APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 20__, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #17. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 473
Local Assistance PLBP Projects
District Project Description Amount (Whole $)
3 $1,200,000 to the County of Sacramento for the Interstate 80 Walerga Park Sound Wall. $1,200,000 4 $5,000,000 to the City of Redwood City for the Ferry Terminal. $5,000,000 4 $8,000,000 to the City of San Jose for the Warm Springs Quiet Zone. $8,000,000 4 $7,200,000 to the City of Fremont: Mission Boulevard Interchange Modernization Project. $7,200,000 4 $3,000,000 to Sonoma County Transportation Authority for Hwy 37 final design. $3,000,000 4 $4,000,000 to the Sonoma County Transportation Authority for marsh restoration, sea-level rise protection, and advanced mitigation for future State Route 37 corridor improvements. $4,000,000 5 $300,000 to the City of Goleta for signaled pedestrian crosswalks. $300,000 5 $3,000,000 to City of Atascadero for downtown infrastructure enhancement for the City of Atascadero. $3,000,000 7 $800,000 to the City of La Mirada for a pedestrian Bridge at Creek Park. $800,000 7 $8,500,000 to the City of Inglewood for the Market Street Streetscape Improvement Program, and Market Street Facade and Tenant Improvement Program. $8,500,000 7 $2,000,000 to the City of Lawndale for local roadway safety improvements. $2,000,000 7 $5,000,000 to the City of Los Angeles for the Colorado Bridge Undercrossing East Bank River Way Project. $5,000,000 7 $10,000,000 to the City of Glendale for the Glendale Narrows Bridge. $10,000,000 7 $10,000,000 to the City of Compton for the Center Ave. Green Street Improvement. $10,000,000 7 $1,500,000 to the City of Glendora to retrofit streetlights. $1,500,000 10 $5,000,000 to the City of Modesto for infrastructure improvements to County Islands located within the city limits. $5,000,000 11 $823,000 to the City of San Diego for the Pedestrian Path Woodman Street, Reo Drive Streetlights, 54th Street Pedestrian Path, Rolando Park V-Calming Devices. $823,000 11 $2,500,000 To the City of San Diego for Road repairs and replacements in Rancho Bernardo due to 2007 Witch Creek Fire. This area includes: Azucar Way, Aguamiel Road, Cabela Drive, Aliento Court, Escoba Place, Palito Circle, Danza Circle, Sedero Court, Nevoso Way, Grillo Court, and Alcalde Court.
$2,500,000
$77,823,000
May 25, 2022
Item #17. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 474
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
1.1 The California Department of Transportation (Caltrans) and the City of Glendora, a general law city & municipal corporation (City) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This Agreement is not valid until signed by both parties. This Agreement shall expire on City’s completion of its obligations under this Agreement, but may be extended by amending this Agreement.
BACKGROUND
2.1 Section 19.56, subdivision (e)(26) of the Budget Act of 2021 (the Act) appropriated $1,500,000 (the Funds) from the State General Fund to Caltrans, to be allocated to City for the Retrofit Streetlights.
2.2 Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a funds transfer agreement.
2.3 Preserve Character and Heritage of Glendora
The Antique Streetlight System was originally installed in 1911 and 1914,and is located near/around the Glendora Village. It consists of copper and steel poles with two different types of fixtures, operating on high voltage with no equipment grounding. With time, the conduit, where present, corroded, and the lead wiring fused together. As the system deteriorated, it became increasingly difficult to maintain, and was shut down by the City in 2004 due to unsafe conditions.
Downtown Glendora lost its historical appearance and also created safety concern. Since that time, various discussions and actions were taken place to retrofit and upgrade the system to make it operational again. With immediate priorities and constrained budget, City could not reenergize the antique streetlights.
SCOPE OF WORK
3.1 The Retrofit Streetlight Project is titled as “Glendora Antique Streetlight Retrofit Project”. The project location is Downtown Glendora Historic District specifically Glendora Avenue from Sierra Madre Avenue to Bennett Avenue; Vista Bonita Avenue from Leadora Avenue to Bennett Avenue and Ada Avenue to Item #17. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 475
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
2 Glendora Avenue; Wabash Avenue from Leadora Avenue to Ada Avenue; Ada Avenue from Wabash Avenue to Vista Bonita Avenue; Bennett Avenue from Pennsylvania Avenue to Minnesota Avenue and Whitcomb Avenue from Wabash Avenue to Minnesota Avenue.
The project will replace 107 poles with fixtures and appurtenances, conduit, wiring, repaving, necessary restoration and associated repairs.
The Funds provided under this Agreement will be used to partially fund the construction of the infrastructure portion of the project.
Deliverable for this agreement will be the fully constructed project as described above.
3.2 City attests that it shall only use Funds for the Project specified in the Act. City’s self- attestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The Funds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.56 of the Act, if the Funds are not encumbered by June 30, 2022, they shall revert to the State’s General Fund.
4.2 Payments shall be made as authorized by Sections 19.56(c) and 19.57(c) of the Act.
4.3 Within 30 days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include a description of completed Project component(s) and a description of Project outcomes. Photographs of the Project are encouraged to be included.
4.4 Any Project costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City to Caltrans.
4.5 City shall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
Item #17. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 476
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
3 INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Name: Steve Novotny, DLAE
Address:100 S. Main Street, Suite
100, 12th Floor, LA CA 90012
Phone Number:213-792-3130
Email: [email protected]
For City of Glendora]:
Name: Adam Raymond
Address: 116 E. Foothill Blvd,
Glendora, CA 91741
Phone Number: 626-914-8201
Email:[email protected]
5.2 Each party may change their representative listed above upon 10 calendar days’ written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug-Free Workplace Requirements: City will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
Item #17. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 477
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
4 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has occurred: City has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: City needs to be aware of the following provisions regarding current or former state employees. If City has any questions on the status of any person rendering services or involved with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that Item #17. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 478
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
5 state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City violates any provisions of above paragraphs, such action by City shall render this Agreement void. (Pub. Contract Code §10420.) If the Agreement is rendered void, [Agency Title] shall return all Funds.
6.3 Labor Code/Workers' Compensation: City needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and City affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
6.4. Americans With Disabilities Act: City assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
6.5. City Name Change: An amendment is required to change City’s name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air or Water Pollution Violation: Under State law, City shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Item #17. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 479
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
6 6.8. Audit: City agrees that Caltrans, the California Department of General Services, the California State Auditor’s Office, or other State agency with a legitimate business purpose, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. City agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of record retention is stipulated.
6.9. Amendments: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City must be approved by its Board of Directors as evidenced by a resolution, order, motion, or ordinance of the City and a copy provided to Caltrans. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6.10. Caltrans and City shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement may be executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
Item #17. Page 12
Meeting Date: 6/28/2022 / Packet Page #: 480
Project ID PLBPL-5204(025)
Advantage ID 0722000351
Funds Transfer Agreement Between the California Department of Transportation and the City of Glendora
7 State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Jeanie Ward-Waller
Deputy Director for Planning & Modal
Programs
Date:
City:
City of Glendora
Printed Name: Adam Raymond
Signature:
Title: City Manager
Date:
Accounting Certification
Jennie Yee 06/20/2022 $1,500,000.00
Item #17. Page 13
Meeting Date: 6/28/2022 / Packet Page #: 481
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Meeting Date: 6/28/2022 / Packet Page #: 482
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Meeting Date: 6/28/2022 / Packet Page #: 483
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Meeting Date: 6/28/2022 / Packet Page #: 485
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Meeting Date: 6/28/2022 / Packet Page #: 488
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: APPROVE AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES WITH WESTERN
WATER WORKS SUPPLY COMPANY FOR THE PURCHASE OF WATER LINE PARTS AND SUPPLIES EXTENDING THE AGREEMENT FOR ONE YEAR TO FY2022/23 IN THE AMOUNT OF $175,000 (STRATEGIC PLAN ITEM 13-IFSS)
RECOMMENDATION
That the City Council:
1. Approve Amendment No. 3 to the Agreement for Services with Western Water Works Supply Company for Purchase of Water Line Parts and Supplies Extending the Agreement for one (1) year to FY 2022/23 in the amount of $175,000; and
2. Authorize the City Manager or his designee to execute Amendment No.3 with Western Water Works Supply Company including minimal and/or non-substantive changes.
EXECUTIVE SUMMARY
At the June 25, 2019, Council meeting, the City Council approved a contract for the purchase of water line parts and supplies with Western Water Works Supply Company of Chino (Western). The original contract durations were for one year with the possibility of extension for five (5) additional years based on the agreement of both parties. Previously, the City Council directed staff to return for approval to exercise each amendment/extension allowed within the agreement. Amendment No. 3 is requesting authority to execute the amendment and authorizes the City Manager to approve the extensions up to one (1) additional year. This authority will allow for a review of any increases in the cost of materials and supplies.
The purpose of the proposed contracts is to provide the Water Division with an effective and efficient way to manage the purchase of supplies throughout the fiscal year as well as during emergency repairs when more than the everyday supplies are required quickly to reduce water loss and ensure the health and safety of residents. The contract is a not-to-exceed amount of $175,000 annually.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The bid opening for the purchase of water line parts and supplies was held on May 16, 2019. Two (2) companies submitted their bids for parts and supplies as well as a list of prior work done for municipal agencies. Since the unit price lists are based on a random sample of items frequently purchased and not a single project, the bid amounts are used to verify that each company charges the city appropriately for the pasts being provided. The prior experience documents are utilized to ensure that their work with other agencies was successful and that they provided quality materials in a quick manner. Agencies from each list were contacted to verify performance for each vendor.
At the June 25, 2019, Council meeting, the City Council approved the contract for water line parts and supplies with Western. The original contract duration was for one year with the possibility of extension for five (5) additional years based on the agreement of both parties.
The original agreement only has pricing for the first year. Due to the nature of the contract being for materials which might be subject to change due to Consumer Price Index, the original contract does not forecast the annual costs for subsequent years. Western submitted their current material prices with a Item #18. Page 1
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Staff Report Page 2 of 2
letter expressing their interest in moving forward with the extension for the next fiscal year. See Attachment C for current material rates.
DISCUSSION
The current contract agreement with Western is due to expire on June 30, 2022. Amendment No. 3 is requesting authority for the City Manager to extend the term of the contract agreement by one (1) additional year with a new contract expiration date of June 30, 2023.
The purpose of the proposed contracts is to provide the Water Division with an effective and efficient way to manage the purchase of supplies throughout the fiscal year as well as during emergency repairs when more than the everyday supplies are required quickly to reduce water loss and ensure the health and safety of residents.
The contract is not-to exceed a maximum of $175,000 annually. It is difficult to predict how many clamps, valves, and other materials will be required each year due to the frequent changes in weather and the age of the water system. The contract provides staff with the option to contact the vendor quickly and receive the most time effective response at the lowest possible cost based on the materials needed.
FISCAL IMPACT
The contract is funded from the Water Distribution Water Line Parts and Supplies budget (5316570.53520). Costs will vary depending on the needs of the Water Division each fiscal year. The FY23 budget for these supplies is $227,310 which is sufficient for this agreement and allows for other supplies to be purchased as needed.
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 Ivy Gonzalez, Administrative Assistant
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. Western Water Works Supply Co. Original Contract and Amendments 1 & 2 B. Western Water Works Supply Co. Contract Amendment No. 3 C. Western Water Works Supply Co. Rates FY 2022-2023
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Project Name, Plan No.
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AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 3”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and WESTERN WATER WORKS SUPPLY COMPANY OF CHINO, a California Corporation (“Contractor”), is effective as of the ____ day of _______, 2022.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services, dated June 25, 2019 (the “Agreement”), whereby Contractor agreed to provide Water Line Parts and Supplies.
B. City and Contractor entered into that certain Amendment No. 1 to the Agreement, dated September 8, 2020, whereby the parties amended Exhibits “C,” “C-1,” and “D” of the Agreement.
C. City and Contractor entered into that certain Amendment No. 2 to the Agreement, as amended, dated April 27, 2021, where by the parties amended Section 3.4 and Exhibit “C” of the Agreement, as amended
D. City and Contractor now desire to again amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2022 to the close of business on June 30, 2023.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. 3.4 Term
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term”
b. EXHIBIT “C” SCHEDULE OF COMPENSATION – Section I. A. “Unit Price List & Hourly Rate Sheet attached within as Exhibit C-1 Rates within bid shall be considered firm for the duration of the contract (July 1, 28th June
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2019 through June 30, 2021 July 1, 2022 through June 30, 2023). There shall be no escalation upon any rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary. The City reserves the right to accept or reject yearly renewal rate increases containing escalation stipulations as it deems to be in the best interest of the City”.
c. EXHIBIT “C-1” SCHEDULE OF PERFORMANCE replace the original Exhibit C-1 in its entirety with the attached Exhibit C-1.2022 Unit Price List.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 3, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 3, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
5. Authority. The persons executing this Amendment No. 3 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 Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
[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:
Western Water Works Supply Company
Name: Jake Himes
Title: CFO
[email protected]
Name: Jennifer Himes
Title: VP of Sales
[email protected]
Address: 5831 Pine Ave
Chino Hills, CA 91709
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
DocuSign Envelope ID: 48564669-3E19-4F79-9CC4-E6E7EEB6594A June 8, 2022 | 3:33 PM PDT
June 8, 2022 | 2:35 PM PDT
Item #18. Page 54
Meeting Date: 6/28/2022 / Packet Page #: 542
PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/18/22 05/18/22 1226280-00
PROPOSAL SUBMITTED BY:
SANTA FE SPRINGS
12247 LAKELAND RD
SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000
FAX: (626)579-1389
www.wwwsco.com
PLEASE REVIEW THIS PROPOSAL VERY CAREFULLY. THANK YOU FOR YOUR CONSIDERATION.
WARNING:
Material costs are unstable. Beginning in 2018, the U.S. Government has begun to implement new tarrifs that have both directly and indirectly led to cost increases from many of our vendors. There is also the potential that tariffs could broaden or increase further as trade relations develop. This uncertainty has caused many of our vendors to warn of additional cost increases that may go into effect in the near future, but without a clear timeline. Therefore, we can only hold the prices in this proposal on a 15/30 basis, which means prices are firm for 15 days, and material must ship within 30 days. We apologize for the problems this may create and are doing the best that we can to manage the situation. Thank you for your understanding.
Item #18. Page 55
Meeting Date: 6/28/2022 / Packet Page #: 543
PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/18/22 05/18/22 1226280-00
JOB ID PAGE NO.
2019-2023 ANNUAL R 1
CUST #: 7021
BILL TO
CITY OF GLENDORA
116 E FOOTHILL BL
GLENDORA, CA 91741-3380
SHIP TO
CITY OF GLENDORA
1051 E SIERRA MADRE AV
GLENDORA, CA 91741-2978
INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS
SANTA FE SPRINGS OUR TRUCK NET 30 DAYS
CONTACT
WORK EMAIL
IVY GONZALEZ
[email protected]
LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT
-
************************************************************ NO DELIVERIES ACCEPTED BETWEEN 11:30-12:30 DURING LUNCH ************************************************************ -
ALL GATE VALVES TO BE MUELLER ONLY
-
1 22600060007000# 1 1 EA 94.40 94.40
6X7.5 SINGLE BAND FC CLAMP 5.95"- 6.35" OD R
2 22600060010000# 1 1 EA 141.40 141.40
6X10 SINGLE BAND FC CLAMP 5.95"- 6.35" OD R
3 22600080007000# 1 1 EA 117.40 117.40
8X7.5 SINGLE BAND FC CLAMP 7.95"- 8.35" OD R
4 22600066307000# 1 1 EA 103.80 103.80
6X7.5 SINGLE BAND FC CLAMP 6.56"- 6.96" OD R
5 KS60-100 60 60 FT 10.40 624.00
1 K SOFT COPPER TUBING 60FT COIL
6 KS100-100 100 100 FT 10.40 1040.00
1 K SOFT COPPER TUBING 100FT COIL
7 C04-54-Q-NL# 1 1 EA 31.60 31.60
1-1/4x1 CPLG FEM FC/CTS QJ
8 WR5 1 1 EA 4.50 4.50
1-1/4 WEDDING RING FORD
=============
SUB TOTAL 2157.10
9 KV43-444W-Q-NL# 1 1 EA 63.60 63.60
1IN KEY VALVE CTS QJ/MTR NUT
10 C44-44-Q-NL# 1 1 EA 24.40 24.40
1IN CPLG CTS QJ/CTS QJ
11 KV23-444W-NL# 1 1 EA 59.40 59.40
1IN KEY VALVE MALE FC/MTR NUT
12 C86-44-Q-NL# 1 1 EA 33.70 33.70
1IN CPLG MIP/PEP QJ
13 C14-44-Q-NL# 1 1 EA 25.00 25.00
1IN CPLG FIP/CTS QJ
14 FB1101-4-Q-NL# 1 1 EA 84.90 84.90
1IN BALLCORP MIP/PEP QJ
Item #18. Page 56
Meeting Date: 6/28/2022 / Packet Page #: 544
PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/18/22 05/18/22 1226280-00
JOB ID PAGE NO.
2019-2023 ANNUAL R 2
CUST #: 7021
BILL TO
CITY OF GLENDORA
116 E FOOTHILL BL
GLENDORA, CA 91741-3380
SHIP TO
CITY OF GLENDORA
1051 E SIERRA MADRE AV
GLENDORA, CA 91741-2978
INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS
SANTA FE SPRINGS OUR TRUCK NET 30 DAYS
CONTACT
WORK EMAIL
IVY GONZALEZ
[email protected]
LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT
=============
SUB TOTAL 291.00
15 22600066310000# 1 1 EA 143.00 143.00
6X10 SINGLE BAND FC CLAMP 6.56"- 6.96" OD R
16 B11-333W 1 1 EA 66.50 66.50
3/4 BALL VLV FIP LW
=============
SUB TOTAL 209.50
16 Lines Total Qty Shipped Total 174 Total 2657.60
Taxes 272.41
Invoice Total 2930.01
Item #18. Page 57
Meeting Date: 6/28/2022 / Packet Page #: 545
Terms and Conditions of Sale:
All products and materials offered for sale are subject to these "Terms and Conditions of Sale." Quoted prices may be subject to a price adjustment after the expiration date noted due to a price adjustment from our vendor. The list of materials described in this agreement, and the quantity shown herein, represents our interpretation of the plans and specifications, if any, and is for estimating purposes only. It is not guaranteed for accuracy or completeness, but is furnished only as a guide. The obligation and the responsibility for ordering correct types and verifying quantities of materials rest solely with the Purchaser.
It is the Purchaser’s responsibility to inspect materials for damage or shortage at the time of delivery. Claims for damage or shortage must be acknowledged at the time of delivery.
Purchaser shall furnish people and equipment to unload material.
Material may not be returned without our consent and a copy of the invoice or delivery ticket.
a) Standard items normally carried in our inventory and returned in a new condition, may be subject to a restocking charge.
b) Non-standard items (non-stocking) will be subject to a restocking charge and no credit will be given until such credit is received by us from our vendor, less freight.
We shall not be responsible for shipment delays caused by strikes, embargos, fires, accidents, or any other causes beyond our control.
Purchaser agrees to pay in full and according to the terms of the sale as indicated on our invoices which is NET 30 DAYS unless stated otherwise. If Purchaser fails to pay according to terms, Purchaser agrees to pay a late charge at the highest legal rate per month on past due invoices. Should an attorney or a collection agency be employed by us to collect on any debts of the Purchaser, the Purchaser agrees to pay all actual cost of collection, attorney’s fees, costs and interest on the past due amount.
Materials are warranted only under the conditions and to the extent that they are warranted by the manufacturer(s). We assume no liability of any kind for any direct or indirect damages including, but not limited to, labor cost, expenses, project delays or any type of consequential damages resulting from the use of the material claimed to be defective.
The terms and conditions of this agreement are the entire integrated agreement between the parties hereto and shall supersede all previous communications, representations or agreements either oral or written between the parties. Any order placed, orally or in writing, pursuant to the terms of this proposal shall be deemed acceptable of its terms, conditions, and pricing.
Sept 2013 Version
PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/18/22 05/18/22 1226280-00
Item #18. Page 58
Meeting Date: 6/28/2022 / Packet Page #: 546
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: CITY MANAGER’S OFFICE DISTRICT(S): CITYWIDE
SUBJECT: RESOLUTION OF NO CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCÓN
RECOMMENDATION
That the City Council:
1. Consider adoption of a City Council Resolution entitled “A RESOLUTION DECLARING ITS LACK OF CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCÓN”.
EXECUTIVE SUMMARY
Public safety is and always will be a top priority for Glendora. The Glendora Police Department’s mission is to prevent crime by safeguarding our community and enhancing the quality of life for all. This is achieved by providing the highest level of public safety through professionalism and community partnerships, including with the District Attorney’s Office.
Effective modern policing is necessary in order to maintain and enhance public safety in our community.
These efforts must be coupled with meaningful prosecution of offenders to appropriately punish scofflaws, to provide justice (and in many cases restitution) for victims, as well as serving as a deterrent for future criminal activity. Many City departments play key roles in community safety through the provision of important services (i.e., seniors, homeless, youth) and by ensuring the community’s appearance (i.e., graffiti, code enforcement, streets) and future planning efforts keep public safety in mind.
The Los Angeles County (County) District Attorney (DA) is an elected county official established by Government Code §§ 26500-43 and is responsible for the prosecution of criminal violations of state law and county ordinances. The DA’s Office prosecutes felony and misdemeanor crimes in unincorporated areas and in 78 of the County’s 88 cities, including the City of Glendora. The DA’s Office has a legal responsibility to execute laws enacted by voters or the state legislature. These laws protect the public, uphold prosecutorial policies, and promote equal justice. The DA also oversees investigation, apprehension, and prosecution of offenses in court. District Attorney George Gascón, elected during the November 2020 General Election, has issued Special Directives (listed below) which outline new policies and procedures which alter the approach undertaken by the DA’s Office in the implementation of its duties and responsibilities:
Special Directive 20-06: Pretrial Release Policy
Special Directive 20-07: Misdemeanor Case Management
Special Directive 20-08: Sentencing Enhancements/Allegations Special Directive 20-09: Youth Justice
Special Directive 20-10: Habeas Corpus Litigation Unit Special Directive 20-11: Death Penalty Policy
Special Directive 20-12: Victim Services
Special Directive 20-13: Conviction Integrity Unit
Special Directive 20-14: Resentencing
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The consequences of these actions have negatively impacted public safety and quality of life in the County and in the City of Glendora. For this reason, the City Council is now considering adoption of a resolution to express no confidence in DA Gascón.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 13, 2021, the City Council received an update on Los Angeles County District Attorney George Gascón’s “Special Directives,” the impact of those directives on the Glendora, and the status of two related legal cases (Association of Deputy District Attorneys for Los Angeles County v. George Gascón, et al., Los Angeles Superior Court Case No. 20STCP04250, Second Appellate District Case No. B310845; and County of Los Angeles Measure J, and status of the Coalition of County Unions, et al v. Los Angeles County Board of Supervisors, Los Angeles Superior Court Case No. 20STCP04019). The City Council directed staff to: 1) memorialize, through a letter to DA Gascón, the City’s concerns, and authorize the Mayor and Mayor Pro Tempore to review the draft of the letter prior to transmitting it to the DA’s Office; and, 2) Direct staff to report back to the City Council with a status update and continue to evaluate additional steps including a vote of no confidence in the DA and join an Amicus Brief, if necessary.
