878,103 $ 1,878,103 M Mai Pending California Department of Transportation
(Caltrans) encroachment permit. Preliminary
Environmental Study (PES) form has been signed by
Caltrans. Pending for CEQA Exemption (CE). Preparing
documents for right-of-way (RoW) certification.
Construction request for authorization (RFA) will be
prepared once receiving ROW certification.
90% 05/23 07/23 10/23 $ 1,878,103.00 $ - $ - $ - $ - $ - Mauna Loa, east of Glendora Ave
Street Improvements ST26 22656208
Funded FY 2021/22:
$100,000
Programmed FY
2022/23:
$4,065,000
$ 2,200,000 M Mai
City Council approved a design contract to Muholland
Consulting on January 25, 2022.
Packaged with W23. Design service has been awarded
to Mulholland Consulting, Inc. Surveying is done.
Consultant to submit 30% plans on mid-May, 2022.
02/28/22 08/22 15% 10/22 01/23 03/23 08/23 PARKS STROMWATER STREETS 5/4/2022
8:53 AM
Item #18. Page 5
Meeting Date: 5/10/2022 / Packet Page #: 650
Activity for 5/4/2022 ACTIVE CIP PROJECTS PAGE 3 OF 3
Project Type Project Name Project
Code Project Number Funding Status Estimated Project Cost *
Project Team Remarks/Comments
Design Kick-off
Meeting
Completed
Plan
Approval
%
Design
Status
Bid
Opening
Const.
Award
Pre-Const.
Meeting
*
Const. Start
*
Const.
Compl.
*
%
Const.
Status
Notice of
Completion
Date
Final Const.
Report
(Link)
As-Built
Completed
(Link)
Filed
Electronically FY2021 FY2022 FY2023 Programmed FY2024 FY2025 FY2026 Design Construction End of Project Process Yearly Budget North Loraine Avenue Street Parking
Facility ST28 22656206 Funded FY 2021/22: $50,000 $ 50,000 M Ansari Check latest status and furthe stepsTentative design award August 2022. $ 50,000.00 - $ $ - $ - $ - $ - Pedestrian Crossing Enhancement
Elementary Schools ST29 20656502 Carried Over $549,579 $ 549,579 M Ansari/ M Mai Federally funded project. Bidding to happen upon
receiving Caltrans approval of funds. Construction RFA
is under review with Caltrans.
02/22/22 100% 07/22 08/22 12/22 09/22 11/22 $ 549,579.00 $ - $ - $ - $ - $ - San Dimas Wash Bridge
Improvements Design ST32 18656502 Carried Over $246,811 $ 246,811 M Ansari City requested to change scope of work as initial scope is not needed.
Under Caltrans review.
Construction award is tentatively anticipated in
December 2023.
12/22 12/23 $ 246,811.00 $ - $ - $ - $ - $ -
Traffic Signal Enhancements - Bennett
and Grand Intersection - Left Turn
Phasing
ST34 22656502
Funded FY 2021/22:
$200,000
Programmed FY
2022/23: $200,000
1000000 A Paguio
City Council approved Design contract on December
14,2021 to Onward Engineering.
Design consultant submitted 90% plans for Engineering
review on April 29, 2022. Estimated construction award
is September 2022.
44579 90% 44835 44835 45078 $ 200,000.00 - $ $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 Bender Carter Sante Fe Newburgh
Water Main W02 20657007 Carried Over $2,212,600 $ 2,212,600 A Escobar Construction will be packaged with ST6. Construction start subject to future budget allocations. 08/01/21 03/24/22 100% $ 2,212,600.00 $ - $ - $ - $ - $ - Bennett Ave, Washington, Westridge
and Bender cul_de_sac W03 22657001
Funded FY 2021/22:
$1,550,000
Programmed FY
2022/23:
$1,025,000
$ 2,575,000 M Mai
City Council approved Design contract on December
14,2021 to Onward Engineering.
Packaged with W3 and included in Amended 5-Year
CIP at January 25, 2022 City Council Meeting. Design
is in progress. Onward Engineering is working on 60%
design.