On July 14, 2021, the City sent a letter to DA Gascón detailing the City’s concerns regarding Special Directive policies impacting public safety and quality of life in Glendora. Specifically, the letter requested the DA’s Office to meet with City staff to review rejected cases, to work with the City to request funding from the Los Angeles County Board of Supervisors to fund pilot programs to address areas of need in the City, and to reevaluate the directives in light of public safety concerns.
In response to the City’s letter, on September 2, 2021, City staff met with representatives of the Los Angeles County DA’s Office to discuss the City’s concerns. Following a productive discussion, the DA’s Office agreed to collaborate with the City on several fronts, including: 1) reexamining rejected cases which could be exceptions to the Special Directives; 2) recognizing that certain repeat offender cases pose a community safety risk, and how to address these cases within the Special Directives; 3) creating a pathway for certain cases to be filed as exceptions to the Special Directives; and, 4) regular and active collaboration between the DA’s Office and the City.
On February 2, 2022, the City Council received a quarterly report from the Glendora Police Department which included a status update on the collaboration being undertaken with the DA’s Office. At that time, 23 cases had been reexamined by the DA’s Office which resulted in the filing of four criminal cases in addition to several others that were handled in traffic court as infractions in lieu of criminal court. Working with the DA’s Office, Glendora became the first city in Los Angeles County to establish a course by which exceptions to the Special Directives could be identified and hold certain offenders accountable.
On May 24, 2022, the City Council received a quarterly report from the Glendora Police Department which included a status update on the ongoing collaboration being undertaken with the DA’s Office. Of the four criminal cases that were filed following the reexamination of 23 cases by the DA’s Office, one case was dismissed, two cases were used as part of a plea agreement, and the fourth case resulted in the issuance of a warrant for arrest. Given the limited progress achieved, and in light of the considerable resources needed to make this limited progress, the City Council directed staff to schedule a discussion to consider a vote of no confidence in DA Gascón and to prepare the corresponding resolution.
DISCUSSION
Glendora places the utmost priority on public safety and protecting our community. To this end, the Glendora Police Department (GPD) works diligently to provide the highest level of public safety through professionalism and community partnerships, including with the DA’s Office. The City has always maintained a positive collaborative working relationship with the DA’s Office, recognizing the important role it plays in the administration of justice and maintenance of public safety and quality of life. The issuance of Special Directives (listed below) by DA Gascón in December 2020, outlining new policies and procedures, altered the approach undertaken by the DA’s Office in the implementation of its duties and Item #19. Page 2
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Staff Report Page 3 of 4
responsibilities.
The City has actively monitored the impact of the Special Directives on our community since their issuance. Criminal case filings sent to the DA’s Office have been adversely affected by these mandates, as compared to filings in previous years. In calendar year 2021, 437 of 2,496 cases submitted to the DA’s Office by the GPD for filing were rejected, and more than half of those rejected were rejected based on the Special Directives. Through the first quarter of 2022, nearly half of the cases rejected were rejected based on the Special Directives.
Number of Cases 2021 2022*
Submitted 2,496 336
Rejected 437 (17.5%) 157 (46%)
Of those rejected, rejected
under Special Directives**
254 (58%) 75 (48%)
*Statistics from January to March 2022 (Q1)
**Includes, but is not limited to, cases for narcotics, being drunk in public, vehicle-related crimes, trespassing, and delaying/resisting an officer.
Given the community’s growing concern that public safety was being adversely impacted, the City Council directed staff to engage the DA’s Office to detail the City’s concerns regarding the impact of the Special Directives on public safety and quality of life in Glendora. This was undertaken in an effort to work directly with the DA’s Office in the hope that it would help identify areas of mutual interest and advocate for funding from the Los Angeles County Board of Supervisors to fund pilot programs to address areas of need in the City.
In response to the City’s outreach, City staff subsequently met with representatives of the Los Angeles County District Attorney’s Office (Mario Trujillo, Special Advisor; Tiffiny Blacknell, Special Advisor; Robert Arcos, BOI Chief, and Jorge Rodriguez, Law Enforcement Liaison) to discuss the City’s concerns.
Following a productive discussion, the District Attorney’s Office agreed to collaborate with the City on several fronts, including: 1) reexamining rejected cases which could be exceptions to the Special Directives; 2) recognizing that certain repeat offender cases pose a community safety risk, and how to address these cases within the Special Directives; 3) creating a pathway for certain cases to be filed as exceptions to the Special Directives; and, 4) regular and active collaboration between the District Attorney’s Office and the City.
The DA’s Office subsequently reexamined 23 cases which resulted in the filing of four criminal cases in addition to several others that were handled in traffic court as infractions in lieu of criminal court.
Glendora became the first city in Los Angeles County to establish a course by which exceptions to the Special Directives could be identified and hold certain offenders accountable. Of the four criminal cases that were filed, one case was dismissed, two cases were used as part of a plea agreement, and the fourth case resulted in the issuance of a warrant for arrest. While limited progress was achieved, it is by no means widespread; it represents about one percent of all cases rejected based on the Special Directives for the City of Glendora. It also does not account for the considerable resources needed to make this limited progress – GPD allocated significant staff time and engaged the services of a consultant to help collect data and prepare case filings for the reexamination of the DA’s Office. As a result, the City Council directed staff to schedule a discussion to consider a vote of no confidence in DA Gascón and to prepare the corresponding resolution.
FISCAL IMPACT
There is no direct fiscal impact associated with the recommendations in this report.
Item #19. Page 3
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Staff Report Page 4 of 4
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Section 15060 or Section 15378 of Title 14, Chapter 3 of the California Code of Regulations under Guidelines for Implementation of the California Environmental Quality Act (CEQA).
Prepared By Moises Lopez, Assistant City Manager
Concurs With Not Applicable
Reviewed By Adam Raymond, City Manager
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. Letter to District Attorney Gascon (dated July 14, 2021) B. Resolution
Item #19. Page 4
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Item #19. Page 5
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Item #19. Page 6
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Item #19. Page 7
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RESOLUTION CC 2022-___
A RESOLUTION OF THE CITY COUNCIL DECLARING ITS LACK OF
CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY
GEORGE GASCÓN
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora places the utmost priority on public safety and protecting its community; and
WHEREAS, the City of Glendora emphasizes supporting public safety policies to prevent and reduce criminal activities; and
WHEREAS, effective modern policing is necessary in order maintain and enhance public safety in our community. These efforts must be coupled with meaningful prosecution of offenders to appropriately punish scofflaws, to provide justice (and in many cases restitution) for victims, as well as serving as a deterrent for future criminal activity; and WHEREAS, the Glendora Police Department’s mission is to prevent crime by safeguarding our community and enhancing the quality of life for all. This is achieved by providing the highest level of public safety through professionalism and community partnerships, including with the District Attorney’s Office; and
WHEREAS, the Los Angeles County District Attorney is an elected county official, established pursuant to Government Code §§ 26500-43, and is responsible for the prosecution of criminal violations of state law and county ordinances occurring within County of Los Angeles; and
WHEREAS, the Honorable, George Gascón, Esq., was elected Los Angeles County District Attorney in November 2020 and was sworn into office on December 7, 2020; and WHEREAS, since being sworn in, Mr. Gascón has issued numerous “Special Directives” and two subsequent amendments, which outline new policies and procedures for his Los Angeles County Office. Each directive, in the view of the City Council, raises concerns for the public safety of the residents of Los Angeles County and the residents of the City of Glendora; and WHEREAS, Special Directive 20-06: Pretrial Release Policy, eliminated cash bail for any misdemeanor, non-serious felony, or non-violent felony offense; and WHEREAS, Special Directive 20-07: Misdemeanor Case Management, lists numerous misdemeanor charges that will be declined or dismissed before arraignment and without conditions unless “exceptions” or “factors for consideration” exist. These misdemeanor charges include trespassing, disturbing the peace, criminal threats, drinking in public, drug and paraphernalia possession, under the influence of controlled substance in public, public intoxication, resisting arrest, driving without a valid license or with a suspended license, minor in possession of alcohol, loitering, and loitering to commit prostitution; and
Item #19. Page 8
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Resolution CC 2022-__ Page 2 of 4
WHEREAS, Special Directive 20-08: Sentencing Enhancements/Allegations eliminates several sentence enhancements, including the Three Strikes Law, gang enhancements, and violations of bail; and
WHEREAS, Special Directive 20-14: Resentencing provides a pathway for offenders, even those convicted of murder to be eligible for resentencing (early release) if the offense was committed while they were juveniles, and this same Directive creates policy that prohibits Deputy District Attorneys from attending “lifer parole hearings” (those sentenced to life sentences for murder), objecting, or advocating for the victims in these cases; and WHEREAS, members of the Glendora Police Department now attend these parole hearings, in place of the District Attorney’s Office because of this directive, in order to advocate for the victims of violent crime, including cases like the murder of Glendora Police Officer Louis Pompei, and other victims of rape and violent offenses; and,
WHEREAS, some of these Special Directives, in the view of the City Council, contradict state laws that were enacted through the state legislature as well as the legislative ballot initiative process to prevent and prosecute crime and protect the general public; and WHEREAS, since issuing these Special Directives, two courts have ruled that Mr. Gascón cannot issue a blanket order telling prosecutors to ignore laws designed to protect the public, including three-strike allegations and sentencing enhancements. A three-judge panel of the Second District Court of Appeal, in a published opinion issued on June 2, 2022, held that “voters and the Legislature created a duty . . . that requires prosecutors to plead prior serious or violent felony convictions to ensure the alternative sentencing scheme created by the three strikes law applies to repeat offenders.” The appeals court further ruled, “The district attorney overstates his authority.
He is an elected official who must comply with the law, not a sovereign with absolute, unreviewable discretion;” and
WHEREAS, in order for the City Attorney’s office to assume responsibility for prosecution of state law misdemeanors occurring in the City of Glendora, and for the City to assume the substantial cost of such misdemeanor prosecutions, it will be necessary to obtain the permission of Mr. Gascón to assume such prosecutorial duties which permission has yet to be given; and WHEREAS, On July 13, 2021, the City Council directed that a letter be sent to Mr. Gascón detailing the City’s concerns regarding Special Directive policies impacting public safety and quality of life in Glendora. Specifically, the letter requested that Mr. Gascón meet with City staff to review rejected cases, to work with the City to request funding from the Los Angeles County Board of Supervisors to fund pilot programs to address areas of need in the City, and to reevaluate the directives in light of public safety concerns; and
WHEREAS, in response to the City’s letter, on September 2, 2021, City staff met with representatives of the Mr. Gascón’s office to discuss the City’s concerns. Following such discussions, Mr. Gascón’s office agreed to collaborate with the City on several fronts, including:
1) reexamining rejected cases which could be exceptions to the Special Directives; 2) recognizing that certain repeat offender cases pose a community safety risk, and how to address these cases within the Special Directives; 3) creating a pathway for certain cases to be filed as exceptions to Item #19. Page 9
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the Special Directives; and, 4) regular and active collaboration between the Mr. Gascón’s office and the City; and
WHEREAS, the Glendora Police Department, with the support of the City Council, allocated considerable time and resources to work collaboratively with the Los Angeles County District Attorney’s Office to prepare cases for reexamination; and WHEREAS, on February 2, 2022, the City Council received a quarterly report from the Glendora Police Department which included a status update on the collaboration being undertaken with the DA’s Office. At that time, 23 cases had been reexamined by Mr. Gascón’s office which resulted in the filing of four criminal cases in addition to several others that were handled in traffic court as infractions in lieu of criminal court. Working with Mr. Gascón’s office, Glendora became the first city in Los Angeles County to establish a course by which exceptions to the Special Directives could be identified and hold certain offenders accountable; and WHEREAS, on May 24, 2022, the City Council received a quarterly report from the Glendora Police Department which included a status update on the ongoing collaboration being undertaken with Mr. Gascón’s office. Of the four criminal cases that were filed following the reexamination of 23 cases by Mr. Gascón’s office, one case was dismissed, two cases were used as part of a plea agreement, and the fourth case resulted in the issuance of a warrant for arrest; and WHEREAS, in calendar year 2021, 437 of 2,496 (17.5%) cases submitted to the Los Angeles County District Attorney’s Office by the Glendora Police Department for filing were rejected, and 254 (58%) of those rejected were rejected under the auspices of the Special Directives; and WHEREAS, through the first quarter of calendar year 2022, 157 of 336 (46%) cases submitted to the Los Angeles County District Attorney’s Office by the Glendora Police Department for filing have been rejected, and 75 (48%) of those rejected were rejected under the auspices of the Special Directives; and
WHEREAS, the City Council is advised that City Councils of 34 cities in Los Angeles County have now expressed their lack of confidence in Mr. Gascón; and WHEREAS, the City Council, acting in its role as “parens patriae” for the residents of the City of Glendora, has every legal right, indeed a duty, to express its lack of confidence in Mr.
Gascón for his failure to see to it that the “laws are faithfully enforced” consistent with his oath of office.
NOW, THEREFORE, the Council of the City of Glendora DOES HEREBY RESOLVE as follows:
Section 1. The City Council hereby declares its lack of confidence in Los Angeles County District Attorney George Gascón and hereby directs staff to transmit this resolution to Mr. Gascón for his thoughtful review and consideration.
Section 2. The City Council respectfully urges Mr. Gascón to rescind his Special Directives, issued since being sworn into office on December 7, 2020, and that he faithfully enforce those criminal laws and seek those criminal penalties adopted by the California Legislature, from timeItem #19. Page 10 Meeting Date: 6/28/2022 / Packet Page #: 556
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to-time, and such criminal laws and those penalties as directly adopted by the voters of California.
Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolution of the City Council of this City.
PASSED, APPROVED and ADOPTED this 28th day of June, 2022.
BY:
KAREN DAVIS
Mayor
APPROVED AS TO FORM:
________________________________
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was adopted on the 28th day of June, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated: June 28, 2022
KATHLEEN R. SESSMAN
City Clerk/Communications Director
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: AUTHORIZE THE CITY MANAGER EXECUTE CONTRACT OPTION #1 FOR TRANSIT
OPERATIONS AND MAINTENANCE SERVICES TO TRANSPORTATION CONCEPTS, INC. FOR $1,807,080 OVER FISCAL YEARS 2023 AND 2024
RECOMMENDATION
That the City Council:
1. Authorize the City Manager to Execute Contract Option #1 for Transit Operations and Maintenance Services to Transportation Concepts, Inc. for $1,807,080 over Fiscal Years 2023 and 2024.
EXECUTIVE SUMMARY
In March 2018, the City of Glendora awarded a Transit Operations and Maintenance Contract (Contract) to Transportation Concepts, Inc. (Vendor) for a five-year base contract with two, two-year options for a total contract term of up to nine years. The base contract ends in Fiscal Year 2022. Staff is recommending exercising Option #1 of the contract for service in Fiscal Year 2023 and Fiscal Year 2024 for a two-year total of $1,807,080.00.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora contracted with Vendor for transit operations and maintenance for the past 12 years.
The City Council awarded the current Vendor in March 2017 for a base five-year contract starting in Fiscal Year 2018 through Fiscal Year 2022. The Contract also contains two, two-year options covering Fiscal Years 2023 and 2024 and Fiscal Years 2025 and 2026.
Due to the pandemic and the related service disruptions, the City and the Vendor agreed to Amendment #1 which moved to a fixed-and-variable compensation method for Fiscal Year 2020. This means the method of compensation now includes a predictable amount every month which covers fixed costs such as administration and insurance. This resulted in savings to the City and stabilized the financial health of the contract for the Vendor. The City Council also approved Amendment #2 in June 2021 to extend the fixed-and-variable method to the remainder of the base contract and options as well as correct the starting and ending years for the base and options.
DISCUSSION
Over the five years of the base contract, the Vendor has met all requirements of the Contract and has in several areas gone above and beyond to ensure successful delivery of transit service. Despite the difficulties of the pandemic, the Vendor was able to maintain continuity of staffing and service which is critical to maintaining the close relationship Glendora Transit has with its customers.
As such, staff is recommending exercising Option #1 to ensure continuity of operation. This is critical as Glendora Transit begins its transition to a more modern dispatching and customer interface system as well as moving into zero-emission technology.
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In addition, with the country-wide challenges of securing transit operators as well as general inflation, the City would be unlikely to see cost savings by bidding for a new operations and maintenance contract.
FISCAL IMPACT
Currently, Fund 209 – Proposition A funds the existing Contract. Fund 209 is a restricted fund source which can only be used for public transit capital and operations. Staff annually budgets the contract value during each budget cycle.
ENVIRONMENTAL DETERMINATION
Not applicable.
Prepared By Steven Mateer, Transportation Manager
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Vendor Concurrence Letter
B. Contract and Amendments #1 and #2
C. Amendment #3 to Agreement for Contractual Services
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Attachment B
Contract and Amendments #1 and #2
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AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 2”) by and between the CITY OF GLENDORA (“City”) and PARKING CONCEPTS, INC., a California corporation d/b/a TRANSPORTATION CONCEPTS, INC. (“Contractor”) is effective as of the 18
th of June, 2021.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated March 17, 2021 (“Agreement”) whereby Contractor agreed to provide transportation operations and maintenance services.
B. On September 20, 2020, City and Contractor entered into Amendment No. 1 to the Agreement.
C. City and Contractor now desire to further amend the Agreement, as amended, to modify the fixed and variable billing rates for the final base year and provide fixed and variable billing and expense rates for the optional two (2) two (2) year extensions to the Agreement, as amended.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “Effective July 1, 2020, the method of compensation for FY2021 shall be as follows,
a. Paragraph No. 5 of the Agreement, as amended, entitled “COMPENSATION AND METHOD OF PAYMENT” shall be further amended as follows “Effective July 1, 2021, the following amounts shall constitute the fixed and variable billing amounts for the final year of the Term of the Agreement, as amended, and, should the parties elect to do so pursuant to Paragraph No. 9, the fixed and variable billing and expense rates for the extended term(s) of the Agreement, as amended, as follows:
Contract Period Year 5 Option 1 (2 years) Option 2 (2 years) Effective Dates 7/1/2021 - 6/30/2022 7/1/2022 - 6/30/2024 7/1/2024 - 6/30/2026 Monthly Fixed Expense $26,383 $27,416 $28,537
Variable Hourly Rate $29.14 $30.89 $31.74
Monthly Fixed Rate $25,138
Variable Hourly Rate $27.61”
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Total compensation shall not exceed $857,325 The total compensation for the following year(s) of the Agreement, as amended, shall not exceed the listed amounts, unless additional compensation is approved in writing by the City Council or City Manager. Year 5 total compensation shall not exceed $857,325; in the event that the parties exercise Option 1 total compensation shall not exceed $1,807,080; and in the event that the parties exercise Option 2 total compensation shall not exceed $1,870,512. Contractor shall submit an invoice for actual revenue service hours operated within fifteen (15) calendar days after the close of each month. Payments shall be made within thirty (30) days after receipt of each invoice as to the non-disputed fees. If the City disputes any of the Contractor’s fees, it shall give written notice to Contractor in 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
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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
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director CONTRACTOR:
Transportation Concepts, Inc.
By:
Name: Rich Rogers
Title: Vice President / Chief Operating Officer
[email protected]
By:
Name: Gill Barnett
Title: Secretary
[email protected]
Address: 12 Mauchly, Bldg 1, Irvine, CA, 92618
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED UNLESS UTILIZING DOCUSIGN, 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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AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 3”) by and between the CITY OF GLENDORA (“City”) and PARKING CONCEPTS, INC., a California Corporation d/b/a TRANSPORTATION CONCEPTS, INC. (“Contractor”) is effective as of the ____ day of ________, 2022.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated March 17, 2017 (“Agreement”) whereby Contractor agreed to provide public transit operations and maintenance services.
B. On September 20, 2020, City and Contractor entered into Amendment No. 1 to the Agreement.
C. On June 18, 2021, City and Contractor entered into Amendment No. 2 to the Agreement.
D. The Agreement is current and in-effect through June 30, 2022 with optional renewals exercisable by a writing by the City Manager and the City Attorney.
E. City and Contractor now desire to exercise Option 1 for public transit operations and maintenance services through FY 2023 and FY 2024.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 9. TERM AND TERMINATION OF AGREEMENT, is amended to extend the term of the Agreement to June 30, 2024 by exercising the first contract option.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 3, City is not in default of any material term of the Agreement and that there have been no events 28th June
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that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 3, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
5. Authority. The persons executing this Amendment No. 3 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 Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
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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:
TRANSPORTATION CONCEPTS, INC.
Name: Rich Rogers
Title: Vice President / Chief Operating Officer
[email protected]
Name: Gill Barnett
Title: Secretary
[email protected]
Address: 12 Mauchly, Bldg 1, Irvine, CA, 92618
______________________________
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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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: GLENDORA BUS FLEET ELECTRIFICATION - REVIEW ZERO EMISSION ROLLOUT
PLAN AND APPROVE RELATED GRANTS AND PURCHASES (STRATEGIC PLAN ITEM 54 - IMCIF)
RECOMMENDATION
That the City Council:
1. Receive and File the Draft Zero Emission Rollout Plan;
2. Authorize the City Manager to Execute the Program Agreement with Southern California Edison for the ChargeReady Transport Program;
3. Authorize the City Manager to Execute the agreement with the South Coast Air Quality Management District for the Carl Moyer Grant in the amount of $107,776;
4. Approve the purchase of four (4) ChargePoint Express 250 Stations (62.5 kW) and related services for $247,105;
5. Approve the purchase of two (2) GreenPower Motor Company EV250s for $920,384;
6. Authorize the Administrative Services Director/City Treasurer to make the budget adjustments described in Attachment F; and
7. Authorize the City Manager or their designee, to execute the purchase order with the vendors in Items 4 and 5, including making minor and non-substantive changes.