01/18/22 07/22 30% 09/22 12/22 02/23 07/23 $ 1,550,000.00 - $ $ 1,025,000.00 $ - $ - $ - Blue Bird Pump Station - Construction W04 19657009
Funded FY 2021/22:
$118,200
Programmed FY
2022/23: $2,000,000
$ 4,118,206 TBD On hold for Water Infrastructure Assessment Report. 85% $ 118,206.00 - $ $ 2,000,000.00 $ 2,000,000.00 $ - $ - Cossacks Pl, St. Vladimir St & Lawford
St_Water Main W09 20657008
Carried Over: $269,100
Funded FY 2021/22:
$1,582,900
$ 1,445,000 J Lo
Packaged with ST21. Contractor passed new water
services water pressure test. Schedule to do the
chlorination and baterial test from May 2 to May 13.
N/A 05/19/21 100% 06/01/21 07/13/21 02/02/22 02/07/22 04/22 90% $ 269,100.00 $ 1,175,900.00 $ - $ - $ - $ - Country Club , Country Club Vista
Water Mains Replacement W11
Funded FY 2021/22:
$226,000
Programmed FY
2022/23: $3,176,600
$ 1,020,400 A Escobar
City Council approved a design contract to Willdan on
January 25, 2022.
Packaged with ST3, ST11, and W13. Design awarded
in January 25, 2022 City Council Meeting, with funding
available in ST3 and W13. Consultant is working
toward 30% Plan.
03/01/22 07/22 08/22 09/22 10/22 06/23
Cumberland, Palomar, Lone Hill_N/O
Foothill W13 22657002 See W11 $ 765,000 A Escobar
City Council approved a design contract to Willdan on
January 25, 2022.
Packaged with ST3, ST11, and W11 Design awarded
in January 25, 2022 City Council Meeting, with funding
available in ST3 and W13. Consultant is working
toward 30% Plan.
03/01/22 07/22 08/22 09/22 10/22 06/23 $ 50,000.00 - $ $ 715,000.00 $ - $ - $ - Gladstone Reservoir (8) and Booster
Demolition W17 18657001 Carried Over $949,263 $ 949,263 A Paguio City Council awarded a construction contract to on
March 22, 2022.
Pre-construction meeting was held on April 27, 2022.
Notice to Proceed has been issued. Construction starts
May 5, 2022.
08/31/21 01/27/22 100% 02/24/22 03/22/22 05/22 08/22 $ 949,263.00 $ - $ - $ - $ - $ - Mauna Loa, east of Glendora Ave
Water Main Project W23 22656208 See ST26 $ 2,350,000 M Mai City Council approved a design contract to Muholland
Consulting on January 25, 2022.
Packaged with ST26. Design service has been awarded
to Mulholland Consulting, Inc. Surveying is done.
Consultant to submit 30% plans on mid-May, 2022.
02/28/22 08/22 15% 10/22 01/23 03/23 08/23 $ - $ 115,000.00 - $ $ 1,045,000.00 $ 1,190,000.00 $ - New PM_26A & Big Dalton Spreading
Ground Improvements and Multi-Use
Facility
W24 22657003 Funded FY 2021/22:
$1,500,000 $ 1,500,000 C Abegolu
This is a joint venture with Los Angeles County Flood
Control District and Three Valleys Municipal Water
District. The City is currently evaluating the project to gauge extent of participation and cost sharing.
X 08/22 10/22 01/23 04/23 12/23 $ 1,500,000.00 - $ $ - $ - $ - $ - San Gabriel Plant and Water Yard
Warehouse Roof Repairs W28 Programmed FY 2022/23: $280,000 $ 280,000 A Paguio To schedule Job walk with Water Division and prepare RFP. Tentative award date is set on November 2022. 06/22 09/22 08/22 10/22 $ - $ 280,000.00 - $ $ - $ - $ - Water Master Plan W33 22657004
Funded FY 2021/22:
$250,000
Programmed FY
2022/23: $250,000
$ 500,000 C Obegolu
City Council awarded the Integrated Water Master Plan
and Water Rate Study to AKM Consulting Engineers on
February 8, 2022,
Work has commenced including data collection, site
visits, hydrualics model calibration, rate model
development, etc. Estimated completion date of
December 2022.