EXECUTIVE SUMMARY
The Innovative Clean Transit Regulation (ICT) was adopted in December 2018 and requires all public transit agencies to gradually transition to a 100 percent zero‑emission bus (ZEB) fleet. In addition, Southern California Edison launched their ChargeReady Transport Program to assist public agencies with transitioning to zero-emission vehicles. The ChargeReady Transport Program will provide no-cost infrastructure including transformers, conduits, as well as discounted vehicle chargers. The program does require participants to purchase two ZEBs within 18 months of final approval from Southern California Edison. This report lays out the approach to begin electrification.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora operates a public transit program with both fixed-route and dial-a-ride services. The current fleet composition is 10 vehicles. Four of the vehicles are cutaways, which are larger capacity vehicles and predominately used for fixed-route service. The remaining six are passenger vans used for dial-a-ride service.
The currently adopted July 2020 to June 2023 Strategic Plan includes two goals which are supported by the acquisition of electric vehicle charging facilities. 46-IMCIF “Updated Capital Improvement Plan” calls for prioritizing and evaluating projects based on needs and available resources. The transition to zeroemission helps focus transportation investments as well as allows the City of Glendora to leverage grant and credit programs for additional revenues. Secondly, 54-IMCIF “Transportation Fleet and Infrastructure Item #21. Page 1
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Modernization” calls for the use of grant funds to secure zero-emission vehicles and identify funding and opportunities to expand electric vehicle charging infrastructure. Concurrently, staff is working with a consultant to complete a required Zero Emission Rollout Plan. A draft report was presented to the Planning Commission in February 2022.
DISCUSSION
Background
The California Air Resources Board (CARB) created the ICT to require transit agencies to move towards zero-emission technology. Under the ICT, the City of Glendora is considered a small operator. CARB requires 25% of eligible new bus purchases to be zero-emission starting in 2026 and grow to 100% by 2029.
Draft Zero Emission Rollout Plan
Small transit operators like Glendora are required to complete their Rollout Plan by June 2023. The Rollout Plan identifies the fleet needs, replacement schedule, capital planning, range analysis, and identification of barriers and opportunities.
The City is in a unique position as many larger operators have begun the transition to zero-emission, but many smaller operators have not. Glendora will likely be the second small transit agency to complete the Rollout Plan joining SunLine Transit, which operates in the Coachella Valley.
Based on the findings in the report, Glendora faces higher upfront capital costs due to the nascent nature of the mid- to small-bus market. However, the options for electrification are adequate to meet the existing service demand. The City is expected to achieve compliance with the ICT by 2025. Additionally, staff is exploring ways to partner with neighboring cities and agencies regarding grants as well as training opportunities for Citrus College students.
ChargeReady Transport Program
Southern California Edison has launched the ChargeReady Transport Program to aid transit operators in moving towards zero-emission vehicles. Under this one-time program Southern California Edison will design and install at no-charge to the City all related infrastructure and metering up to the charger itself.
Southern California Edison will also cover reduced demand charges for the first four years.
This program requires participants to purchase at least two ZEBs and the EV chargers within 45 days of program agreement execution with Southern California Edison. The vehicles must also arrive within 18 months of program agreement execution. Additionally, the City must grant Edison an easement which will be used for any maintenance work. Lastly, the City must operate the service for 10 years and provide routine reports to Edison. The Program Agreement is Attachment B.
Yard Relocation and Carl Moyer Grant
The Parks Yard offers the best available location for the transit vehicle fleet considering available electric supply and distance from neighboring structures. SoCal Edison has agreed with this location and has invited the City to formally enter into the ChargeReady Transport Program. Attachment A shows the recommended location of the charging infrastructure.
After the review by SoCal Edison, staff prepared a grant request to the South Coast Air Quality Management District (AQMD) for the purchase and installation of chargers. AQMD staff recommended $107,776 in Carl Moyer Grant funds (Attachment C). The grant is matched by existing Capital Improvement Program (CIP) funds. Staff anticipates the total cost of completion to be approximately $252,000.
ChargePoint Chargers
Staff is recommending the purchase of four (4) ChargePoint Express 250 Station (62.5 kW) and related services for $247,104.42 (Attachment D). These chargers are eligible for rebates under the ChargeReady Transport Program and can charge a bus in two to three hours. The pricing and purchase of the chargers Item #21. Page 2
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is covered under the ChargeReady Transport Program approved vendor list. Staff is recommending sole source procurement due to the approved vendor list from SoCal Edison and prior experience with ChargePoint products and customer service.
GreenPower EV250
On June 8, 2021, the City Council authorized the purchase of one zero emission bus manufactured by Lion Electric. Due to substantial production delays (over 30 months from original purchase), Lion Electric is not able to deliver the bus within the specified timeline of the Carl Moyer and ChargeReady Transport Program agreements. Staff is therefore recommending reprogramming the funds to a new vehicle acquisition.
In reviewing available buses within the capacity and size range appropriate for Glendora, staff identified two vendors. GreenPower Motor Company and Build Your Dreams (BYD) both manufacture 30’ batteryelectric buses. This size is consistent with the existing cutaway transit vehicles, would offer an increase in passenger capacity, and have longer ranges than the Lion Electric bus.
Staff is recommending purchase of two (2) GreenPower EV250s to replace two cutaway transit vehicles which are the end of their useful life. The purchase price for the EV250, after incentives, is $460,192 per bus. In comparing the prices, the GreenPower EV250 lists for $100,100 less than the BYD K7M ($579,900 and $680,000 respectively). Additionally, the GreenPower EV250 qualifies for a higher Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) voucher at $138,000 per vehicle compared to $97,750 for BYD. The range for both buses is equivalent with BYD having a better battery warranty.
FISCAL IMPACT
The transition to a new fuel for the City’s transit fleet is an expensive capital endeavor. Staff has been aggressive in securing grant funds to reduce the burden on the City’s resources. Attachment F summarizes the recommend financial plan for the conversion to a zero-emission bus fleet. The Citycontrolled funds identified are special revenues devoted to transportation only. Staff is not recommending using General Funds for this project.
ENVIRONMENTAL DETERMINATION
Not applicable. Staff will determine and conduct any necessary environmental analysis prior to final design plans from Edison.
Prepared By Steven Mateer, Transportation Manager
Concurs With Mark Davis, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Draft Zero-Emission Rollout Plan
B. Southern California Edison ChargeReady Transport Program Agreement C. Carl Moyer Grant Agreement
D. ChargePoint Quote
E. GreenPower EV250 Quote
F. Financial Plan
G. Staff Presentation
Item #21. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 615
Zero-Emission Bus Rollout Plan
Prepared For:
Prepared By:
Item #21. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 616
January 2021 (DRAFT)
Section A. Transit Agency Information
City of Glendora
116 E Foothill Blvd
Glendora, CA 91741
Air District: South Coast Air Quality Management District Total Number of Buses in Annual Maximum Service: 4
Contact Information:
Steven Mateer
Transportation Manager
626-852-4846
[email protected]
Joint Group: The City of Glendora is not part of a Joint Group.
Section B. Rollout Plan General Information
The City of Glendora has a goal to fully transition to zero-emission buses well ahead of the 2040 deadline to begin purchasing only zero-emission technologies. The City plans to fully transition to 100% batteryelectric buses (BEB) between 2022 and 2025. This transition will not entail early retirement of any City vehicles.
This plan was prepared by City staff and Sam Schwartz Engineering, D.P.C. The cost for the creation of the Rollout Plan was $15,000 in consultant time. A copy of the board approved resolution was approved on MM/DD/YY is attached in Appendix A.
For any additional information regarding the Rollout Plan, please contact:
Steven Mateer
Transportation Manager, City of Glendora
[email protected]
626-852-4846
Section C. Technology Portfolio
Types of zero-emission bus technologies to be deployed through 2040 The City of Glendora will be purchasing a total of four BEB minibuses to replace four existing CNG and gasoline cutaway buses. The City’s Fleet Management Plan focuses on replacing its existing cutaways between 2022 and 2025. The City will also be acquiring four ChargePoint Express chargers (62.5 kWh) to charge the buses overnight and during midday layovers.
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Section D. Current Bus Fleet Composition and Future Purchase Existing Bus Fleet
The City of Glendora operates three shuttle services: Midday Shuttle, Gold Line Commuter Shuttle, and a Metrolink Commuter Shuttle. The Midday Shuttle has a total of three routes (Orange, Green, and Tripper).
Major stops for the Midday Shuttle include middle schools, high schools, Glendora Village, Glendora Library, Crowther Teen & Family Center, and Glen Oaks Golf Course. The Midday Shuttle operates from Monday through Friday during the school year.
The Gold Line Shuttle provides AM and PM service to and from the APU/Citrus and Downtown Azusa stations on the Metro Gold Line light rail. The shuttles run from these two station locations to terminals in Glendora with stops along the way.
The Metrolink Commuter Shuttle has both AM and PM shuttle service. The shuttle departs from Glendora Transit Parking Plaza and connects to the Covina Metrolink Station. The Gold Line Shuttle operates with two routes (North and South) which provide services from two park-and-ride lots to the Metro L (Gold) Line APU/Citrus College Station. The City is considering rerouting this service to connect with the newly completed Covina Transit Center.
The City of Glendora currently has a total of six (6) vans and four (4) cutaways. The vans are not required for inclusion in the rollout plan but are described for context. Three of the four cutaway vehicles are fueled by CNG, and one is fueled by gasoline. The model years for the four cutaways range from 2011 to 2015 as seen in Table 1: Individual Bus Information of Current Bus Fleet.
Table 1: Individual Bus Information of Current Bus Fleet Number of
Buses
Engine Model
Year Bus Model Year Fuel Type Bus Type
1 2011 2011 CNG Cutaway
1 2014 2014 Gasoline Cutaway
1 2015 2015 CNG Cutaway
1 2015 2015 CNG Cutaway
Currently GreenPower EV250 buses are being considered as BEB replacements for existing cutaway buses as seen in Table 2: Future Bus Purchases. GreenPower EV250 minibuses are approximately 30-32 feet long with a seating capacity of 26. The GreenPower EV250 bus has a battery capacity of 260 kWh and an advertised battery consumption rate of 1.6 kWh/mi. It has a 163-mile range per manufacturer claims and is estimated to cost $460,192.00 (after a state HVIP Program voucher) as shown in Table 3: Range and Estimated Costs of Future ZEB Purchases. The City of Glendora will not be converting any conventional buses to zero-emission buses as shown in Table 4: Schedule of Converting Buses to Zero-Emission Buses.
Item #21. Page 6
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Table 2: Future Bus Purchases (by Delivery Date)
Timeline
Total
Number of
Buses to
Purchase
Number of
ZEB
Purchases
Percentage of
Annual ZEB
Purchase
ZEB Bus
Type
ZEB
Fuel
Type
Charging
Technology
Number of
Conventional Bus
Purchase
Percentage of
Annual Conventional
Bus Purchases
Type(s) of
Conventional
Buses
Fuel Type(s)
of
Conventional
Buses
2023 1 1 100% Minibus EV
Plug-in
Garage
Charging
N/A N/A N/A N/A
2023 1 1 100% Minibus EV
Plug-in
Garage
Charging
N/A N/A N/A N/A
2025 1 1 100% Minibus EV
Plug-in
Garage
Charging
N/A N/A N/A N/A
2025 1 1 100% Minibus EV
Plug-in
Garage
Charging
N/A N/A N/A N/A
Table 3: Range and Estimated Costs of Future ZEB Purchases (by Delivery Date) Timeline Number of
ZEBS Bus Type(s)
Advertised
BEB Range
(Miles)
Estimated Cost of
Each Bus
2023 1 Minibus 163 $460,192
2023 1 Minibus 163 $460,192
2025 1 Minibus 163 $460,192
2025 1 Minibus 163 $460,192
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Table 4a: Schedule of Converting Conventional Buses to Zero-Emission Buses Timeline Number of
Buses Bus Type
Removed
Propulsion
System
New
Propulsion
System
N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A
Performance Analysis
To determine whether the available battery size for the GreenPower EV250 would be sufficient to operate Glendora’s existing shuttle service, we estimated the vehicle’s range using its advertised battery consumption rate per mile as well as a battery consumption rate per mile was estimated to reflect real world conditions. The table below, Table 5: Estimated Battery Consumption Rates, summarizes expected battery consumption rates for a new vehicle without battery degradation compared to an older one with degradation. The battery consumption rates in this analysis were informed by operational data for other similar battery-electric models in relation to their advertised performance. Performance data specific to the GreenPower EV250 was not available.
Table 5: Estimated Battery Consumption Rates
Estimated Range in Miles
(advertised battery
consumption
1.6 kWh/mi)
Estimated Range in Miles
(adjusted battery
consumption
1.79 kWh/mi)
Reduce capacity:
20% for usability 130 mi 116 mi
Reduce capacity:
20% for usability and
18% for degradation
107 mi 95 mi
Daily mileage for the City’s three vehicle schedules were then calculated to assess whether battery sizes would be compatible with existing service using the estimated real world battery ranges in Table 5. This analysis is shown in Table 6: Vehicle Schedule Analysis. The fourth cutaway vehicle is retained as a spare vehicle.
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Table 6: Vehicle Schedule Analysis
Vehicle AM Gold
Line Mid-Day PM Gold
Line
Total Distance
(Miles)
Total Daily
Energy
Needed
(kWh)
Total
Required
Daily
Charging
Time
(Minutes)
1 (Northern Route) 5:20 AM -
9:09 AM
2:30 PM -
3:15 AM
4:20 PM -
8:09 PM 85 136-243 131-234
Vehicle AM Gold
Line Mid-Day PM Gold
Line
Total Distance
(Miles)
Total Daily
Energy
Needed
(kWh)
Total
Required
Daily
Charging
Time
(Minutes)
2 (Southern Route) 5:15 AM -
9:27 AM
2:30 PM -
3:45 AM
4:25 PM -
8:35 PM 109 174-312 167-300
Vehicle
AM
Metrolink
Shuttle
Mid-Day
Tripper
PM
Metrolink
Shuttle
Total Distance
(Miles)
Total Daily
Energy
Needed
(kWh)
Total
Required
Daily
Charging
Time
(Minutes)
3 5:10 AM -
7:56 AM
2:45 PM -
3:55 AM
4:15 PM -
6:50 PM 106 170-304 163-291
While the total mileage per day per vehicle exceeds the estimated mileage available on a full charge for a GreenPower EV250 bus in some cases, the addition of midday charging at the bus facility during layovers is expected to be sufficient to operate all three schedules, even with battery degradation over time.
Section E. Facilities and Infrastructure Modifications
The City of Glendora currently has one Transit Facility which houses the City’s six (6) vans and four (4) cutaways. The current facility is located at 410 E Dalton Avenue. However, due to electrical capacity constraints at the current site, the City is planning to relocate the Transit Facility to 1636 Compromise Line Road.
The Conceptual Plan for installation of the four plug-in chargers (Figure 1) shows where chargers would be installed in cutaway bus storage spaces. These charges can be used over both overnight and midday layover charging. Planned facility are detailed in Table 7: Facilities Information and Construction Timeline. The City plans to install 4 ChargePoint Express 250 Stations (62.5 kW) with Carl Moyer grant funding as well as with participation from Southern California Edison under the ChargeReady Transport Program. There are no anticipated impacts to parking capacity and there is sufficient capacity to add an additional two BEBs in the future if needed. In addition, there is sufficient capacity for the City to contemplate shared charging with Pomona Valley Transportation Authority (PVTA) at this location.
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Figure 1: Conceptual Plan for Installation of Charing Equipment Table 7: Facilities Information and Construction Timeline Facility Name Address Main
Function
Types of
Infrastructure
Service
Capacity
Needs
Upgrade
(Y/N)
Estimated
Construction
Timeline
Electric
Utility
Company
Transit Facility
1636
Compromise
Line Road,
Glendora, CA,
91741
Storage and
charging for
both vans
and buses
4 plug-in depot
chargers will be
installed
4 buses
and 6 vans
before and
after
installation
of
charging
stations
Yes 2023
Southern
California
Edison
Bus operations and maintenance is currently contracted out to Transportation Concepts, a passenger transportation services company, and is conducted off-site. It is anticipated that this will continue to be the case following transition to all BEBs. Transportation Concepts has experience with maintaining battery electric buses for agencies similar in scale and circumstance to the City of Glendora. Therefore, the City does not anticipate changes to its current maintenance procedures Item #21. Page 10
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Section F. Service in Disadvantaged Communities
According to the California Office of Environmental Health Hazard Assessment (OEHHA), disadvantaged communities are defined as the top 25% in terms of scoring in the CalEnviroScreen. CalEnviroScreen is a tool that identifies communities that are most vulnerable to pollution by using environmental, health, and socioeconomic data to produce a score for every census tract within the state of California.
According to the OEHHA Disadvantage Communities map, there are no disadvantaged communities within the City of Glendora, as shown in Figure 2: City of Glendora Disadvantaged Communities Map.
Figure 2: City of Glendora Disadvantaged Communities Map Item #21. Page 11
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Section G. Workforce Training
Workforce training will be the responsibility of Transportation Concepts, the contracted bus service provider, who has experience with maintaining battery electric buses for agencies similar in scale and circumstance to the City of Glendora. Therefore, the City will not be directly responsible for conducting workforce trainings.
The City of Glendora also has a stated goal of forming a long-term relationship with Citrus College, a local community college, to facilitate job training for zero-emission bus maintenance activities.
Section H. Potential Funding Sources
Existing Funding
Carl Moyer Program
The Carl Moyer Program offers grant funding for cleaner engines, equipment, and other sources of air pollution reduction.
1 The City of Glendora will be using Carl Moyer grant funding for the purchase and installation of four ChargePoint plug-in garage chargers. The South Coast Air Quality Management District will oversee the funding distribution to the City of Glendora.
Southern California Edison Ready Charge Program
The Charge Ready program supports businesses or organizations for installation of EV charging equipment. Public Sector properties are eligible for two both the Charge Ready Program and the Charging Infrastructure and Rebate Program.2 By using this program for installation of four EV chargers, the agency will save an estimated $87,137, as determined by an independent contractor.
California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) The Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) supports deployment of zero-emission and near-zero-emission technologies by facilitating point-of-purchase price reductions. The program is administered by CALSTART behalf of California Air Resources Board (CARB).
Low Carbon Fuel Standard (LCFS)
The LCFS program is administered by CARB to help mitigate greenhouse gas emissions. The program focuses on reducing GHG emissions and other toxic air pollutants by improving vehicle technology and supports reducing fuel consumptions while promoting transportation mobility options.
AB2766 Air Quality Improvement Funds
The City of Glendora receives a per capita allocation of vehicle license fees collected by the South Coast Air Quality Management District (AQMD). These funds are reserved for transportation project and programs which reduce criteria air pollutants. The City intends to use these funds for the purchase of ZEBs as well as charging infrastructure.
1 California Air Resources Board. Source URL: https://ww2.arb.ca.gov/our-work/programs/carl-moyer-memorial-air-quality-standardsattainment-program 2 Southern California Edison. Source URL: https://www.sce.com/evbusiness/chargeready/public Item #21. Page 12
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Mobile Sources Reduction Committee (MSRC) Grants
The City of Glendora received a MSRC Grant for the purchase of one electric transit vehicle. The MSRC makes grant periodically available to local governments within the AQMD for the purpose of clean air projects. The City anticipates additional MSRC funds to purchase ZEBs in later years.
Los Angeles County Local Transportation Sales Taxes
Los Angeles County has four sales taxes devoted to transportation. Part of each sales tax has a “local return” portion which is distributed to each city based on statute and population. The City plans on using these funds for capital and operations of the transit fleet.
Cost Assessment and Existing Funding Contributions
The table below represents the costs associated with upgrading the current transportation facility according to the plans shown in Figure 1, including installation of chargers and associated site work.
Funding for the upgrades includes Proposition A, Carl Moyer grant, and Air Quality Management District funds.
Table 8: Transportation Yard Upgrades for EV Fleet
Project Expenditures FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Chargers $247,104 $247,104
Moving/Site Work/Other $50,009 $95,663 $145,672
Total Project Cost $50,009 $247,104 $95,663 $392,776
Project Revenues FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Fund 209 - Prop A Local
Return $50,009 $104,328 $95,663 $250,000
Fund 207 - Carl Moyer $107,776 $107,776
Fund 215 - AQMD/AB2766 $35,000 $35,000
Total Revenues $50,009 $247,104 $95,663 $392,776
Balance $ - $ - $ - $ -
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Table 9 details the costs associated with Glendora’s Fleet Replacement Plan, including BEB bus purchases (aligned with delivery dates for buses), dispatching software, and replacement vans. Funding for the plan includes Proposition A, HVIP, Air Quality Management District funds, MSRC, and FTA's Section 5310 program.
3 Table 9: Glendora Transit Fleet Replacement
Project Expenditures FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total ZEB Transit Bus $1,196,384 $1,196,384 $2,392,768
Dispatching Software $139,000 $139,000
DAR Van (4) $111,733 $131,080 $ - $ - $ - $246,813
Total Project Cost $250,733 $131,080 $1,196,384 $ - $1,196,384 $ - $2,778,581 Project Revenues FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Fund 209 - Prop A Local
Return $47,465 $37,718 $293,913 $43,777 $422,873
Fund 211 - Prop C Local
Return $375,000 $375,000
Fund 001 - LCFS Credits $24,280 $24,280
Fund 209/215 - HVIP
Voucher $195,500 $195,500 $391,000
Fund 215 -
AQMD/AB2766 $256,931 $256,931
Fund 207 - MSRC/Other
Grant $50,760 $957,107 $1,007,867
Fund 207 - FTA Section
5310 $203,268 $97,362 $300,630
Total Revenues $250,733 $135,080 $1,196,384 $- $1,196,384 $2,778,581 Balance $ - $ - $ - $ - $ - $ - $ -
3 FTA Section 5310 provides formula funding to states for the purpose of assisting private nonprofit groups in meeting the transportation needs of older adults and people with disabilities when the transportation service provided is unavailable, insufficient, or inappropriate to meeting these needs.
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Potential Additional Funding Sources
Federal Funding
Note: In LA County, small cities are generally not eligible to be direct recipients of federal funds but can receive funds as a sub-recipient through LA Metro.
Low or No Emission (Low-No) Grant Program
The Low or No Emission competitive Federal Transit Authority (FTA) grant program supports funding to state and local governments for the purchase or lease of zero-emission and low-emission transit buses.
Eligible projects include: (1) purchasing or leasing low- or no-emission buses; (2) acquiring low- or noemission buses with a leased power source; (3) constructing or leasing facilities and related equipment (including intelligent technology and software) for low- or no-emission buses; (4) constructing new public transportation facilities to accommodate low- or no-emission buses, and/or (5) rehabilitating or improving existing public transportation facilities to accommodate low- or no-emission buses.4 In June 2021, the FTA allocated approximately $192 million in funding for the next program year. In 2020 the program funded 41 projects with a total of approximately $129 million. Of the 41 projects, the average funding amount was approximately $3.1 million. The lowest amount awarded was approximately $300,00 and the largest amount awarded was approximately $7 million.
Grants for Buses and Bus Facilities Program
The Grants for Buses and Bus Facilities Program is administered by the FTA to replace, rehabilitate, and purchase buses and related equipment to construct bus facilities. Previous project selections include the City of Hazleton, PA which received $10 million for constructing a new bus maintenance and storage facility. SEPTA was also a past recipient of the program, receiving $2 million to fund and construct new bus stations to extend its Roosevelt Boulevard Direct Bus Service from Frankford Transportation Center to Wissahickon Transportation Center.
Targeted Airshed Grants Program
The Targeted Airshed Grants program, administered by the US Environmental Protection Agency (EPA), assists local, state, and tribal air pollution control agencies with developing plans and conducting projects to reduce air pollution in non-attainment areas that EPA determines are the top five most polluted areas for ozone and PM 2.5 National Ambient Air Quality Standards. The program has approximately $59 million for the 2021 Fiscal Year. In 2020, the Allegheny County Health Department in Pennsylvania received approximately $5.6 million in funding to replace public transit buses with zero-emission alternatives. The California Air Resources Board in Nevada County also received approximately $2.4 million in 2020 to replace public transit buses with zero-emission buses.
Clean Fuels Grant Program
The Clean Fuels Grant Program is administered by the FTA to assist in maintaining National Ambient Air Quality Standards for ozone and carbon monoxide, as well as support emerging clean fuel technologies for transit buses. This includes the purchase or lease of clean fuel buses; construction or leasing of bus fueling or charging facilities and equipment; projects related to clean fuel, biodiesel, hybrid-electric, or zero-emissions technology; and buses that have lower emissions than existing clean fuel or hybrid electric technologies. Funds for a project are available over a three-year period. 4 USDOT FTA. Source URL: https://www.transit.dot.gov/lowno Item #21. Page 15
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Energy Efficiency and Conservation Block Grant (EECBG)
The EECBG program is administered by the US Department of Energy (DOE) to support and manage projects that improve energy efficiency and decrease energy use and fossil fuel emissions. This program received one-time funding under the American Recovery and Reinvestment Act (ARRA) of 2009. The EECBG program will receive $550 million through the Infrastructure Investment and Jobs Act for a new round of grants to state and local governments for clean energy investment projects, loan programs, and energy saving performance contracting programs (i.e., budget-neutral approaches to make improvements that reduce energy use and pay for them through future energy savings usage).5 6 In the 2009 round of funding, the City of Boston received approximately $6.5 million toward reducing fossil fuel emissions, reducing total energy use, and improving energy efficiency in the building sector.7 The Infrastructure Investment and Jobs Act – Carbon Reduction Program The newly passed federal Infrastructure Investment and Jobs Act has over $1 trillion in federal infrastructure investment. The legislation establishes guaranteed funding levels through Fiscal Year 2022- 2026 and is not a one-time stimulus. Its focus is to provide a foundation for a long-term surface transportation reauthorization bill. The legislation also includes investments in aviation, EV charging infrastructure, resiliency, and more.
Within the legislation is a Carbon Reduction Program that will distribute approximately $6.4 billion over five years to states for investment in projects that will help reduce transportation emissions. Eligible projects include transportation electrification, EV charging, public transportation, infrastructure for bicycling and walking, infrastructure that would support congestion pricing, diesel engine retrofits, port electrification and intelligent transportation systems (ITS) improvements. Approximately 65% of this funding would be allocated by population to projects in local communities.8 The Infrastructure Investment and Jobs Act – Grants for Charging and Fueling Infrastructure This grant was established behalf of the Infrastructure Investment and Jobs Act. Approximately $2.5 billion over five-years start in 2022 to support the deployment of publicly accessible alternative fuel charging infrastructure. This includes EV charging infrastructure, hydrogen fueling, propane fueling, and natural gas fueling infrastructure through 2026.
State Funding
California Energy Commission Clean Transportation Program Formerly known as the Alternative and Renewable Fuel and Vehicle Technology Program, this program invests up to $100 million annually in projects that support adoption of cleaner transportation powered by alternative and renewable fuels. Funding areas include electric vehicles and charging infrastructure, including for public transit buses.
5 Office of Energy Efficiency & Renewable Energy. Source URL: https://www.energy.gov/eere/slsc/energy-savings-performance-contracting 6 Office of Energy Efficiency & Renewable Energy. Source URL: https://www.energy.gov/eere/femp/energy-savings-performance-contractsfederal-agencies 7 ProPublica. Source URL: https://projects.propublica.org/recovery/gov_entities/8900/list/1 8 The Bipartisan Infrastructure Investment and Jobs Act of 2021, U.S. Senate Committee on Environment and Public Works. Source URL:
https://www.epw.senate.gov/public/_cache/files/2/e/2e879095-7fcd-4f6e-96fd-a4ad85afa0cc/7D48782E0BEB430002A767AC75961EB0.bifhighway-one-pager-final-2.pdf Item #21. Page 16
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Transit and Intercity Rail Capital Program (TIRCP)
The Transit and Intercity Rail Capital Program (TIRCP) was created to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to help fund capital improvements to modernize California’s intercity rail, bus, ferry, and rail transit systems. The program is focused on the following policy objectives: (1) reduce emissions of greenhouse gases, (2) expand and improve transit service to increased ridership, (3) integrate the rail service of the state’s various rail operations, including integration with the heigh-speed rail system, and (4) improve transit safety.
California Air Resources Board (CARB)
The CARB has several grant opportunities that are focused on protecting public health and combatting air pollution. The Community Air Protection Program provides a community air grant which includes provisions for technical assistance to community-based organizations to support their efforts towards improving air quality and climate efforts.
California Climate Investments (CCI)
CCI is a statewide initiative that supports reducing greenhouse gas emissions, strengthening the economy, improving public health, and improving environmental conditions, with a focus on disadvantaged communities. This program uses greenhouse gas cap-and-trade proceeds to invest in projects that will reduce greenhouse gas emissions.
Clean Mobility Options Voucher Pilot Program
The Clean Mobility Options Voucher Pilot Program (CMO) awards voucher-based funding for zeroemission mobility programs that provide service in California’s historically underserved communities. CMO is funded by California Climate Investments and is administered by a collaboration between CALSTART, the Shared Use Mobility Center, GRID Alternatives, and Local Government Commission. CMO has made a concerted effort to center equity in its awardee process.
Under this grant program, the City of Richmond which was awarded $1 million to implement the City’s first citywide, on-demand shuttle program. Other examples in Northern California include the Oakland Department of Transportation $1 million grant for an Oakland E-bike Library. Oakland also received approximately $500,000 for an on-demand Oakland Unified Student Transportation program.
Low Carbon Transit Program (LCTOP)
The LCTOP was created to support operating and capital assistance for transit agencies to reduce greenhouse gas emissions and enhance mobility. This program gives priority to serving disadvantaged communities. Eligible projects selected by LCTOP will support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project reducing greenhouse gas emissions.9 9 Low Carbon Transit Program (LCTOP). Source URL: https://dot.ca.gov/programs/rail-and-mass-transportation/low-carbon-transit-operationsprogram-lctop Item #21. Page 17
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Section I. Start-Up and Scale-Up Challenges
Resiliency Considerations
The City of Glendora will also need to consider resiliency as it deploys BEBs. Because BEBs are reliant on electric charging, a power outage at the depot may mean that it would not be possible to provide scheduled service for those who depend on it. In addition, in recent years, there have also been an increasing number of power shut-offs due to wildfire risk from high winds during the dry season and excess energy usage during heat waves. If these trends continue into the future, as expected, this will only exacerbate the need for the City to have a strategy to charge buses during power outages. The City of Glendora will be exploring opportunities to install on-site solar photovoltaic panels to generate on-site power, as well as battery solutions for on-site energy storage. Grant opportunities cited in the above section could potentially be used to fund such installations to augment the resiliency of Glendora transit operations.
Cost Considerations
While BEBs have a higher purchase price than CNG or gasoline-powered vehicles, maintenance and fuel costs tend to be lower. However, due to the nascent nature of the technology this, lower maintenance and fuel costs may not materialize as expected. Maintenance cost uncertainty may be somewhat mitigated because of the contract nature of Glendora’s shuttle service. However, this remains an area of uncertainty that may present challenges during the transition period. Additionally, there are limited sources of funding for new capital expenditure. Much of the existing funding is programmed to capital, operations, and maintenance. One avenue of opportunity would be partnership or group application for small operators to seek additional funding.
Technological Maturity and Uncertainty
Cutaway BEBs are relatively newly available on the market, and their market may not be entirely mature in terms of product development. Their performance is also somewhat unproven. This may be mitigated with contract warranties and a planned spare ratio of 25%. However, performance issues could potentially lead to challenges with providing scheduled service.
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LIMIT OF WORK
1 OF SHEET
2 SCE CHARGE READY
City of Glendora
1636 Compromise Line Road, Glendora, CA, 91741 HIGH LEVEL SITE PLAN - NOT FOR CONSTRUCTION DATE 8/6/2021 LEGEND
IMPROVEMENTS & QUANTITIES
Item #21. Page 33
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2 OF SHEET2
SCE CHARGE READY
City of Glendora
1636 Compromise Line Road, Glendora, CA, 91741 HIGH LEVEL SITE PLAN - NOT FOR CONSTRUCTION DATE 8/6/2021 M Item #21. Page 34
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Quotation
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Tony Chang Quote Number: Q-207183-1 E-Mail: [email protected] Date: 4/26/2022
Telephone: Expires On: 5/26/2022
Primary Contact: Steven Mateer
Bill To Address
\i1\
City of Glendora
116 E Foothill Blvd
GLENDORA California 91301
United States
Ship To Address
\i1\
City of Glendora
116 E Foothill Blvd
GLENDORA California 91301
United States
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250C-625-CCS1-
CHD
ChargePoint Express 250
Station (62.5 kW) - includes
Express 250 Station, 2x
Power Modules, 1x CCS1
cable, 1x CHAdeMO cable,
North America Modem/SIM,
cUL and UL listed, requires
CPE250-CMT-IMPERIAL in
US, CPE250-CMT-METRIC
in Canada. CPE250-CMTIMPERIAL/METRIC not
included.
4 USD 44,065 5 USD 41,862 USD 167,448
CPE250-TOOLKIT-F CPE250 Tool Kit 1 USD 0 0 USD 0 USD 0
DC-UNIVERSAL-CMTMETRICRequired metal bracket to
align conduits and mounting
bolts for DC power delivery
products when cable entrance
is from below. This bracket
is to be installed into the
foundation before the concrete
pad is poured. Metric Units.
Required for CPE250 and
PDD series.
1 USD 0 0 USD 0 USD 0
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Item #21. Page 53
Meeting Date: 6/28/2022 / Packet Page #: 665
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250-INSTALLCOMMISSIONINGThis service includes both the Installation and Commissioning
of the Express CPE250
charging station. Customers
must work with their contractor
to perform all construction
(the ‘make ready’) up to
the point where stations
can be bolted down and
connected. ChargePoint
will then perform the on-site
validation of electrical capacity,
transformers, panels, breakers,
wiring, cellular coverage so
that they meet all ChargePoint
and local code requirements,
then install and commission the
station. Before installation can
begin, ChargePoint requires
the customer’s ‘make ready’
contractor to submit evidence
of adherence to ChargePoint’s
standards and specifications.
In addition to verifying and
testing the installation,
Commissioning also ensures
the station is connected to
the ChargePoint network,
completing software updates
and pairing configuration if
applicable. In parallel, the
ChargePoint Activations team
will configure the station and
apply policies according to the
customer’s specifications. A
final Commissioning Report will
be provided to the customer.
Note that if Commissioning
cannot be performed due to
site or installation deficiencies
for which ChargePoint is not
responsible, the customer will
incur a rescheduling fee to
cover redeployment costs.
Priced per Express CPE250
station.
4 USD 4,400 15 USD 3,740 USD 14,960
CPE250-ASSURE-2 2 prepaid years of ChargePoint
Assure for CPE250 station.
Includes Parts and Labor
Warranty, Remote Technical
Support, On-Site Repairs
when needed, Unlimited
Configuration Changes, and
Reporting.
4 USD 8,400 15 USD 7,140 USD 28,560
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Item #21. Page 54
Meeting Date: 6/28/2022 / Packet Page #: 666
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPCLD-ENTERPRISEDC-5Enterprise Cloud Plan
subscription with advanced
station management features
such as: Custom Video
uploads, and Automatic
Software Updates, driver and
fleet management features
including: Access Control
and Pricing & Automatic
Payment Collection, as well
as advanced energy and
power management features
which include: Time of Use
Power Sharing and Energy
Management APIs. Realtime dashboards and reports
provided for applicable features
including 15 min meter data
readings and associated
advanced energy reports.
4 USD 4,799 15 USD 4,079 USD 16,316
CPSUPPORT-ACTIVE Initial Station Activation &
Configuration Service includes
activation of cloud services and
configuration of radio groups,
custom groups, connections,
access control, visibility control,
pricing, reports and alerts. One
time initial service per station.
4 USD 349 15 USD 297 USD 1,188
Quote Total: USD 228,472.00
Estimated Tax: USD 17,163.42
Shipping Fee: USD 1,469.00
Grand Total: USD 247,104.42
Quote Acceptance
+ Each Assure and Cloud Services subscription that you purchase for a Charging Station will commence ninety (90) days from the date the Charging Station associated with that subscription is shipped to you and will last for the subscription length selected in the applicable order.
+ All pricing is confidential between Customer and ChargePoint. + All prices are FCA ChargePoint warehouse(s).
+ Customer to be invoiced at time of shipment.
+ Sales tax in applicable states and shipping costs will be applied to this quote at time of invoicing. + All invoices are Net 30 days.
+ Credit Checks are required for new customers.
+ Pricing does not include installation or mounting services unless specifically quoted above. + Additional Purchase Terms and Conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Item #21. Page 55
Meeting Date: 6/28/2022 / Packet Page #: 667
By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the above terms and conditions and that this signed quote shall act as a purchase order.
Signature : \s1\ Title : \t_1\
Name (Print) : \FN_1\ Date : \d1\
Company Name : \CompanyName_1\
Accounts Payable Contact Name : \AccountPayableContactName_1\ Accounts Payable Contact E-Mail : \AccountsPayableContactEmail_1\ Requested Ship Date : \dsrequestedshipdate_1\
© 2021 ChargePoint, Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
Item #21. Page 56
Meeting Date: 6/28/2022 / Packet Page #: 668
DATE
5/17/2022
Model Configuration Motor Battery Size
Attn: EV250 30ft Transit Bus Dana TM4 PEM 260 kWhAddress:Cell:
Office:Email:FROM
GreenPower Motor Company Inc.
1700 Hope AvenuePorterville, CA 92357SALES INFORMATION DESCRIPTION BASE PRICE EXT. AMOUNTDate of Quote: $ 1,159,800.00 579,900.00 $ Reference: Salesperson: Brendan Riley [email protected]
Ricon Wheelchair Ramp and Q'Pod Restraint SystemWabco ECAS Suspension System HD Camera System w/ RecorderI/O Controls Multiplex System and Destination SignsRomeo Front and Rear BumperBike Rack CA HVIP Program: Class 8 Voucher - $120,000 + Public Transit Plus Up - $18,000 ($138,000.00) $ (276,000.00) $ 895.00 $ 1,790.00
$ 1,159,800.00$ 885,590.00
Sales Tax 3.00% $ 34,794.00
$ 920,384.00
Thank you for your business!
Price valid for 30 days from quote date.
5/17/2022
PAYMENT INFORMATIONNOTESDELIVERY / LEAD TIME
Total Quote
Vehicle Delivery Estimate ~ $5/mile from Porterville, CA Subtotal
8-10 months or sooner after confirmation of spec and notice to proceed.
DESCRIPTION OF VEHICLE(S)
OPTIONS
CHARGING
Year
Customer Signature & Date
2022
2 QUOTE #
VEHICLE QUOTE
Delivery & Special Fees
This quote is subject to the GP Terms and Conditions of Sale GPQ-22-115
Taxable Amount
2 Dana TM4 PEM Motor - 120kW Rated Power
TO
Steven Mateer626-852-4846
City of Glendora
Glendora, CA
[email protected]
Battery-Electric 30' Transit Bus w/ 21 passenger seats + 2 wheelchair positions.
Description
J1772 DCFC & Level 2 (CCS)
QTY
GP 2022 EV250 30ft Electric Transit Bus
Payment due upon delivery. Delivery fees and applicable taxes to be applied on final invoice.Sales tax based on the CA ZEV Incentive.
GreenPower Standard Transit Plastic SeatsISIRI Driver's Seat Incentives
2 [email protected] GreenPowerMotor.com (909) 308-0960 Item #21. Page 57
Meeting Date: 6/28/2022 / Packet Page #: 669
STANDARD TERMS AND CONDITIONS OF SALE (QUOTE)
1. Acceptance.
BUYER’S AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED
IN THIS DOCUMENT SHALL BE CONCLUSIVELY PRESUMED FROM
BUYER’S ACCEPTANCE OF ALL OR ANY PART OF THE GOODS OR FROM PAYMENT BY BUYER FOR ALL OR ANY PART OF THE GOODS. NONE OF
THESE TERMS AND CONDITIONS MAY BE ADDED TO, MODIFIED,
SUPERCEDED OR OTHERWISE ALTERED, EXCEPT BY A WRITTEN
INSTRUMENT SIGNED BY AN AUTHORIZED EXECUTIVE OF SELLER.
FAILURE OF SELLER TO OBJECT TO ANY TERMS OR CONDITIONS
WHICH MAY BE CONTAINED IN ANY DOCUMENT OR FORM OF BUYER
SHALL NOT BE CONSTRUED AS A WAIVER OF THESE CONDITIONS, NOR AS AN ACCEPTANCE OF ANY SUCH TERMS AND CONDITIONS.
8. Shipment.
Buyer shall assume all risk of loss or damage upon delivery by Seller to the carrier at the point of shipment. Scheduled dates of delivery are determined from the date of Seller’s acceptance of any order or orders placed by Buyer and are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery.
Seller shall not be liable for any damages caused by failure or delay in shipping the goods described herein, if such failure or delay is due to any war, embargo, riot, fire, flood, accident, mill condition, strike or other labor difficulty, an act of Buyer, an act of God, an act of a governmental authority, transportation shortage or failure, inability to obtain sufficient fuel, labor, materials or manufacturing facilities, or any other cause beyond the reasonable control of Seller.
2. Payment Terms. 9. Acknowledgement
Any payments not made within thirty (30) days of the due date, as described on the QUOTE, shall be subject to a late payment charge of 2% per month (compounded) on the unpaid balance of any amount then passed due.
The Buyer acknowledges that it is familiar with the Goods, has inspected the same or has been given a reasonable opportunity to inspect the same, and that the same is in good working order and is suitable for the Buyer’s purposes, without any warranty or representation by the Seller whatsoever, express or implied, whether as to durability, quality, condition or suitability thereof for any purpose or otherwise.
3. Taxes.
The quoted purchase price may be increased to the extent that Seller’s cost of the product sold hereunder may be increased as a result of (1) any agreements, codes, or legislative enactments made or enacted pursuant to federal, state of municipal legislation; and (2) increase in the cost of labor or raw materials. In addition to paying the quoted purchase price, Buyer is solely liable for any excises, levies or taxes which Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods covered hereby, and Buyer agrees to pay the amount thereof on the same terms as it shall pay the quoted
10. 11.
Cancellation.
Orders accepted by Seller are subject to cancellation by Buyer only upon the express written consent of Seller. Upon such cancellation and consent, Seller shall cease work and hold for Buyer all completed and partially completed articles and work in progress and Buyer shall pay Seller: for all work and materials that have been committed to and/or identified to Buyer’s order plus a cancellation charge as prescribed by Seller, in addition to a reasonable profit to Seller on the entire contract.
Indemnification.
4. purchase price.
Warranty.
In addition to the foregoing, Buyer agrees to save and hold Seller harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by Buyer or
SELLER AGREES THAT THE VEHICLES SUPPLIED UNDER THIS
QUOTE (THE “GOODS”) SHALL CONFORM TO ITS STANDARD
WARRANTY. THE FOREGOING WARRANTY IS SELLER'S SOLE
WARRANTY WITH RESPECT TO THESE GOODS. ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
12. Buyer’s customers, agents, employees or invitees involving the use of the goods supplied by Seller. This indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon Seller in connection with the defense of any such claim.
Governing Law.
SELLER'S LIABILITY FOR BREACH OF WARRANTY HEREUNDER IS
LIMITED SOLELY TO THE TERMS AND CONDITIONS OF THE SELLERS WARRANTY. THE FAILURE TO GIVE NOTICE OF A WARRANTY CLAIM WITHIN THIRTY (30) DAYS FROM DATE OF DELIVERY SHALL
CONSTITUTE A WAIVER BY THE BUYER OF ALL CLAIMS IN RESPECT TO SUCH GOODS.
Any agreement arising out of this transaction shall be deemed to have been made in the State of California. The parties agree that the validity, interpretation and performance of any agreement arising out of this transaction shall be governed by the laws of the State of California without regard to conflicts of interest laws.
Buyer and Seller hereby submit to the exclusive jurisdiction for the resolution of any disputes hereunder. This shall be the sole and exclusive jurisdiction and venue for the purpose of adjudication of any rights and liabilities hereunder.
5. LIMITATION OF LIABILITY.
SELLER'S LIABILITY TO BUYER, WHETHER IN CONTRACT, IN TORT, UNDER
ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED IN
ANY CASE THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY
BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, IN DIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR LIMITING SELLER'S LIABILITY. NO
ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS QUOTE MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE DATE OF THIS QUOTE. WITHOUT LIMITATION OF THE
FOREGOING,INNOEVENTWILLSELLERBERESPONSIBLEORLIABLEFOR(A)
13. 14.
Default.