02/09/22 0% 01/22 N/A N/A 0% $ 250,000.00 - $ $ 250,000.00 $ - $ - $ - Total Number of Active Projects =
115
# Proj's
Design
Compl. 0
# Proj's Const.
Compl.0 $ 7,861,596.00 ############ $ 14,290,887.00 $ 21,100,703.00 $ 40,362,500.00 $ 24,081,560.00 WATER 5/4/2022
8:53 AM
Item #18. Page 6
Meeting Date: 5/10/2022 / Packet Page #: 651
Quarterly Capital
Improvement Plan Update
Public Works Department
City Council
May 10, 2022
CityOfGlendora.org
Item #18. Page 7
Meeting Date: 5/10/2022 / Packet Page #: 652
Background
• 2020-2023 Strategic Plan
– Improve and maintain the City’s infrastructure and facilities – Update the City’s Capital Improvement Plan
• Plan for a 1, 2, 5 and 10 year horizon
• June 22, 2021, City Council approved the Fiscal Year 2021/22 & 2022/23 Two Year Budget, which included a 5-year Capital Improvement Plan (CIP) totaling approximately – $11 million of funded projects for the current fiscal year (FY 2021/22) – 45 projects – $14.7 million of programmed projects for the next fiscal year (FY 2022/23) – 50 projects – $85.5 million of currently unfunded projects in future fiscal years (FY 2023/24 through FY 2025/26) – 65 projects
2 Item #18. Page 8
Meeting Date: 5/10/2022 / Packet Page #: 653
Active Project List on the Website
3 Item #18. Page 9
Meeting Date: 5/10/2022 / Packet Page #: 654
Completed Projects
4 Active
Project
Code
Description Funded
FY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Cost Estimate Project Status
ST10 Cullen Avenue Street
Improvement $200,000 $- $- $200,000 Construction Completed W12 Cullen Water Main $264,000 $- $- $264,000 Construction Completed ST1 ADA Ramps $150,000 $- $- $150,000 Construction Completed ST8 Sidewalk Improvements $75,000 $75,000 $225,000 $375,000 Construction Completed Total Fiscal Year Cost Estimate $689,000 $- $- $689,000 Item #18. Page 10
Meeting Date: 5/10/2022 / Packet Page #: 655
Cullen Water and Street Improvements
5 Item #18. Page 11
Meeting Date: 5/10/2022 / Packet Page #: 656
Cullen Water and Street Improvements
6 Item #18. Page 12
Meeting Date: 5/10/2022 / Packet Page #: 657
ADA Ramps and Sidewalks
7 Item #18. Page 13
Meeting Date: 5/10/2022 / Packet Page #: 658
ADA Ramps and Sidewalks
8 Item #18. Page 14
Meeting Date: 5/10/2022 / Packet Page #: 659
ADA Ramps and Sidewalks
9 • Rimhurst Ave Drainage Improvements
Item #18. Page 15
Meeting Date: 5/10/2022 / Packet Page #: 660
St. Vladimir Water Improvements
10 Item #18. Page 16
Meeting Date: 5/10/2022 / Packet Page #: 661
Projects in Construction Process
11 Active
Project
Code
Description Funded
FY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Cost Estimate Project Status
P03 Gladstone Park
Playground Project $355,206 $- $- $355,206 Estimated project completion June 2022.
W17
Gladstone Water Reservoir
Demolition and Parking
Lot Improvements
$949,263 $- $- $949,263 Construction bidding starts January 2022.
Estimated construction completion August 2022.
ST21
Lawford, Cossacks, St.
Vladimir Street
Rehabilitation
$407,000 $- $- $407,000 Sidewalk installation at St. Vladimir to start in June 2022.
W09
Cossacks, St. Vladimir &
Lawford Water
Improvement Project
$1,385,388 $- $- $1,385,388 Water Main is installed. Testing is in progress.
To be completed in May 2022
ST9 Citywide Slurry Seal
Project $250,000 $250,000 $750,000 $1,250,000 Recommending award at this meeting.
SW3 Storm Drain Inlet Insert
Installation $210,000 $210,000 $630,000 $1,050,000 Bid Opening was on May 19, 2022 Total Fiscal Year Cost Estimate $3,346,857 $- $- $5,396,857 Item #18. Page 17
Meeting Date: 5/10/2022 / Packet Page #: 662
Gladstone Playground
12 Item #18. Page 18
Meeting Date: 5/10/2022 / Packet Page #: 663
Gladstone Playground
13 Item #18. Page 19
Meeting Date: 5/10/2022 / Packet Page #: 664
Projects in Design
14 Active
Project
Code
Description Funded
FY 2021/22
Programme
d
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Cost Estimate Project Status
ST3
ST11
W11
W13
Amelia Ave & Cumberland
Area Street Rehabilitation &
Water Main Replacement (P1) $226,000 $3,176,600 $- $3,402,600 30% plans received.