In the case of default or breach by Buyer in the performance of any or all of the provisions of this agreement, Seller may cancel any outstanding order from Buyer and declare all obligations immediately due and payable, and shall in addition have all remedies afforded by the Uniform Commercial Code as enactedin Illinois, and any other applicable law. Buyer shall in addition, be liable for Seller’s expenses incurred in exercising any remedies available to it, including reasonable attorney’s fees and legal expenses. All unpaid obligations shall bear interest at the contract rate provided under terms of payment above.
Delay.
6. PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (B)
INDEMNIFICATION OF BUYER OR OTHERS FOR COSTS, DAMAGES OR EXPENSESARISINGOUT OF OR RELATED TOTHE GOODS.
Claims.
If Buyer requests deferral of deliveries, Seller’s agreement to defer delivery shall not excuse Buyer from its obligation to pay for the goods at the same times and in the same quantities as the original delivery schedule, including interest due pursuant to these terms and conditions. In addition to adhering to the original payment schedule, Buyer shall pay such storage charges as Seller may assess for storing the goods awaiting delivery. If Buyer requests deferral prior to Claims by Buyer for shortages or errors in delivery must be made within five (5) days after the delivery of the Goods. Goods are sold subject to the standard manufacturing practices of Seller's suppliers.
commencement of production, Seller may require progress payments in connection with expenses for materials and services incurred by Seller in anticipation of production.
7. Returns.
No Goods shall be returned for credit without first obtaining written consent from an executive officer of Seller.
Purchaser Signature & Date:
__________________________________________________
Item #21. Page 58
Meeting Date: 6/28/2022 / Packet Page #: 670
Attachment F - Financial Plan
6/28/2022
Project Expenditures FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Chargers $ 247,104 $ - $ 247,104
Moving/Site Work/Other $ 50,009 $ 95,663 $ 145,672
Total Project Cost $ - $ 50,009 $ 247,104 $ 95,663 $ - $ - $ 392,776 Project Revenues FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Fund 209 - Prop A Local Return $ - $ 50,009 $ 104,328 $ 95,663 $ 250,000 Fund 207 - Carl Moyer $ 107,776 $ 107,776
Fund 215 - AQMD/AB2766 $ - $ 35,000 $ - $ 35,000
Total Revenues $ - $ 50,009 $ 247,104 $ 95,663 $ 392,776 Balance $ - $ - $ - $ - $ - $ - $ -
Project Expenditures FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total ZEB Transit Bus $ - $ 1,196,384 $ 1,196,384 $ 2,392,768 Dispatching Software $ 139,000 $ 139,000
DAR Van (4) $ 111,733 $ 135,080 $ - $ - $ 246,813
Total Project Cost $ 250,733 $ 135,080 $ 1,196,384 $ - $ 1,196,384 $ - $ 2,778,581 Project Revenues FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 Total Fund 209 - Prop A Local Return $ 47,465 $ 37,718 $ 213,413 $ 43,777 $ 342,373 Fund 211 - Prop C Local Return $ 375,000 $ 375,000
Fund 001 - LCFS Credits $ 24,280 $ 24,280
Fund 209/215 - HVIP Voucher $ 276,000 $ 276,000 $ 552,000 Fund 215 - AQMD/AB2766 $ 256,931 $ 256,931
Fund 207 - MSRC/Other Grant $ 50,760 $ 876,607 $ 927,367 Fund 207 - FTA Section 5310 $ 203,268 $ 97,362 $ 300,630 Total Revenues $ 250,733 $ 135,080 $ 1,196,384 $ - $ 1,196,384 $ 2,778,581 Balance $ - $ - $ - $ - $ - $ - $ -
Transportation Yard Upgrades for EV Fleet
Glendora Transit Fleet Replacement
Item #21. Page 59
Meeting Date: 6/28/2022 / Packet Page #: 671
Glendora Transit Zero Emission
Bus Fleet Implementation
Community Development Department
City Council
June 28, 2022
Steven Mateer, Transportation Manager CityOfGlendora.org Item #21. Page 60
Meeting Date: 6/28/2022 / Packet Page #: 672
2 BACKGROUND
• Fixed-route and paratransit
• Innovative Clean Transit Rule
• ChargeReady Transport
• MSRC Grant
• Regional Leadership
Item #21. Page 61
Meeting Date: 6/28/2022 / Packet Page #: 673
3 POLICY CONTEXT
• General Plan
• CIR-2.10 Plan for adequate bus service to meet Glendora’s future needs
• AQ-5.1 Promote and encourage the use of public transit • Innovative Clean Transit Rule
• New funding sources
Item #21. Page 62
Meeting Date: 6/28/2022 / Packet Page #: 674
4 Zero Emission Rollout Plan
• Required by Innovative Clean Transit Rule
• Documents fleet replacement, schedules, and costs
• Identifies barriers and opportunities
• Draft to Planning Commission in February 2022
• Final to City Council in September 2022
Item #21. Page 63
Meeting Date: 6/28/2022 / Packet Page #: 675
5 Zero Emission Rollout Plan
• Key Findings
• EV250 adequate to meet mileage needs
• Assumes midday charging will be needed
• Funding for capital is a major constraint
• Achieve compliance well ahead of Innovative Clean Transit Rule • Opportunities for partnerships
• Citrus College and PVTA/City of Covina/City of Azusa
Item #21. Page 64
Meeting Date: 6/28/2022 / Packet Page #: 676
6 Current Status – ChargeReady Transport
Item #21. Page 65
Meeting Date: 6/28/2022 / Packet Page #: 677
7 EV Chargers
• $107,776 Carl Moyer Grant
• Four DC Fast Chargers from
ChargePoint
• Charge buses under three hours
Item #21. Page 66
Meeting Date: 6/28/2022 / Packet Page #: 678
8 ZERO-EMISSION BUS PROCUREMENT
• Substantial challenges finding the right sized vehicle • Lion Electric has delayed delivery until FY2025
• Places grants and ChargeReady program at risk
• Recommend reprogramming bus purchase funds
Item #21. Page 67
Meeting Date: 6/28/2022 / Packet Page #: 679
9 ZERO-EMISSION BUS PROCUREMENT
• GreenPower EV250
• Based in Rancho Cucamonga
• Assembled in Porterville
• Performance
• 163 miles
• 26 passenger capacity
• 10-year design life
• 7-year battery warranty
Item #21. Page 68
Meeting Date: 6/28/2022 / Packet Page #: 680
FUNDING PLAN
10 Item #21. Page 69
Meeting Date: 6/28/2022 / Packet Page #: 681
FUNDING PLAN
11 Item #21. Page 70
Meeting Date: 6/28/2022 / Packet Page #: 682
12 That the City Council:
1. Receive and File the Draft Zero Emission Rollout Plan;
2. Execute the Program Agreement with Southern California Edison for the ChargeReady Transport Program;
3. Execute the agreement with the South Coast Air Quality Management District for the Carl Moyer Grant in the amount of $107,776.00;
4. Approve the purchase of four (4) ChargePoint Express 250 Station (62.5 kW) and related services for $247,104.42;
5. Approve the purchase of two (2) GreenPower Motor Company EV250 for $920,384.00;
6. Authorize the Administrative Services Director/City Treasurer to make the budget adjustments described in Attachment F; and
7. Authorize the City Manager or their designee, to execute the purchase order with the vendors in Items 4 and 5, including making minor and non-substantive changes.
Item #21. Page 71
Meeting Date: 6/28/2022 / Packet Page #: 683
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE AGREEMENT FOR LANDSCAPE MAINTENANCE & WEED ABATEMENT TO MARIPOSA LANDSCAPES INC. IN THE AMOUNT OF $1,031,480 PER YEAR, FOR 4 YEARS, IN A TOTAL AMOUNT OF $4,125,920
RECOMMENDATION
That the City Council:
1. Award a Contract Services Agreement for Landscape Maintenance & Weed Abatement to Mariposa Landscape, Inc. in the amount of $1,031,480 per year, for 4 years, in a total amount of $4,125,920, with options for City Council to approve up to three 1-year extensions; and,
2. Authorize the City Manager or his designee to execute the Agreement with Mariposa Landscape Inc. including minimal and/or non-substantive changes.
EXECUTIVE SUMMARY
The City’s current agreement with Priority Landscape Services, LLC. (Priority Landscape) expires on June 30, 2022. A competitive bidding process was conducted for the needed services. The City’s current agreement with Orozco Landscape & Tree Company (Orozco Landscape) for weed abatement has also been exhausted. In an effort to consolidate all currently known landscape and weed abatement needs under one long-term agreement, the City conducted a Request for Proposals (RFP) process. Five (5) bids were received, all of which were found to be from responsible bidders based on responsiveness to the RFP requirements, and an evaluation of qualifications and experience. Bids ranged from $1,031,480 to $1,550,442.
Based on all bidders qualifying as responsive, staff recommends entering into an agreement with Mariposa Landscape Inc. (Mariposa Landscape) as the low bidder to provide landscape maintenance and weed abatement services to parks & facilities, medians, assessment sites, water sites, rights-of-way, and open spaces. The recommended agreement would be for $1,031,480 per year, for an initial term of four (4) years, and a total amount of $4,125,920, with options for City Council to approve up to three (3) 1-year extensions.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City currently contracts with Priority Landscape for the majority of its landscaping needs. The original agreement with them was awarded by City Council on June 12, 2018, for an annual amount of $201,816 per year.
Since this time, the agreement has been amended four (4) times to increase the scope of services. The fourth and most recent amendment was approved by City Council on November 10, 2020, with an initial amount of $597,248 budgeted for Fiscal Year 2021-2022, plus $24,999 in additional services approved administratively, as allowed by the contract.
The City’s agreement with Orozco Landscape for weed abatement was awarded by Council on July 9, 2019 for a total amount of $110,800 for services rendered. The original schedule of performance was through November 1, 2020, but this was temporally extended beyond this due to the unforeseeable nature of the COVID-19 pandemic, with $71,730 of the total amount expended in FY 2021-22. The agreement has now Item #22. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 684
Staff Report Page 2 of 2
been completed.
DISCUSSION
With the current agreement expiring, staff conducted a request for proposals (RFP) process for landscape maintenance and weed abatement. Items added to the agreement that were formerly performed either piece-meal under various smaller contracts, or in-house as needed, include weed abatement of all Citysites and maintained rights-of-way, as well as the addition of all Water Division sites not included on the previous agreement.
The RFP (Attachment A) was released on April 7, 2022, and notice published in the San Gabriel Valley Examiner on April 7 and April 14, 2022 (Attachment B). Proposals were due, the RFP closed, and bid opening was held on May 3, 2022. Five (5) proposals were received, with total bids/costs over the 4-year contract term ranging from a total of $4,125,920 to $6,201,688 (Attachment C). Annual and total bid amounts received are shown in the table below, in ascending order of cost.
Bidder Annual Bid
Amount
Total
4-Year
Bid Amount
Mariposa Landscapes, Inc. $1,031,480 $4,125,920
Orozco Landscape & Tree Company $1,047,800 $4,191,200
Nieves Landscape, Inc. $1,125,324 $4,501,296
Priority Landscape Services, LLC. $1,251,790 $5,007,160 Albarca Landscape Company $1,550,422 $6,201,688
Along with incorporating the services that were provided by the Priority Landscape and Orozco Landscape agreements, staff also added the landscape maintenance associated with all Water Division sites not already maintained under the current agreement (21 additional sites to the 4 already included), as well as all City-maintained rights-of-way weed abatement. In the past, maintenance of these sites was intermittently performed by staff, by Priority under the additional services clause of their contract, or informally bid out as needed. The recommended contract if approved, will start on July 1, 2022, and end on June 30, 2026.
FISCAL IMPACT
The total compensation for the initial four-year contract term is $4,125,920, or $1,031,480 annually.
The BID, Water Division and Transportation are fully funded, and the Assessment sites cost will be updated on the final Engineer’s Report (any adjustments to the budget for the Assessment sites that are needed will be addressed at mid-year).
ENVIRONMENTAL DETERMINATION
NOT APPLICABLE
Prepared By Andrea Miller, Landscape/Contracts Supervisor Concurs With Not Applicable
Reviewed By Alison Sweet, Director of Public Works
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. Request for Proposal
B. Proof of Publication
C. Bid & Cost Proposal Totals
D. Agreement
E. Presentation
Item #22. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 685
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org
REQUEST FOR PROPOSAL (RFP)
QuestCDN# 8172837
Landscape Maintenance & Weed Abatement Program
RFP Release Date: Thursday, April 7, 2022
Contact Name(s):
Address:
E-mail Address:
Andrea Miller
Landscape/Contracts Supervisor
116 E. Foothill Boulevard
Glendora, CA 91741
[email protected]
Mandatory Pre-Proposal Conference:
Location:
Tuesday, April 19, 2022, at 10:00 am
Bidwell Forum
Located on the second floor of the Glendora Library
140 Glendora Ave, Glendora, CA 91741.
Deadline for Questions and
Objections:
Friday, April 29, 2022, at 5:00 pm
Proposal Due
Location:
Tuesday, May 3, 2022, no later than 10:00 am Pacific
Time
Electronic proposal submission
through QuestCDN is required
INTRODUCTION
The City of Glendora is seeking a qualified contractor to provide Citywide Landscape Maintenance and Weed Abatement services for medians, parks, assessment sites, water reservoirs and various other sites throughout the city.
The term of this contract shall be four (4) years, starting July 1, 2022, and ending on June 30, 2026.
The purpose of this Request for Proposal (RFP) is to define the services and level of landscaping and weed abatement required to maintain the City’s sites. The contractor shall be responsible for providing a level of maintenance that ensures these sites are safe, aesthetically pleasing, and in a usable condition with all plant material maintained in a state of good plant health.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program This is an outcome-based contract where the City has established specific landscape standards as outcomes. The Contractor is responsible to develop a base bid necessary to maintain the expected outcome standards. The bid is to be presented as what the total cost would be for each site for a 12- month period. The city will inspect the work of the Contractor weekly against the stated standards to determine compliance and payment.
The city will consider innovative solutions and alternatives that will best accomplish the desired outcome. The respondent will be expected to fulfill, at a minimum, the services and technical requirements as described in the document.
SCOPE OF WORK
Services required by Glendora include but are not limited to the task outlined below and any other task necessary to perform the required duties. The Landscape Maintenance & Weed Abatement Program (“Contract”) is an outcome-based contract where the City has established specific landscape standards as outcomes. The Contractor is responsible to develop a base bid necessary to maintain the expected outcome standards. The bid is to be presented as what the total cost would be for each site for a 12-month period. The City will inspect the work of the Contractor weekly against the stated standards to determine compliance and payment.
The work to be performed under the Contract consists of the furnishing of all labor, insurance, materials, transportation and equipment needed to perform Landscape Maintenance and Weed Abatement at various locations in the City of Glendora further described in the Scope of Work
TURF MAINTENANCE
Turf shall be maintained with a crisp, clean appearance at all times. Turf shall be mowed weekly in the active growing season and bi-weekly in the off-season of the turf. Bruising or rough cutting of grass shall not be permitted. Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height. Scalping will not be permitted. Grass cuttings which clump, or windrow shall be removed immediately. Mowing patterns will be changed weekly or however necessary to avoid rutting.
Care shall be taken to avoid damage by mowers to tree trunks, irrigation heads and any other utilities, facilities, or structures within or adjacent to turf areas. Any damage caused by the Contractor’s negligence shall be repaired at the Contractor’s expense. Prior to mowing, the contractor shall ensure that the mower is clean so that no roots, stolon’s, seeds or crowns of foreign grasses are introduced to the turf.
Weeds in turf shall be maintained to a minimum of 1% at any given time. A pre-emergent herbicide shall be applied in the spring to prevent the introduction of crabgrass in the sports fields prior to the soil temperatures reaching 60 degrees.
All litter and debris in turf areas shall be picked up and disposed of properly. Grass clippings may be left behind if dispersed uniformly throughout the turf area.
TURF RENOVATION
Finkbiner’s Lobb Field and Louie Pompei Memorial Sports Park are closed to the public in midDecember for renovation of the natural sports fields. They are re-opened February 1st to allow spring sports to begin. Preparation of the grounds shall start by aggressively dethatching the turf. If dethatching is not needed (to be determined by city designee), mowing to a height of ½” to open canopy and expose soil. Aeration shall be done in two directions to relieve compaction using hollow tines.
Spread annual ryegrass at a rate of 10-15 lbs. per 1,000 square feet. Apply half the rate in one direction and the other half in a perpendicular direction. Apply a thin layer of approximately 1/4” of Item #22. Page 4
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program topdressing.
Ensure the turf is watered in thoroughly. Using existing irrigation system, cycles should water the seed enough that it will maintain it moist, but not rot from sitting in water for too long. Typically, each station is run for about 6 minutes 4 times per day for rotors, also depending on the watering mechanism.
Once all the grass seed has germinated, watering should be reduced, and mowing should resume once the length reaches 2 inches. Fertilize the grounds within the first month to ensure the new seedlings are nourished. Ensure the grounds are not saturated to prevent compaction and ruts. Any damage related to rutting and compaction shall be corrected by the contractor. Fencing shall be provided by the Contractor to keep the public out of the newly seeded areas. The City shall provide grass seed only.
INFIELD MAINTENANCE
In the winter, infields are often rutted due to irrigation or winter storm runoff. Once a year prior to the commencement of the softball sports season, contractor shall level out the ruts to ensure infields are ready for play. The city will provide material if replenishment is required. Lips along the grass edge shall not be permitted.
SPORTS TURF MAINTENANCE
Frequency of mowing will be governed by the species of grass and the growth rate. Turf shall be mowed at least weekly in the active growing season and bi-weekly in the off-season of the turf.
Contractor shall mow the turf a minimum of 52 times per year. Bruising or rough cutting of grass shall not be permitted. Never remove more than one-third of the total leaf surface at a given mowing.
Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height. Scalping will not be permitted unless it is being performed in preparation for seeding. Grass cuttings which clump, or windrow shall be removed immediately. Mowing patterns shall be changed weekly or however necessary to avoid rutting. Care shall be taken to avoid damage by mowers to irrigation heads and any other utilities, facilities or structures within or adjacent to turf areas. Any damage caused by the Contractor’s negligence shall be repaired at the Contractor’s expense. Prior to mowing, the contractor shall ensure that the mower is clean so that no roots, stolon’s, seeds or crowns of foreign grasses are introduced to the turf. All litter and debris in turf areas shall be picked up and disposed of properly. Grass clippings may be left behind if dispersed uniformly throughout the turf area.
A pre-emergent herbicide shall be applied in the spring to prevent the introduction of crabgrass in the sports fields prior to the soil temperatures reaching 60 degrees.
MOWING SCHEDULE
Mowing shall be performed as per the schedule below.
Growing Season / Frequency Off-Season / Frequency
March 01 – October 31 November 01 – February 28
Weekly Bi-Weekly
EDGING
All turf areas shall be cleanly edged to the inside (turf side) edge of the concrete median curbs. All turf growing along public sidewalks and walkways shall be edged to maintain a crisp, clean edge along all such structures. Grass shall also be kept from overgrowing sprinkler heads.
Turf Type Spring Height Summer Height
Ryegrass 2.0” 3.0”
Bermuda 1.0” 1.5”
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program Edging shall also include trimming grass around: poles, utilities, valve boxes, controllers, and any other hardscape areas. Edging shall be done once per week in the active growing season and bi-weekly in the off season of the turf. Edging shall be done with the use of a power edger. A line trimmer is not appropriate for trimming turf. Soil sterilant or other herbicides shall not be used for edging.
Edging around trees shall be at least 16” away from the trunk. At no time is a line trimmer to be used on or at the base of any City tree.
SHRUBS & PLANTS
Shrubs and plants shall be pruned as necessary to encourage healthy, natural growth patterns for each specific variety. For example – Cleveland Sage shall be pruned back to remove old flowers, Kangaroo Paw stalks are to be cut down to the coppice once they have died and shrub style Redbuds shall be coppiced in the late fall or winter. Pruning is to be done after the plants stop producing new flowers and shall include thinning, shaping, and removing dead or diseased branches.
Unless a hedge is present, hedge trimming shall not take place. Shrubs and plants are never to be cut using a weed eater or hedge trimmers. Bypass pruners are to be used at all times. Shrubs are to be kept in a natural shape allowing for them to get to their mature size. Directional pruning shall be utilized to guide the plants away from valve boxes and walkways.
All shrubs shall be pruned back to clear all roadways, curbs, gutters, and sidewalks. Shrubs shall not block signs, utilities, utility meters or any other facilities located within the work areas. Shrubs shall not block access to controllers or electric valves and shall be pruned to minimize blockage of irrigation head spray patterns. Shrubs which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12” – 24” as measured from the street level.
GROUNDCOVER
Groundcovers such as but not limited to, gazania, rosemary etc., shall be kept trimmed behind top of curb lines, kept off pedestrian walkways, out of curb and gutter areas, kept out of interplant shrubs and trees, trimmed to keep all signs, poles, guardrails, and utility meters clear, and kept from encroaching in any way into private property or onto private property fences. Grasses, weeds, sucker growth, or any other growth shall be removed from groundcover to maintain a neat and clean appearance.
Groundcover which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12” – 24” as measured from the street level.
The Contractor shall clear sidewalks and roadways of plant material after cutting to maintain a clean, neat appearance. All leaves and debris are to be picked up and disposed of by the Contractor. No leaves and debris are to be blown into planters, streets, gutters etc.
TREES
Trees which are staked shall have supports kept in good repair. Any broken or damaged supports or ties shall be replaced as soon as possible. Staking shall remain in place until trees are fully capable of self-support at which time they are to be removed. Stakes and ties shall remain on tree roses at all times. Trees which have low hanging, diseased, dead or broken branches shall be trimmed by the Contractor. Branches overhanging traffic lanes shall be kept side trimmed to face of curb line and to a height of 14 feet. Branches overhanging pedestrian routes shall be kept trimmed to a height of 8 feet above walkway level. All pruning work by the Contractor must comply with the latest ANSI Standards.
Any tree stakes, tree ties, and/or guy wires needing replacement shall be replaced with new materials at the expense of the Contractor. Nursery stakes are not an acceptable form of staking. If a tree does Item #22. Page 6
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program not currently have a tree well, the contractor shall cut one out. Mulch shall be placed at a 16” diameter around the base of the tree to eliminate contact with string trimmer. This 16” area shall be maintained free of grass and weeds.
All trees shall be pruned by qualified personnel using horticulturally sound methods with ANSI Standards. Trees shall be pruned to develop a structurally sound shape and a healthy, natural appearance. No excessive pruning or stubbing back will be allowed. Sucker growth originating at the trunk or root zone shall be removed.
Trees knocked down by vehicular accidents or trees and large limbs blown down and blocking traffic lanes shall be immediately reported to the City, which shall have responsibility for cleanup of such trees and large limbs.
Anytime personal property of a motorist or pedestrian is damaged due to falling trees or limbs, the Contractor shall notify the City Police Department immediately as well as the City Designee. Any small branches which fall or are blown from median plantings, causing no damage, shall be removed and disposed of by the Contractor.
When trees are newly planted, the preferred method of irrigating is using a spiral of drip line emitters.
As the tree grows, the contractor shall open the spiral to the dripline to encourage roots to grow outward.
The spiral shall be staked in place and covered with mulch.
LEAF LITTER/BARK MULCH
Leaf litter shall be mulched with a mower throughout the year. Large concentrations of leaves may require pickup at the City’s discretion. Rakes are preferred for leaf litter removal over blowers. Leaf litter shall not be allowed to accumulate to the point that it will damage or kill turf.
Leaf litter that is removed from turf shall either be chopped and used on-site or transported to a plant debris recycling facility. Leaf litter on mulched sites such as the medians, shall be blown in a pile and picked up.
Bark mulch shall be replenished at a minimum depth of 4”, and a minimum of once a year at all sites where it currently exists, and more if needed. Mulch shall be supplied by the City.
Sites with rubber mulch (Grand Ave Medians etc.) shall continue to be refilled with rubber mulch which will be provided by the City.
IRRIGATION
Irrigation shall be accomplished using automatic or manual irrigations systems at the majority of the sites. Contractor shall be responsible for monitoring irrigation system malfunctions or leaks and repair shall be made immediately if possible and at best, within one week. If the repairs are not made immediately, the irrigation is to be turned off until the repairs are made so that water is not continually lost. If the Contractor fails to repair irrigation leaks reported or otherwise after one week, the contractor will pay $25.00 dollars per day, per site until the repairs are complete.
Due to water restrictions, automatic controllers shall be programmed for watering between the hours of
10.00pm and 6:00am only. During the summer months watering may occur up to three times per week. All other times, the City waters approximately 1–2-day days per week, depending on the type of irrigation and plant material. Automatic controller programs shall be adjusted to compensate for changes in the weather and site conditions. If the weather prediction is at 70% of chance of rain, Contractor shall turn the system off. Excessive run-off of water must be avoided. Water shall not be allowed to pond or create a water-logged soil condition. Wasting of water or use of City furnished water for means other than those directly related to maintenance of this project shall be prohibited.
Item #22. Page 7
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program Precautions shall be taken to prevent water from wetting pedestrians, vehicles and pavement. Any soil washed onto pavement shall be cleaned up and any eroded areas shall be filled in at the Contractor’s expense.
MANUAL WATERING
If the irrigation goes down for any reason, the Contractor is responsible to manually water the site until the irrigation restores the system.
IRRIGATION SYSTEM MAINTENANCE
Most of the City’s irrigation systems are maintained using the Rain Bird IQ System.
Finkbiner Park and Louie Pompei Memorial Sports Park are maintained using the Rain Bird Maxicom System. There are a number of battery-operated clocks as well as one solar clock that are not a remote system. The Contractor will work directly with the City to establish clear guidelines as it relates to these weather-based systems. The controllers at each site shall be inspected by the Contractor monthly. The Contractor shall coordinate with the City to ensure that the irrigation systems are properly set to avoid over-watering, especially days prior to scheduled mowing. It is the Contractor’s responsibility to ensure that the system is operating correctly and that there is adequate coverage. All irrigation mechanisms shall be kept cleaned to ensure that the irrigation heads are not being blocked and the irrigation heads are adjusted to maximize coverage and minimize overspray and watering onto the roadway or pedestrian pathways.
All electric valves shall be kept flushed clean of sediment and debris and shall be maintained in proper working order. Valves shall be kept well-adjusted to ensure efficient operation of the irrigation system.
The Contractor shall also keep the controllers/boxes clean and free of insects and dust and shall make any and all necessary repairs or replacements. The Contractors responsibility begins after the backflow device and includes, flow sensors, master valves etc.
Drip system filters shall be cleaned at least every three months.
Any and all irrigation parts such as sprinkler heads, emitters, valves etc., that are repaired/replaced must be consistent with what is currently in place. When making repairs to sprinkler heads and drip emitters, they must be the same at each section to ensure that we get the most accurate flow readings.
The Contractor shall be responsible for general maintenance of the irrigation system including inspection, maintenance and repairs, piping, wiring, spray heads, drip irrigation, electric valves, and automatic controllers. All irrigation parts and materials which are damaged or broken must be fixed by the Contractor and shall be reported to the City monthly. The Contractor is responsible for any damage caused by the Contractor or any unknown entities. If the City makes any irrigation repairs due to lack of timeliness on the part of the Contractor, the cost including parts and labor shall be charged against the Contractor’s monthly account.
No modifications may be made to the existing automatic irrigation system without express written approval of the City (designee). Approved changes shall be noted by the Contractor on a copy of the Irrigation plan and submitted to the City within five (5) working days of the completion of the work.
In the event of a drought condition, the City shall have the authority to modify the watering requirements described in these specifications. The City shall notify and meet with the Contractor to discuss any possible impacts the modified watering schedule may have on the Contractor’s obligation to provide excellent services.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
PLANT LOSS
It is one of the Contractor’s prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in watering do to broken irrigation.
Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action.
Contractor agrees to replace, at the Contractor’s cost, any dead, stunted, or damaged plantings that are the result primarily of the Contractor’s negligence. Plants lost from Contractor’s negligence shall be replaced, at the Contractor’s expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a twenty-four (24) inch box, or if smaller, the size shall be approved by the City.
The Contractor shall not be held responsible for plant losses due to maladies beyond the Contractor’s control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms and related events. Contractor shall report all such conditions to the City in writing within seventy-two (72) hours of occurrence and submit a proposal for the work or repairs along with the costs. The Contractor shall obtain City’s written permission/direction or authorization prior to proceeding with the work. Failure to notify the City within 72 hours of occurrence will result in replacement at the Contractor’s cost as if the cause was Contractor negligence.
The City shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the Contractor as a substitute for proper care. The City will consider Contractor negligence a major breach of contract with full responsibility for costs and losses.
Dead plants and those in a state of decline shall be brought to the City’s attention immediately.
All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship. Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance Contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor’s negligence. All replacement plants and materials shall be inspected and approved by City prior to installation.
WEED CONTROL
All areas within the work sites are to be always kept free of weeds and volunteer tree growth. This includes but is not limited to, all bare dirt areas and any weed growth within ground cover, shrub plantings and cobblestone/hardscape areas in all the contractor management zones. Pedestrian walkways, medians and other hardscape areas are to be always kept weed-free; this includes the area that extends two feet from face of curb into the street area. Volunteer tree growth shall be removed by the Contractor as part of this contract paying attention to removal to include root system, rather than flush cut. If the plant is too large, herbicides can be used to ensure complete removal Weed control shall be practiced in all turf areas; weed control in the turf areas is only to be done using properly registered pesticides for turf grass. The level of weed control shall be at least adequate to eliminate all weeds. Any weeds which are removed by hand shall be removed in a manner which leaves the ground surface level and saves the existing turf in place.
Weeds shall be removed from against fences, trees, and other obstructions. If the City determines that mowing practices or the condition of the weeds does not provide adequate mulching, the Contractor is to remove the mulched weeds. The removed weeds shall be disposed of properly.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program The Contractor shall comply with all rules, regulations, and license requirements of the California Department of Pesticide Regulation, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of work on the Contract.
SPRAYING
The Contractor shall perform spraying on City properties to prevent weed growth. Spraying shall consist of (1) use of a pre-emergent herbicide to prevent weed growth during the growing season following application, and (2) use of a systematic herbicide to kill re-growth and/or summer weeds. Soil sterilants may not be used unless directed by the City.
It shall be the Contractor’s responsibility to apply herbicides as necessary to keep all properties appropriately free of weeds throughout the year. Weeds shall not exceed a maximum two (2) inches in height at any time throughout the year. It is the Contractor’s responsibility to eliminate all weeds regardless of what type they are.
It shall be the Contractor’s responsibility to determine the most appropriate times of the year to apply herbicides, fungicides, and pre-emergents. The Contractor must notify the City prior to any application of any registered pesticide a minimum of one week prior to the pesticide treatment.
It shall be the Contractor’s responsibility to independently monitor all contract areas and perform touchup spraying as needed anytime weed growth occurs. Monitoring shall at a minimum include a weekly physical inspection of all sprayed areas.
The Contractor shall use the necessary equipment to accomplish the work in a satisfactory manner.
The Contractor shall arrange operations so that the herbicides will not be distributed beyond the limit of property sprayed. The Contractor shall apply the herbicides using nozzles and pressure necessary for a proper application. The Contractor shall supply water for the chemical mix.
The materials used by the Contractor must be of such composition and of sufficient strength to kill weeds but may not sterilize the soil for a period in excess of one year following application. The chemicals used shall not be toxic or harmful in any manner to animals or human beings when used in the prescribed manner. The materials used shall not harm desirable vegetation such as trees or turf.
The materials used shall not be flammable or leave an oily residue that will discolor or leave a slippery film on sidewalks and curbs. The City may at any time during the spraying operation take samples to check materials being used. Upon request, the Contractor shall provide the City with information regarding chemicals applied to specified locations.
In addition, the Contractor shall upon request provide the City with specimen labels of chemicals applied. In the event the treatment is not effective, the contractor will be required to remove all growth from the area within the limits of the spray application.
FERTILIZERS –SHRUBS & PLANTS
Fertilizers shall be applied one time per year, and in most cases only as needed. The final decision will be made by the City Representative. All fertilizer applications are to conform to the California Food and Agricultural Code. Commercial fertilizers shall be complete fertilizers furnishing the required percentages of nitrogen, phosphoric acid, potassium, and other necessary micronutrients as needed to keep plants, and shrubs in a healthy and vigorous growing condition.
PEST MANAGEMENT
All landscaped areas shall be maintained free of disease and harmful insects/pest without compensation beyond the base bid. The City of Glendora seeks to control pests without harming nontarget organisms, or negatively affecting air and water quality and public health. The Contractor shall Item #22. Page 10
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program give preference to reasonably available non-pesticide alternatives when conducting pest management activities on City property and public rights-of-way. Chemical controls should only be applied when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels.
When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control is applied. Pesticides should not be applied on a prescheduled basis. The Contractor may employ Integrated Pest Management (IPM) practices when controlling pests. IPM uses cultural, mechanical, physical, and biological control methods before using pesticides.
All shrubs shall be kept free of spiderwebs at all times.
TRASH, LEAVES AND DEBRIS – COLLECTION AND DISPOSAL
1. Trash, leaves and debris from landscape maintenance operations, blown by the wind or deposited by persons or animals shall be collected a minimum of once per week but more often if needed.
2. Paper, trash, cans, bottles, and animal waste etc., shall not be dumped on site in trash dumpsters, but shall be disposed of offsite in a legal manner at Contractor's expense.
3. Leaves, grass clippings, branches, weeds, and all other landscape debris accumulated from the landscape maintenance operations shall be collected and properly disposed of the same day it is accumulated.
4. Green waste requirements of the State of California and the City of Glendora apply to this contract.
5. The City will provide a site for the contractor to store an Athens bin at their expense. The contractor will be responsible to get rid of their waste. All excess material shall become the property of the Contractor to be legally disposed of as the Contractor sees fit. The City will not reimburse the contractor for any fees incurred.
TRASH ENCLOSURES
All trash enclosures shall be cleaned on a weekly basis. Containers shall be pulled out and the areas swept clean or blown with backpack blower to ensure cleanliness. Contractor shall pressure wash if extensive soiling conditions exist.
PARKING LOTS - SWEEPING
Parking lots are to be kept free of debris, weeds and litter in order to maintain a neat and clean appearance. The Contractor shall clean parking lots at least once a week, but more often if necessary. All parking lots including the Village on Glendora Ave. are to be swept by 7:00am, using a street sweeper/truck. Blowers are not to be used for parking lots.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
HARDSCAPE AND COURTS
1. Hardscape includes sidewalks, stairs, asphalt, pathways, basketball courts, tennis courts, the skate park etc.
2. All hardscape areas will be swept and inspected for hazards or deficiencies weekly. All grass clippings and other debris from maintenance tasks will be removed the same day they occur. All hardscape areas will be kept free of weeds.
3. All Decomposed Granite (DG) paths will be raked and leveled weekly and watered and tamped firm as needed. DG will be imported as needed throughout the year based upon park inspections. All imported DG will be leveled, watered in and tamped firm until capacity is reached. DG will be provided by the city.
4. Basketball, volleyball, and tennis nets shall be replaced by the contractor as need. Materials shall be supplied by the City.
VOLLEYBALL COURTS
The sand of the courts shall be rototilled on a bi-annual basis. If there are holes that were created at any given time, contractor shall level out at the next maintenance visit. Nets shall be replaced by contractor as needed. Materials shall be supplied by the City
PLAYGROUNDS AND PICNIC AREAS
1. Pour in place (PIP) surfacing shall be cleaned of any loose debris on a weekly basis. On a quarterly basis, porous surfaces shall be vacuumed to clear the permeable openings.
2. Playground surfacing in every playground will be raked and screened weekly as soon as possible prior to completing park policing.
3. Playground surfacing will be pulled into all low areas near swings, slides, etc. and leveled weekly.
4. Playground surfacing and other debris on all hardscape and protective surfaces will be swept up and removed.
5. Contractor will visually inspect all playground equipment weekly for any vandalism or other obvious damage and will repair or secure the area and immediately report the situation to the city.
6. The City shall contact manufacturer for warranty and/or will supply the parts needed for contractor to make repairs. Contractor shall secure the area and will check regularly to ensure efforts to secure are intact.
7. No pesticides will be used in any playground. Playgrounds will be kept free of weeds and other pests by mechanical methods only.
8. Playgrounds shall be inspected monthly using the City’s playground inspection template or the contractor’s template upon approval.
SITE SPECIFICATIONS
Finkbiner Park
Pine needles shall be blown off the roof of the Legion building and gutters are to be cleaned on a quarterly basis and additionally following wind events and/or prior to rainy season.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program The Bandshell area and Picnic Sites with hardscape shall be pressure washed monthly.
Bandshell area turf shall be renovated once per year in April or May per the guidelines in this document under Turf Renovation. Fencing shall be provided by contractor to ensure the area is isolated from pedestrian traffic.
Centennial Heritage Park
The entire site shall be kept weed free, from the gate on the west at the end of Mauna Loa Ave. to the end of the Citrus grove on the east.
South Hills Dog Park
On a weekly basis, the areas shall be monitored for feces and removed immediately. Any feces, toys or balls left behind shall be removed and discarded. The walking paths shall be monitored for holes and tripping hazards. Holes shall be filled with DG immediately. Walking paths shall be free of mulch or other debris.
The dog areas shall be renovated twice a year during the entire months of April and November. The areas shall be closed to the public to allow the turf cultural practices to take place. Timeline of events and items to be addressed shall be coordinated with the Contractor and the city designee. The turf shall be renovated per the guidelines in this document under Turf Renovation. The small dog area shall be overseeded and the sod shall be replaced in the entire large dog area. If it is determined that sod is needed in barren areas within the small dog area, contractor shall provide labor. City shall provide the materials for the renovation which include sod and seed only.
The artificial turf shall be pressure washed to remove any DG build up and to disinfect from urine smells, etc. during the renovation period. If infill is needed, organic types shall be used and provided by contractor. Dog silhouettes on the fence, shade structure, and all benches shall also be pressure washed to ensure cleanliness. All DG and rock dust pathways shall be refreshed with water, stabilizer and compaction.
Louie Pompei Sports Park
All hardscape within the park shall be swept clean or blown using a backpack blower on a weekly basis, including the plaza, dug outs, stadium seating and stairways. On a quarterly basis, hardscapes will be pressure washed, paying special attention to the BBQ area and stadium seating areas of all fields.
Field #3 consists of artificial turf with rubber infill. The contractor shall maintain the field on a bi-weekly basis. Care for the synthetic turf requires use of a static brush for general infill leveling and to stand up grass fibers. A mechanical sweeper or other specialty synthetic turf cleaning equipment should be used to remove surface debris. Metal, wire bristles and 6- wheel vehicles are prohibited from being used. The vehicle speed should be low and sharp turns must be avoided. High-wear areas will require additional attention. The surface should be brushed in several alternating directions in consecutive activities, but generally in the direction of the individual panels to avoid crossing over main stems. The optimum brush height depends on the model and type of equipment. The brush must not be set so low that it digs into the turf pile or backing thus damaging the turf. It is most effective to brush the surface when it is dry. Infill material will be replenished by contractor on an annual basis but more often if needed. The City shall supply the materials.
Sandburg Park and Manooshian Park
Areas of maintenance are indicated on the included site plans for these two parks. Irrigation is not included as part of the maintenance. The School District maintains all irrigation and controllers.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program Track Maintenance
1. Tracks will be maintained to the satisfaction of the city designee.
2. Drain holes will be clear to allow for proper drainage.
3. Depressions caused by vehicles, bicycles, or foot traffic are to be filled and leveled. The city will provide the track surface material.
4. Track shall be leveled with a slight slope to allow drainage.
5. The track shall be cleared of weeds and litter once each week.
6. Track shall be leveled and dragged on the first Monday of each month.
Turf/Plants/Shrubs and Groundcover
These are to be maintained in accordance with the maintenance outlined in this scope of work.
Banks
1. Banks to be controlled are indicated on Site Plans for Sandburg Park and Manooshian Park.
2. Banks are to be weed free and clear of trash and debris.
3. The Contractor is to notify the school district and the City designee at least one week in advance of any spraying at these two sites.
4. The contractor shall be responsible for the trees and shrubs on the banks following the guidelines in the Maintenance of Trees and Shrubs section in this scope of work.
Drainage Sumps
1. The catch basins around the track areas shall be clear of debris to allow for free flow of water.
2. Drainage holes in the track shall be clear of debris to allow proper drainage.
3. Catch basin grates shall be clear of debris to allow proper drainage. Catch basins shall be flushed out once a year. There are 4 on the grass field and 4 on the outside of the track.
Par Course/Sand Box Areas
1. Par course areas shall be cleared of debris and weeds once a week.
2. Contractor shall inform the City within 24 hours if there is any damage caused to the par course equipment areas.
3. The contractor shall replace at their own expense damaged par course equipment caused by Contractor’s negligence.
4. Decomposed granite shall be raked evenly once each month.
Manooshian Park, Finkbiner Park and Crowther Teen Center Tennis Courts
All tennis courts shall be blown free of dust and debris weekly and kept weed-free at all times.
The tennis courts shall be power washed bi-annually and all work is to be completed by 8:00 am. Excess water is to be pushed onto nearby landscaped areas or sucked up. There is to Item #22. Page 14
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program be no standing water left on the courts. The city designee shall be notified a minimum of two weeks in advance so that signage can be posted.
Bonnie Cove Trailheads Parking Area
Trash and weeds shall be controlled in the manner outlined in this document. Specific plant material to be controlled in this area include mustard varieties. There is no irrigation, therefore the plants and trees must be watered manually in the manner outlined in this document; mulch application specifications also apply.
Big Tree Park
This tree’s buttress roots collect water after each rain event. Contractor shall remove this water immediately to avoid harboring insects and disease. Sponges shall be used to remove excess water.
RAIN & WIND EVENTS
During rain events, mowing and all activities that would adversely impact soil conditions should be postponed. The contractor shall be responsible for identifying any hazards and ensuring those hazards are mitigated within the scope of work. Standing water that collects and does not easily run off shall be pumped out.
A minimum of two, three-man crews shall remain in the City to patrol all sites and provide clean-up, remove downed limbs, clear drains etc.
TRAFFIC CONTROL
Contractor shall:
1. Perform all work, as required, according to most current Work Area Traffic Control Handbook (WATCH) manual.
2. Maintain clear ingress and egress areas including, but not limited to, sidewalks, vehicle travel lanes, driveways, etc. at all times unless the immediate work prohibits such clearance.
3. Not close or delineate traffic lanes between the hours of 7:00 a.m. and 7:00 p.m. without prior CDR authorization.
DAMAGE CONTROL
Contractor shall:
1. Protect materials, products, facilities, utilities, and the like against damage at all times during work performance.
2. Make repairs, at Contractor’s sole expense, for Contractor-attributed damages within 24- hurs of the damage occurrence, except utility lines, which shall be repaired the same working day. Contractor’s failure to make repairs with time allowance may cause the city to make the repairs and back-charge the Contractor, or deduct from invoices due, the repair costs, plus an administrative charge of 15%.
3. Verify and locate any underground systems (i.e., utility lines) and take all reasonable precautions when working in the designated work areas.
4. Contact underground alert at least two (2) working days prior to digging for line locations.
Report any damage or problems immediately to the CDR. If Contractor discovers something unexpected, or a unique problem occurs, work must stop and immediately contact the city designee.
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5. Do no perform any work upon private property without the consent of the property owner and the CDR.
6. When damage does occur, make repairs in accordance with the appropriate building codes and permits.
RIGHT OF WAY (ROW) WEED ABATEMENT
Contractor is responsible for weed abatement of the main thoroughfares as well as various other streets. Maintenance typically includes the sidewalk out to the curb and gutter and ends where the gutter meets the asphalt. All areas are to be abated a minimum of four times per year, with some areas requiring more attention.
1. The ROW which includes the tree wells shall be free of weeds, leaves and debris.
2. Trash and illegal postings are to be removed from trees, lights post etc.
3. Weeding is to be done along fence lines, parkways, and tree wells.
4. Suckers and tree sprouts are to be removed from the trees.
5. Storm drains are to be cleared out making them free of any debris.
6. The city does not plant grass or any plant material in the parkways therefore, these things do not need to be maintained. Anything impeding foot traffic along the sidewalk shall be cut back to allow for a free path of travel.
WEED ABATEMENT + BRUSH CLEARING
The City’s goal is 100% clearance. All sites outline in this section shall be completely cleared of brush, weeds, debris etc. However, in cases where it is not feasible to clear the entire parcel, due to lack of accessibility, the below criteria may be used.
The Contractor shall complete clearance of all sites two times per year (April and September).
The maintenance plan may include various methods such as mechanical, chemical, livestock etc.
1.01 All Trim any grass, groundcover and herbaceous weeds to no higher than three (3) inches above the ground.
1.02 All flammable fuels shall be removed in accordance with the direction given by the Los Angeles County Fire Department. CONTRACTOR shall be responsible for the removal of any dry ground cover and shrubbery.