ST5
W3
Bennett Ave, Washington Ave,
Westridge and Bender Ave
Street and Water Main
Replacement (P2)
$2,460,000 $2,195,000 $4,655,000 60% plans received.
ST26
W23
Mauna Loa Area Street
Rehabilitation & Water Main
Replacement (P4)
$100,000 $4,065,000 $- $4,165,000 30% plans received.
ST34 Grand Ave and Bennett Avenue
Traffic Signal Modification (P5) $200,000 $200,000 90% plans received.
Item #18. Page 20
Meeting Date: 5/10/2022 / Packet Page #: 665
Projects in Design
15 Active
Project
Code
Description Funded
FY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Cost Estimate Project Status
F9
F18
F33
Council Chamber Interior
Upgrades & Expansion $426,250 $371,250 $- $797,500 RFP to be sent out May 5 SW1
Finkbiner Park
Stormwater Capture
Project
$- $564,272 $23,815,728 $24,380,000
Will receive $2,581,286 from WASC. Working on
Transfer Agreement; consultant selection from
On-Call Master Consultant List.
ST25 Lone Hill Phase 1 Street
Rehabilitation $1,878,103 $- $- $1,878,103
Pending Caltrans Encroachment Permit; next
steps to apply for Federal Funding. Construction
award TBD.
ST29
Pedestrian Crossing
Enhancement Elementary
Schools
$517,019 $- $- $517,019
Submit ROW for Caltrans approval; next step to
apply for Caltrans construction approval before
bidding. Estimated contract award August 2022.
ST32 San Dimas Wash Bridge
Improvements Design $246,811 $- $- $246,811
City requested to change scope of work as initial
scope is not needed. Under Caltrans review.
Design Award TBD.
Total Fiscal Year Cost Estimate $6,054,183 $8,177,122 $23,815,728 $38,047 Item #18. Page 21
Meeting Date: 5/10/2022 / Packet Page #: 666
Consultant Selection from On-Call Master List
16 Active
Project
Code
Project Description Funded
FY 2021/22
Programmed
FY 2022/23
UnFunded
FY24 to FY26
Total Project
Cost Estimate Project Status
SW4 Stormwater Master Plan $- $250,000 $- $250,000
ST2 ADA Transition Plan $- $275,000 $- $275,000
Total Fiscal Year Cost Estimate $0 $525,000 $- $525,000 Item #18. Page 22
Meeting Date: 5/10/2022 / Packet Page #: 667
Recommendations from Assessment Studies
17 Active
Project
Code
Project Description Predecessor
Assessment Project Funding Year
IT3 Phone System Full or Partial
Replacement
IT2 - Citywide ERP & Land
Management IT Assessment Plan
FY22 – Funded FY23 -
Programmed
W29
San Gabriel Plant Emergency Generator
Power Load Reallocation and
Management
W33 – Water Master Plan FY20 - Carryover
W30 Silent Ranch Boosters Upgrade W33 – Water Master Plan FY20 - Carryover Item #18. Page 23
Meeting Date: 5/10/2022 / Packet Page #: 668
Packaging – Cooperative Purchasing Agreement
18 Package 2
Active
Project
Code
Description Funded
FY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to
FY26
Total Project
Cost
Estimate
Project Status
F42 Transportation Roof Replacement $23,430 $- $- $23,430 SW5 Street Yard Roof Addition Project $- $120,000 $- $120,000 W28 San Gabriel Plant and Water Yard
Warehouse Roof Repairs $- $280,000 $- $280,000
Package 2 Total Fiscal Year Cost Estimate $23,430 $400,000 $- $423,430 Item #18. Page 24
Meeting Date: 5/10/2022 / Packet Page #: 669
Recommendation
That the City Council:
1. Receive and file the report.
19 Item #18. Page 25
Meeting Date: 5/10/2022 / Packet Page #: 670