1.03 All flammable vegetation identified as a fire hazard shall be mowed or cut to a stubble height of three (3) inches, for thirty (30) feet around any structure or fifty (50) feet from high hazard areas (County of Los Angeles Fire Code 325.2.1(2), 325.2.2).
1.04 Thin remaining vegetation for the next one hundred seventy (170) feet, for a total of two hundred (200) feet, around any structure by clearing, trimming, thinning, pruning lower branches, and removing flammable vegetation. For high hazard areas, this distance can be increased to a maximum of 200 feet (County of Los Angeles Fire Code 325.2.1(2), 325.2.2).
1.05 Dry weeds, brush, and vegetation within two hundred (200) feet from a home or other structure and ten (10) feet from a road shall be pruned to maintain size and minimize potential fuel that may add to brush fires
1.06. Specimen native trees, and shrubs, are permissible, provided that they do not form a means of transmitting fire to any structure (County of Los Angeles Fire Code 325.2.1(2). All specimens shall be placed a minimum of fifteen (15) feet or three (3) times their diameter from other specimens, structures, or surrounding native brush.
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1.07 Access roads shall be maintained with a minimum of ten (10) feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance to the sky. Trees overhanging fire access roads shall be maintained to provide adequate vertical clearance (County of Los Angeles Fire Code 325.10, 503.1.1, through 503.6).
1.08 It is required that all trees and shrubs shall be maintained free of dead wood and litter.
Shrubs must be trimmed up from the ground one third of their height. Trees shall be trimmed up a minimum of six (6) feet or one third their height up to forty (40) feet.
1.10 Care shall be taken when trimming trees during the nesting season of native bird species.
Upon discovery of a bird nest, contact the CITY designee for direction.
1.11 Proper fire suppression devices shall always be required on site by each crew working on this project.
1.12 All clippings must be hauled away at the end of each day or completion of the parcel.
1.13 CONTRACTOR shall fully comply with weed abatement standards as determined by the Los Angeles County Department of Agricultural Commissioner/Weights and Measures.
LIVESTOCK MANAGEMENT
Livestock will be limited to sheep and goats depending on the targeted vegetation. Livestock will be managed in accordance with CITY OF GLENDORA’s targeted grazing objectives.
2.01 Livestock Numbers: It is expected that livestock numbers within the grazing period, and on an identified grazing property, will approximate between 50 and 200 animals depending on Grazing Property size, forage availability and targeted grazing objective. Livestock numbers and species or sheep/goat combinations may need to be adjusted by the Contractor and as agreed to by CITY OF GLENDORA based upon available forage and as needed to meet the grazing objectives as identified.
2.02 Saturated Soil Conditions – Levee Infrastructure: Grazing shall not be performed when soils are saturated, often following precipitation events where rainfall exceeds 0.5 inches over a 3-day period. Following a saturating rainfall event, the contractor, in consultation with the Agency, shall take reasonable measures to ensure any levee, seepage berm or maintenance access road is not unduly damaged by livestock by temporarily reducing the size of the herd, and moving, or containing the herd to a prescribed, less sensitive location.
2.03 Livestock Health: All livestock utilized will be up to date on their vaccinations.
2.04. New Noxious Weeds: The Contractor, to the extent feasible, shall mitigate the possibility of introducing new noxious weeds onto any designated Grazing Property.
2.05 Livestock Death: If any animal dies during the grazing season, it shall be disposed of offsite at a proper disposal facility within 2 hours or less.
2.06 Livestock Movement: If livestock are requested to be removed from or confined within the designated Grazing Property (e.g., in the case of a soil saturating precipitation event), the requirement will be accomplished within a two (2)-day period. If the Contractor is nonresponsive to the Agency’s request, damages will be assessed and borne solely by the contractor and the contract may be canceled with no refund of fees to the Contractor. Movement of livestock shall be by the most efficient means available. No livestock shall be allowed or moved by foot on any public road or adjacent private property.
2.07 Public and Private Property: The contractor shall respect public and private property boundaries at all times.
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2.08 Livestock Trespass: The contractor will be expected to observe and manage all livestock daily, or as appropriate, and remove or return trespass livestock as needed. All livestock are deemed trespass if Contractor’s livestock are outside of designated Grazing Property or if other livestock are inside of the Grazing Property. The Lessee must respond to any request to move trespass livestock within 2 hours.
2.09 Fences and Gate: The Contractor shall use temporary electric fence to control livestock on and within designated Grazing Properties. The Contractor shall be responsible for maintenance and repair of all electric fences, gates, or other improvements within any designated Grazing Property. The Contractor will also be responsible for maintenance and repair of existing fences, gates or other improvements within any designated Grazing Property, prior to throughout the grazing period. All fences and boundary fences must be maintained to a level that will ensure livestock are confined to allowable areas prior to release of livestock and during period of use.
The Contractor shall use electric fence or other means to exclude livestock from portions of the property, including sensitive habitats such as wetlands, stream channels and banks.
2.10 Livestock Watering: The Contractor shall be responsible for watering and providing watering infrastructure necessary for livestock operations within designated Grazing Properties.
CITY OF GLENDORA will identify potential known water sources where present but is not responsible for ensuring water sources or availability.
2.11 Livestock Services Inspection: The Agency shall provide overall contract oversight, review and evaluation of this agreement and the Contractors performance. The Contractor shall provide appropriate livestock (sheep/goats) and will follow the prescriptions of the Exhibits and any other mutual agreements to provide services or supplies that may become necessary. Livestock numbers may need adjustment by the Contractor based upon available forage and as needed to meet the grazing objectives of the designated Grazing Property.
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
CITY OF GLENDORA LANDSCAPE MAINTENANCE STANDARDS
The following standards are as “Meets Standards”.
CITY OF GLENDORA LANDSCAPE MAINTENANCE STANDARDS
The following standards are referenced from the City of Glendora Landscape Maintenance Standards and rated as “Meets Standards”.
Section 1 Weekly Maintenance
1.1 All sites are to be maintained weekly unless otherwise discussed and agreed upon by the City in advance.
Section 2 Turf Maintenance
2.1 General Use Standard
2.1.1 All turf areas will be mowed on a weekly basis.
2.1.2 Turf will be healthy with an even surface and uniform, deep green color.
2.1.3 Turf will not exhibit bare spots.
2.1.4 Turf will be pest-free.
2.1.5 Shall be maintained in accordance with Turf Maintenance Section 2.2, Irrigation
2.2 Turf Care
2.2.1 Mowing
2.2.1.1Height of cut (in inches) for high-traffic grasses.
Turf Type Spring Height Summer Height
Perennial Rye 2.0” 2.5”
Tall Fescue 2.0” 3.0”
Bermuda 1.0” 1.5”
St. Augustine 2.0” 2.5”
Kikuyu grass 1.5” 2.5”
* If over seeded with perennial rye, keep at 2 inches.
2.2.2 Edging
2.2.2.1Complete site edging of, curbs, planter beds, sprinklers, valve boxes, meter boxes, etc., shall be performed to ensure the site looks groomed and complete.
2.2.3 Verticut
2.2.3.1To relieve thatch, turf is to be verticut/aerated in September/October before it is over seeded.
2.2.4 Weeds
2.2.4.1Turf shall be weed free at all times.
2.2.4.2 Cobblestone/hardscape shall be weed free at all times.
2.2.5 Reseeding or Sod Replacement
2.2.5.1Reseeding/over seeding or sod replacement shall be done at all turf sites in September/October and on an as needed basis to meet standards.
2.2.6 Fertilizer
2.2.6.1Apply at a minimum, four times per year to maintain standard.
2.2.6.2All applications to be balanced fertilizer with nitrogen, phosphorous, and potassium (NPK) based on site-specific soil analysis. Micronutrient applications may be applicable.
2.2.6.3Separate applications for trees, shrubs and flowers as needed to maintain standard.
Section 3 Irrigation
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3.1 General
3.1.1 Shall be checked every week at each site to meet standard and not waste water.
3.1.2 All systems will comply with State and local laws regarding backflow prevention and protection of the public water system.
3.1.3 All controllers that are on the central system shall be used to their fullest programming capability.
3.1.4 Irrigation system monitored locally or by Rain Bird IQ Central Control Platform.
3.1.5 Irrigation preventative maintenance system checks shall be done as needed; all zones will be checked for operation, and repairs made immediately.
3.1.6 General inspections of turf and plant materials shall be done routinely for signs of stress or damage.
3.2 Delivery
3.2.1 Irrigation systems will deliver optimum water to each plant type at the lowest cost with maximum resource conservation.
3.2.2 Water will be delivered during non-use hours.
3.2.3 Each station shall be adjusted to meet the needs of the specific site unless authorized by the City, as well as, adjusted due to weather conditions.
Section 4 Disease and Pest Control
4.1 Turf, trees and landscaping shall be disease and pest free. Any signs of stress or damage to trees, turf or planting materials and/or a direct bother to the public or its safety, shall be corrected by utilizing one of the three (3) steps indicated:
Preventative ~ a scheduled chemical or cultural program designed to prevent significant damage.
Corrective ~ application of chemical or mechanical controls designed to eliminate observed problems.
Integrated Pest Management ~ withholding any controls until such time as pests demonstrate damage to plant materials, or become a demonstrated irritant or safety concern to the public, such as in the case of wasps, ants, gophers, etc.
Section 5 Beds, Hedges, and Ground Cover
5.1 General Standard
5.1.1 Fertilization, irrigation and cultivation (when applicable) shall be adjusted to serve the requirements of the plant species.
5.1.2 Shall be healthy, attractive plants that lend variety and interest to the landscape.
5.1.3 Bark mulch shall be placed around plants and maintained at a minimum once a year and on an as needed bases.
5.1.4 Beds, ground cover, and hedges shall be maintained to provide secondary functions such as barriers, animal habitat, or dust and erosion control.
5.1.5 Irrigation timers shall be coordinated with scheduled use, and maintained in compliance with Irrigation standards in Section 3.
5.1.6 Removal and Replacement
5.1.6.1 All failed or damaged plant materials shall be removed and replaced within thirty (30) days of notice, unless determined by the City to delay replacement. The replacement plant shall be the same size and species as the damaged or failed plant, if possible. The City shall approve replacement of plant materials not meeting these specifications.
5.1.7 Litter and Debris Removal
5.1.7.1All plant beds shall be maintained free of trash and debris at all times.
5.1.8 Weed Control
5.1.8.1 Plant beds shall be free of weeds and shall be weeded as needed to meet standard.
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5.1.9 Trimming
5.1.9.1 All shrubs shall be pruned as needed to meet the intent of the landscape design.
Ground cover shall be edged as needed to keep plant growth from extending beyond curbs, sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk.
5.2 Flower Beds
5.2.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 5.
5.2.2 Show no blank spots during season without authorization from the City.
5.2.3 Maintained in compliance with Section 4 related to Disease and Pest Control.
5.2.4 Dead heads, blank spots, and other defects shall not detract from decorative nature of the plantings.
5.2.5 Plantings shall be rotated as needed, to continue color and interest. Minimally, on a seasonal schedule in areas of high use or high visibility and semi-annually in low use, low visibility areas.
5.2.6 Irrigation timers shall be coordinated with scheduled use and maintained in compliance with Irrigation standards in Section 3.
5.3 Shrub Beds, Hedges, and Ground Cover
5.3.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 7.
5.3.2 Maintained in compliance with Section 4 related to Disease and Pest Control.
5.3.3 Shall be free of invasive shrub and tree species.
5.3.4 Irrigation timers shall be coordinated with scheduled use and maintained in compliance with Irrigation standards in Section 3.
Section 6 Trees
6.1 General Standards
6.1.1 Shall provide shade, wind breaks, sound attenuation, and otherwise enhance the park setting.
6.1.2 Maintained in compliance with Section 4 related to Disease and Pest Control, and Section 3 related to Irrigation standards.
6.1.3 Trees shall conform to the general shape and height of the species: significantly deformed specimens shall be removed.
6.1.4 Weed Control
6.1.4.1 Mechanical grass trimming around trees shall be accomplished in a way that will not scar the trunk in any way. No chemical removal of turf and weeds is permissible under drip line.
6.1.5 Mulching
6.1.5.1 Bark mulch shall be placed around tree and maintained on an as needed basis.
6.1.5.2 Well defined radius around the tree, free of weeds and turf – minimum three (3) foot radius, maintaining one to two (1-2) inch clearance from the perimeter of the trunk.
6.1.5.3 Mulch shall be replaced as needed at Laxford
6.1.5.4 Wood mulch shall be replaced as needed at the Glendora & Foothill and Glendora & Bennett Planters.
6.1.6 Trimming
6.1.6.1 Tree limbs shall be at a safe height for the uses anticipated in the vicinity.
6.1.6.2 Trees shall not exhibit broken or cracked limbs or other structural damage, and all suckers shall be removed.
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6.1.8 Staking
6.1.8.1 Young trees should be properly staked to assist in support until roots are firmly established, especially in wind prone areas. Once firmly established, stakes shall be removed with no protrusion above ground. Trees must be straight.
6.1.8.2 Ties on the stakes shall be checked periodically to ensure they are adjusted properly.
6.1.8.3 Tight or damaged ties or stakes shall be replaced or repaired.
End of Landscape Maintenance Standards
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
PERFORMANCE STANDARDS
The contract specifications define the minimum level of service and frequency deemed acceptable. It is intended that the Contractor will schedule his/her operations to meet or exceed these requirements. It is further intended that the Contractor shall put forth a level of effort to provide a thorough maintenance.
1. It is the objective of the City to obtain full maintenance performance in accordance with the terms of the specifications and at the quality standards of work set forth in this proposal. To this end, the City is contracting for the complete performance of each task as specified in this proposal.
Therefore, deductions (Liquidated Damages) for tasks not completed or not satisfactorily completed shall be made in accordance with the schedule detailed herein.
2. The City designee shall contact the Contractor by telephone or email to notify them of performance issues. The Project Manager shall also notify the Contractor of written complaint(s) received from building occupants.
3. The Project Manager or designee shall maintain a file of incoming complaints whether they be written, oral, or by telephone. This file shall contain the date, time, building, name of the person making the complaint, phone number and time the Contractor was notified, or a copy of the notification letter and fax record.
4. Major problems requiring immediate attention and shall be responded to and corrected within two (2) hours. Examples of major problems include, sprinklers running outside of the schedule times.
Broken irrigation causing water loss. The City designee shall have authority to classify a complaint as major or minor.
5. Proof of performance and adherence to specifications shall be upon the Contractor. Support such as test results, technical data, or other pertinent information shall be supplied by the Contractor at no cost to the City. The City shall be the sole judge as to the adequacy of supporting documentation.
6. Failure to complete maintenance of an entire site shall result in a separate deduction for nonperformance. In the event the contractor does not complete all of the required daily, weekly services as scheduled and outlined in the specifications, the Contractor will be required to make corrections of all discrepancies at a mutually agreed upon schedule. After three (3) occurrences of nonperformance within a 12-month period, the City, at its discretion, may begin default proceedings.
The Contractor, to handle an instance of nonperformance, shall send personnel to the missed site within two hours of notification of an event of nonperformance for immediate servicing of that location.
However, this shall not relieve the Contractor of being charged the deductions or this counting towards the three occurrences. If the Contractor does not respond in two hours, the City’s Facility Maintenance Supervisor may exercise the City’s right to terminate for default.
7. Failure of the Contractor to appear on any scheduled workday without the advance approval of the Facility Maintenance Supervisor, or his designee, shall result in the deduction of the total daily cost for that location.
DEFICIENT PERFORMANCE
City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the Project Manager to be defective or deficient in any of the requirements shall be remedied by the Item #22. Page 23
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program Contractor at Contractor’s expense and in a manner acceptable to the City of Glendora.
PAYMENT
Payment for all services shall be made based on the Monthly Cost Proposal bid price. Contractor shall submit an invoice for services rendered the prior month. Invoices shall be paid by the City within thirty days of receipt. Contractor shall not invoice the City for sites that were not maintained per the agreed upon times per month. Example: If a site is to be maintained on a weekly basis but no maintenance is done for one of the four weeks, the Contractor shall prorate the cost for that site and reflect that on the invoice.
SUPERVISORS
The Contractor shall provide qualified English-speaking supervisors in all areas of operations. The supervision shall work with City of Glendora personnel in planning and scheduling work for completion of tasks.
At least one working supervisor is required during all shifts. Supervisors shall be thoroughly familiar with the content of the contract specifications and intent of the complete agreement. Any violation by the Contractor’s personnel of these requirements, or others established by the City, shall result in the removal of the employee from this contract. Termination of this contract may result, at the discretion of the Project Manager, for repeated non-compliance of these requirements.
SCHEDULING AND COORDINATION
All work shall be scheduled ahead of time as agreed upon by the contractor and the City. A detailed work schedule shall be established within 15 working days after the start date of the contract, and shall show specific sites, type of maintenance and dates of service, to be in accordance with the frequencies and time frames specified herein. This work schedule shall be kept up to date at all times.
INSPECTIONS
The City designee will perform inspections of each area to ascertain compliance to the specifications.
Inspection reports will be communicated to the Contractor, listing any deficiencies found. • Quality Assurance – The City will evaluate the Contractor’s performance through weekly inspections.
• Performance Evaluation Meetings – The Contractor shall be required to meet monthly with the City designee to review any concerns.
COMMUNICATION WITH CITY
Contractor shall designate one person as the representative of Contractor authorized to act on its behalf with respect to this specified work. The City of Glendora, through a designated representative, shall make inspections on a weekly basis, or as often as necessary to ensure that complete and continuous maintenance is fulfilled. In addition, the City may obtain the services of an approved horticultural specialist to inspect plantings and make recommendations for improvements in the maintenance program. Contractor shall be required to attend monthly meetings with City staff to review Contractor’s performance and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the Contractor. These monthly meetings are not to substitute for Contractor’s responsibility to regularly inspect areas. The Contractor shall submit weekly inspection reports signed by the Contractor’s representative that shows that all areas have been inspected that week, which areas are out of conformance with these specifications and the Contractor’s plans for bringing the areas into specification compliance.
The Contractor shall submit a written report each month stating all contract work completed. The report shall show the work completed during each week contract work was accomplished and shall be submitted with and cover the same work as the Contractor's billing statement for the previous month's Item #22. Page 24
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QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program work. The report shall include documentation of irrigation checks and chemical applications. Failure to submit reports by the tenth (10th) of each month shall result in the Contractor forfeiting five hundred dollars from any amounts owed by the City.
HOW TO OBTAIN THIS RFP
1. Request for Proposal (RFP) information can be downloaded at www.questcdn.com using QuestCDN#8172837. Contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration, downloading this digital project information and vBid Online Bid submittal. To submit a vBid online bid (which is required for this project) you must do so through the QuestCDN Bid Management System located at www.questcdn.com or via the City of Glendora website at http://www.cityofglendora.org/businesses/rfp-opportunities .
You may register and download RFP documents electronically for free, however a fee of $15.00 will be required to submit your proposal
2. All addenda and notices related to this procurement will be posted by the City on QuestCDN.
In the event that this RFP is obtained through any means other than QuestCDN, the City will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.
3. For questions regarding the RFP documents or for project information, please contact City designee Andrea Miller at (626) 852-4871 or [email protected].
4. Each Proposal must conform and be responsive to all requirements set forth in the RFP.
Contractors will need to register with the provider of this service, Quest Construction Data Network.
MANDATORY PRE-PROPOSAL CONFERENCE
1. There is a mandatory RFP pre-proposal conference scheduled for Tuesday, April 19, 2022, at 10:00 am. The conference will include a review of the RFP, a question-and-answer period, an on-line tour of the sites and if needed we will walk some of the sites.
2. Meeting location: Bidwell Forum
2 nd Floor of the Library
140 Glendora Ave.
Glendora CA 91741
3. There will be a sign-in sheet at the conference and all attendees will be required to submit their name, company affiliation, and contact information. The City shall reject proposals(s) from any respondent that was not represented at the conference.
PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES
1. All questions/inquiries must be made through the contact listed on the cover sheet of this document, via QuestCDN. The City will provide a written response to all questions in the form of an Addendum. Questions answered on QuestCDN shall be considered addenda to the RFP. The last day to submit questions is April 29, 2022, at 5pm.
OBJECTIONS
1. Any objections as to the structure, content or distribution of this RFP must be submitted in writing to the Contact listed on the cover sheet of this document. Objections must be as specific as possible, and identify the RFP section number and title, as well as a description and rationale for the objection.
2. All objections, questions and inquiries must be received by the deadline stated on the cover Item #22. Page 25
Meeting Date: 6/28/2022 / Packet Page #: 708
City of Glendora Page 24 of 61
QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program sheet.
GENERAL REQUIREMENTS
You must respond to this RFP by the due date and time as set in the RFP. Each Proposal must conform and be responsive to all requirements set forth in the RFP to be considered. The City of Glendora has implemented online project bidding using the QuestCDN Construction Data Network. In order to be considered a qualified bidder, the online proposal must be completed and submitted, all addenda must be acknowledged and uploaded to the site through www.questcdn.com
You can contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration and downloading this digital project information. A fee of $15.00 will be required to submit your proposal
NO ORAL, FACSIMILE OR TELEPHONIC PROPOSALS/BIDS OR ALTERATIONS WILL BE CONSIDERED.
The City of Glendora reserves the right to reject any and all proposals, to waive any informalities in any proposal and select the one that best meets the City’s needs.
PROPOSAL ELEMENTS REQUIRED
1. FORMATTING
The Proposal must be in Times New Roman, Arial or some similar, easily readable font. The size of the font cannot be any smaller than 11 and margins should be 1 inch or wider.
2. COVERLETTER
Provide a cover letter with an introduction of the company and general overview demonstrating your knowledge, skills, and experience with similar projects.
3. GENERAL QUALIFICATIONS
Companies experience in projects completed similar to this project. Provide an example of deliverable/report on a previous project. You may remove any proprietary information.
4. KEY PROJECT STAFF ANDQUALIFICAITONS
a. Provide the names and background information on key staff members that will be assigned to this project.
b. Include a client list with contact information where your firm has performed similar services, and when theywere performed.
5. BID PROPOSAL
Each bid must be on a Bid Proposal furnished by the City as part of the Contract Documents.
Any change in, or addition to the Bid Proposal or any modifications of the Bid Proposal which is not specifically called for in the Contract Documents or, the omissions from the Bid Proposal of any information or response which is specifically called for in the Contract Documents may result in the City’s rejection of the bid as not being responsive to the Notice Inviting Bids.
All blanks in the Bid Proposal must be appropriately responded to. If an answer or other response to a blank is not applicable, the blank shall be responded to with “N/A”.
6. COSTPROPOSAL
Item #22. Page 26
Meeting Date: 6/28/2022 / Packet Page #: 709
City of Glendora Page 25 of 61
QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program Provide a not-to-exceed cost proposal using Attachment C, Cost Proposal will be uploaded to Quest CDN. Cost Proposals will not be considered until after the preliminary evaluation process is complete.
7. UNIT PRICES
The Contractor agrees that for requested and/or required changes in the Scope of Work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining cost.
PROPOSAL ATTACHMENTS REQUIRED
Attachment A - Proposal Certification
Attachment B - Bid Proposal
Attachment C - Cost Proposal
Attachment D - Client Reference Worksheet
Attachment D1 – Questionnaire
Attachment E - Exemplar Consultant Services Agreement (Sample)
SELECTION PROCESS AND EVALUATION CRITERIA
This is a qualifications-based selection for professional services. The City of Glendora will use the following criteria in its evaluation and comparison of proposals submitted.
SELECTION PROCESS
1. Proposal Review Phase - Proposals will be evaluated per the criteria and weights listed in the table below
2. The Final Selection Phase - Will be based on the proposal earning the highest score at the completion of the Proposal Review Phase. If the City decides to conduct oral interviews, then the final selection will be based on the firm earning the highest combined score at the completion of the Vendor Interview Phase.
3. The City reserves the right to rely on information from sources other than the information provided by the respondents.
4. Final award shall be contingent upon selected firm (Contractor accepting the Terms and Conditions listed in the RFP.
EVALUATION CRITERIA
Description Proposal Review Phase
Proposal Responsiveness Pass/Fail
Qualifications %
Industry Experience %
Approach to performing work %
Cost %
TOTAL Proposal Score %
Item #22. Page 27
Meeting Date: 6/28/2022 / Packet Page #: 710
City of Glendora Page 26 of 61
QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
GROUNDS FOR DISQUALIFICATION
1. Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration:
a. Failure to follow proposal requirements
b. Evidence of collusion: Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.
c. Any attempt to improperly influence any member of the evaluation team. d. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City.
e. Evidence of incorrect information submitted as part of the proposal. f. Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal.
g. Contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact from the time of issuance of this solicitation until a recommendation of award is made.
h. Proposer’s documented record of inadequate performance under any previous agreement with the City.
CONFLICT OF INTEREST
Proposer(s) may not have any interest in any potential future City procurements that may result from the work performed under the agreement resulting from this RFP.
GENERAL INFORMATION
1. The successful Proposer will be required to enter into an agreement with terms and conditions in substantial conformity with Attachment E of this RFP.
2. The successful Proposer will be required to demonstrate evidence of insurance in accordance with the insurance provisions listed in Attachment E of this RFP.
3. All costs associated with responding to this request are to be borne by the Proposer.
4. It is the City’s policy that the selected firm shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of City of Glendora contracts.
5. An agreement shall not be binding or valid with the City unless and until it is approved by the City Council, if so required, and executed by authorized representatives of the City and of the Proposer.
Item #22. Page 28
Meeting Date: 6/28/2022 / Packet Page #: 711
City of Glendora Page 27 of 61
QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program
DELIVERABLES
Selected vendor shall provide:
1. City of Glendora business license.
2. A completed and signed W-9 form for your company.
3. Labor and Materials Bond.
4. Faithful Performance Bond.
5. Copy of Certificate of Insurance which shows compliance with the attached requirements and naming the City of Glendora as an additional ensured.
6. Copy of the Contractor’s written safety program, IIPP.
TERM OF CONTRACT
The term of the contract shall be four (4) years and will expire on June 30, 2026.
EXTENSION OF CONTRACT
The City Manager or his designee may elect to extend the contract with up to three (3) annual options. Extensions will be exercised if both the City and the Contractor mutually agree to continue the relationship. The annual extension shall be in writing and signed by the Contactor as to his willingness to continue the contract for an additional year.
Contractor shall be bound to the prices on the proposal form for the initial duration of the contract term. Thereafter, if the contract is extended and only at the request of the Contractor, the City and Contractor will meet and agree on revised prices to be effective for the next fiscal year (July 1st -June 30th) no later than February 15th of each year. This increase shall not exceed 5% in any one year.
An exception to this limit can be made by the City in the event of unforeseen and uncontrollable circumstances such as but not limited to: Fuel Pricing, Workers' Compensation Rates, Prevailing Wage changes, etc.
RIGHTS OF THE CITY OF GLENDORA
1. This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:
a. Accept an offer in full, or in part, or to reject all offers. b. Make the selection based on its sole discretion.
c. Reject any and all proposals.
d. Postpone opening proposals for any reason.
e. Approve or disapprove the use of particular subconsultants. f. Negotiate with any, all or none of the Proposers.
g. Accept other than the lowest offer.
Item #22. Page 29
Meeting Date: 6/28/2022 / Packet Page #: 712
City of Glendora Page 28 of 61
QuestCDN# 8172837– Landscape Maintenance & Weed Abatement Program h. Waive informalities and irregularities in the Proposals. i. Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.
PUBLIC NATURE OF PROPOSAL MATERIAL
All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act (Cal. Government Code section 6250 et seq.) All documents that you send to the City will be subject to disclosure if requested by a member of the public.
END OF RFP
Item #22. Page 30
Meeting Date: 6/28/2022 / Packet Page #: 713
ADDENDUM NO.1
FOR LANDSCAPE MAINTENANCE & WEED ABATEMENT PROGRAM
This Addendum amends and supplements a prior section of the Landscape Maintenance and Weed Abatement Program (RFP)
titled “Description of Work Location and Frequency” and additionally includes parcel maps for your review.
This Addendum is entered into as of April 22, 2022, by the City of Glendora and becomes a permanent part of the contract.
Item #22. Page 31
Meeting Date: 6/28/2022 / Packet Page #: 714
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
PARKS ADDRESS (WEEKLY MAINTENANCE)
Arboretum Park 201 W. Gladstone Ave.
Big Tree Park 665 S. Sant Fe Ave.
Bonnie Cove Trail Heads 1244 Bonnie Cove Ave.
Big Dalton Canyon Wilderness Area 2041 Dalton Canyon Day Camp 3000 Big Dalton Canyon Road
Centennial Heritage Park 725 E. Mauna Loa Ave. (The first week of every month) City Nursery (BOC) 240 W. Dawson Ave. AIN: 8641005902 & 8641005901 Finkbiner Park 160 N. Wabash Ave. (See Map)
George Manooshian Park 857 N. Loraine Ave.
Gladstone Park 600 E. Gladstone
Louie Pompei Memorial Sports Park 1100 S. Valley Center Sandburg Middle School Park 19098 W. Leadora Ave.
South Hills Park 701 E. Mauna Loa Ave.
Carlyle E. Linder Equestrian Park 1000 N. Glendora Mtn Rd.
Battery Operated Controller (BOC)
MEDIANS ADDRESS (WEEKLY MAINTENANCE)
Amelia Triangle Island at I/S of Amelia Ave and Country Club Dr.
Auto Center Drive Lone Hill east to 210 Overpass (n & s sides) Baseline Road Barranca Ave. east to Glendora Ave. incl. access medians Danehurst Ave. Across from 825 Danehurst Ave.
Glendora Ave Baseline north to E. Walnut Ave.
Glenwood Island (BOC) Across from 366 N. Glenwood Ave.
Grand Ave Arrow Hwy to Sierra Madre
Jenifer & Mauna Loa (BOC) Across from 702 S. Jenifer Ave.
Kregmont Ave. Between Palm Ave. & Rose Dr.
Lone Hill Ave Gladstone to just north of Route 66
Palopinto Island (BOC) Across from 852 Palopinto Ave.
Route 66 Barranca Ave. east to Cataract Ave. (Inc. access median) Woodcroft Island (BOC) Across from 338 E. Woodcroft Ave.
Battery Operated Controller (BOC)
FACILITIES ADDRESS (WEEKLY MAINTENANCE)
City Hall Complex Incl PD, Library
& Parking Lot east of the complex
(on Vista Bonita)
116 E. Foothill Boulevard
AIN: 8638027908, 8638028902, 8638028901,
8638028900, 8638028903
Crowther Teen & Family Center/
Dalton Park 241 W. Dawson Ave. AIN: 8641002904
Glendora Museum 314 N. Glendora Ave. AIN: 8637030903
La Fetra Senior Center 333 E. Foothill Blvd. (See Map)
Parks Yard 1636 Compromise Line Road AIN: 8655019900
Street Yard 440 S. Loraine Ave. AIN: 8655021910
Transit Parking Plaza 510 E. Mountain View Ave. AIN: 8646002901 Transportation Center 410 E. Dalton Ave. AIN: 8638010902 & 8638010901 Item #22. Page 32
Meeting Date: 6/28/2022 / Packet Page #: 715
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Battery Operated Controller (BOC
CONTRACT
SERVICES ADDRESS (WEEKLY MAINTENANCE)
The Village Glendora Av. Btwn Bennett Ave. and Foothill Blvd. (2/Week) Clean tops of trash cans weekly.
Baseline Rd. Offramp Fenced area at Grand exit from 210 frwy west bound (See Map) Laxford Planter (BOC) 400 block West Laxford St. btwn Barber & Westridge Uptown Parking Lot East Off Vista Bonita between Foothill Blvd and Meda Ave. (See Map) Uptown Parking Lot West Off Vermont between Foothill Blvd and Meda Ave. (See Map) Bus Plaza 158 ½ Glendora Ave. AIN: 8638015901
ASSESSMENT SITES ADDRESS (WEEKLY MAINTENANCE)
Highland & Oak Knoll N/E corner of 400 blk- Highland Dr. & Oak Knoll Dr.
Glendora Mtn. Rd & Palm N/W corner of GMR and Palm Ave.
Glendora Mtn. Rd. & Boulder Springs One block north of Palm Dr. on left side of GMR Glendora Mtn. Rd. & Sierra Madre N/W corner of GMR & Sierra Madre Ave.
Sunflower Ave. & Hampton Ave.
(Solar Controller)
N/W corner of Gladstone & Sunflower both sides of the
wash
Loraine Ave. & Palm Dr. Medians on Loraine Ave. north of Palm Ave. (Quarterly)
Item #22. Page 33
Meeting Date: 6/28/2022 / Packet Page #: 716
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
PUMP STATIONS /WELLS/
RESERVOIRS ADDRESS MAINT.
Art Cooke Demonstration Garden 1021 E. Sierra Madre Ave. Weekly Big Dalton Pump Station: 1090 Glendora Mountain Rd. Monthly Big Dalton Reservoir Site 2800 Big Dalton Canyon Rd. Monthly Bluebird Reservoir Enter private Bluebird Hill Gate
AIN: 8658002902
Monthly
Country Club Reservoir East Wildwood Canyon Dr.
AIN: 8660003901
Monthly
Dawson Pump Station 1264 S. Glendora Ave. Monthly
Eagle Ridge Hydro-Pneumatic
Tank/Pump Station
1534 Eagle Ridge
AIN: 8644030901
Monthly
Englewild Reservoir & 2.5M Sites Enter driveway at 1167 N. Englewild Dr. Monthly Goddard Reservoir 894 E. Sierra Madre Ave.
AIN: 8648001924
Weekly
Hidden Springs Reservoir 1245 E. Saga St.
AIN: 8636047900, 8636025908
Bi-Weekly
Hook Canyon Reservoir & Booster
Station
701 W. Sierra Madre
AIN: 8684028920
Monthly
Lower Gordon Reservoir Pump
Station
Gordon Highlands Rd. & Ferguson Mt. Way
AIN: 8658019032
Monthly
Morgan Ranch Reservoir / Pump
Station
405 Morgan Ranch Rd.
AIN: 8659032909
Weekly
North Glendora Reservoir AIN: 8636015902 Monthly
North Grand Pump Station 811 N. Grand Ave. Monthly
San Gabriel Pump and Well 625 West Hidden Valley Dr. Azusa AIN:8684043273
Monthly
South Hills East Reservoir & Access
Rd. 899 Hunters Trail Monthly
South Hills West Reservoir 3 MG: 1020 Glendora Ave. Access Rd. (See Map) Monthly Upper Gordon Reservoir 627 Gordon Highlands Rd Monthly
Vernon Gillet Pump Station 626 N. Valley Center Dr. AIN: 8656036911 Bi-Weekly Water Yard 1051 E. Sierra Madre Ave. Weekly
Well – 7 Vosburg 201 S. Virginia Ave. Azusa
AIN: 8615024270
Monthly
Well-10 Leadora Lot
840 E. Leadora Ave. Incl. one planter
on each side of the wash
AIN: 8648013910
Monthly
Well – 11/ Ole Hammer Park
362 N. Live Oak, Including the two planters
located above the wash
AIN: 8648018908
Weekly
Willow Springs/ Pump Station 515 N. Willow Springs Lane AIN: 8656005910
Weekly
Item #22. Page 34
Meeting Date: 6/28/2022 / Packet Page #: 717
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
RIGHT-OF-WAY
WEED ABATEMENT ADDRESS (FOUR TIMES PER YEAR)
Ada Ave. 109 East Ada- & 130 – 200 W. Ada Ave (tree wells on north side/ROW) Alford & Forestdale 1038 Forestdale east to 779 Alford St. Sidewalk along the brick wall.
Amelia Ave. Foothill to Route 66 (east & west)
Amelia Ave. Route 66 to Auto Center Drive (include the medians) Amelia Ave. 900 S Amelia – Island @ intersection of Duell St. (west side) Arrow Hwy. Glendora to Grand (north side)
Auto Center Dr. Freeway underpass, sidewalks.
Barranca Ave. Route 66 to Bennett (east & west sides)
Barranca Ave. Galatea to 210 Freeway – Island on the east side Barranca Ave. Arrow Hwy to Gladstone (east side)
Barranca Ave. Sierra Madre to Orangepath St. e/w sides
Barranca Ave. Orangepath St. south to Holyvale St. medians @ east side Barranca Ave. Holyvale St to Arrow Hwy east side only
Base Line Rd. Glendora to Grand (north & south sides) incl. planter on n/w corner Base Line Rd. Grand to Barranca- Islands & Walkways (north & south sides) Becklee Rd. 1000 Block east of Kregmont Dr. (south side), drain at east end of street Bennett Ave. Channel 621 & 636 E Bennett Ave planters above the wash on both sides of the street Carroll Ave. 800 W Carroll to N. Barranca Ave. along block wall Carroll Ave. 400 W. Carroll – street and end of cul-de-sac Carter Dr. 400 W Carter – Entire block (north & south sides) Compromise Line Rd. Route 66 to Valley Center (n & s sides) incl. dirt area at Rt 66 and Compromise Line Rd,
Conifer 410 Conifer Rd. (north side) 4. East to rt turn towards Banna Duell St. In front of 2250 E. Duell St @ I/S of Amelia & Duell Elwood Ave. Route 66 to wash/planter (east side)
Elwood Ave. The wash south to La County Gate (west side) Fleetwood Pl. 400 W Fleetwood – Entire block (north & south sides) Foothill Blvd. Barranca to Wildwood – Island (north side) Foothill Blvd. Amelia to Barranca (north side) including access medians Foothill Blvd. Barranca to Citrus (north & south sides) Foothill Blvd. Amelia to Lone Hill (south side) incl. the parkway planters at the Glengrove intersection.
Foothill Blvd. Lone Hill to Cullen (north side) Incl planters on n/e parkway at Whispering Oaks
Gladstone St. Barranca to Valley Center (north & south sides) Gladstone St. Barranca to Glendora (south side only) (MONTHLY) Gladstone St. At the I/S of Grand Ave
Glendora Ave. Ada to Arrow Hwy (east & west sides) incl. planters on the s/w corner at Mauna Loa
Glendora Ave. Dawson to Arrow Hwy. (west side) incl. the parkway along the golf course fence
Item #22. Page 35
Meeting Date: 6/28/2022 / Packet Page #: 718
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
RIGHT-OF-WAY
WEED ABATEMENT ADDRESS (FOUR TIMES PER YEAR)
Glendora Ave. At Meda Ave. (2-Ficus in tree wells)
Glendora Mountain Rd Horse Trail (Sierra Madre to Boulder Springs) east side of street Grand Ave. Sierra Madre to Arrow Hwy e/w (including access median from Carroll to Orangepath)
Grand Ave. 210 fwy south to Armstead St. (MONTHLY) for heavy leaves/berries Helensburg St. 600 W Helensburg – Planter
Invergarry Ave. 800 Invergarry Ave. Area behind the house along wash. (Possible exit off Barranca) AIN 8634005911
Leadora Ave. Glendora to Cullen (north & south sides)
Lone Hill Ave. Route 66 to Gladstone (east & west sides) plus Market Place Medians Lone Hill Ave. Route 66 to Palopinto (east side)
Lope Ln. 1400 S. Block of Lope Ln. btwn Gold Dust and Inola – Sidewalk and curb along east wall.
Loraine Ave. Route 66 – Trail Head north of Palm Ave.(east & west sides) incl. drain on the north end and raised dirt curd on the west.
Meda Ave 4 -tree wells on s/w corner and 2 tree wells on S/W sides of the Intersection.
Morgan Ranch Rd Off Foothill, north to Morgan Ranch Reservoir Mountain View Ave. Tree wells just west of Loraine
Palm Ave North Banna to Loraine south side
Payson St. 500 E. block of Payson – Tree wells & sidewalk along brick wall (n/s) Renwick 534 E. Renwick End of Cul-du-sac
Route 66 Barranca to Cataract Ave. (north & south sides) Sierra Madre Ave. Tree wells just west of Grand (north side) (EVERY TWO MONTHS) for tree suckers
Sierra Madre Ave. Grand to Westridge (north & south sides) Sunflower Ave. Gladstone to Juanita (east & west sides) Sunflower Ave. Gladstone to the 210 overpass
Valencia St. 100 S Valencia (east side)
Valley Center Compromise Line Rd to Sierra Madre west side, sidewalk to fence along the wash.
Valley Center Compromise Line Rd to Sierra Madre east side including parkway just north of Catherine Park Dr.
Vermont Ave. Route 66 to Meda (Tree wells east & west sides) Wabash Planter 167 N. Wabash Ave (parking lot & parkway) Item #22. Page 36
Meeting Date: 6/28/2022 / Packet Page #: 719
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program LOTS… ADDRESS (FOUR TIMES PER YEAR)
Johnstone Peak Communication Site
Coordinates: 34.15458° N 117.80161° W (See Map)
Parking Lot 166-170 N. Vista Bonita AIN: 8638012900
Parking Lot 470 Dalton Ave AIN: 8638010900
Street Yard Lot 440 S. Loraine Ave. AIN: 8655021911, 8655021900, 8655007900, 8655007902 & 8655-013-900
Vacant Lot 2242 E. Route 66 (Small dirt area)
DRAINS ADDRESS (FOUR TIMES PER YEAR)
Canterbury Drain 2101 Canterbury (See Map)
Carrol Drain 399 W. Carrol
Country Club Drain 2159 Country Club Dr. (See Map)
Laxford Drain 143 W. Laxford (See Map)
Parkwood Drain 815 N. Grand Ave. entrance (See Map)
Valiant/Greencroft Drain 2054 Valiant, area just inside the walkthrough gate.
Walnut Drain 542 E. Walnut (Entrance gate is to the left of this address) Item #22. Page 37
Meeting Date: 6/28/2022 / Packet Page #: 720
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
OPEN SPACE
WEED ABATEMENT (BI-ANNUAL)
AIN:NUMBER
8636-019-271
8636-036-922
8644-013-905
8644-014-910
8644-015-914
8644-015-915
8644-027-902
8644-027-905
8644-027-907
8644-027-913
8644-028-901
8644-032-906
8644-032-907
8644-032-908
8644-032-909
8644-028-903
8644-014-911
8644-014-901
8644-014-909
8654-001-903
8654-001-902
8654-001-904
8656-036-900
8656-036-903
8656-036-909
8656-036-910
8660-003-904
8660-003-902
Big Dalton Wilderness Area/
Day Camp – Clear and spray for weed control
Item #22. Page 38
Meeting Date: 6/28/2022 / Packet Page #: 721
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Finkbiner Park
Item #22. Page 39
Meeting Date: 6/28/2022 / Packet Page #: 722
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Manooshian Park
The Contractor shall be responsible for the highlighted area.
Sandburg Park
The Contractor shall be responsible for the highlighted area.
Item #22. Page 40
Meeting Date: 6/28/2022 / Packet Page #: 723
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program La Fetra Senior Center
Bonnie Cove Trail Heads & Parking Area
Item #22. Page 41
Meeting Date: 6/28/2022 / Packet Page #: 724
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
ASSESSMENT SITES
Highland Oak Knoll - On the n/e corner.
Item #22. Page 42
Meeting Date: 6/28/2022 / Packet Page #: 725
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program
ASSESSMENT SITES
Glendora Mountain Rd & Boulder Springs—Slope area, n/w corner.
Glendora Mountain Rd. & Bounder Springs—Slope area n/w corner Item #22. Page 43
Meeting Date: 6/28/2022 / Packet Page #: 726
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program On the n/w corner, plus one island on Fountain Springs Lane and one island on Hidden Springs Ln.
Item #22. Page 44
Meeting Date: 6/28/2022 / Packet Page #: 727
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Baseline Rd. Offramp
Item #22. Page 45
Meeting Date: 6/28/2022 / Packet Page #: 728
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Uptown Parking Lot East
Item #22. Page 46
Meeting Date: 6/28/2022 / Packet Page #: 729
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Uptown Parking Lot West
Item #22. Page 47
Meeting Date: 6/28/2022 / Packet Page #: 730
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program The Village
Includes tree wells, potted plants and planters. Two planters on Foothill & Glendora Ave. have seasonal flowers. Type TBD by City Designee.
Item #22. Page 48
Meeting Date: 6/28/2022 / Packet Page #: 731
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program 400 W. Carrol Ave
Cul-de-sac at the end of this street and tree wells
440 Conifer Rd.
Item #22. Page 49
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Johnstons Peak—Communication Site
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Goddard Reservoir—8648001924
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Eagle Ridge Hydro-Pneumatic Tank & Pump Station: 1536 Eagle Ridge Inside site and road frontage for site property line. (b8644030901) Item #22. Page 53
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program South Hills East Reservoir and access road: 1033 High Country Dr. 899 Hunters Trail Access road from Yellow gate to reservoir, 8644032902
Coordinates to the entrance gate - 34°07'17.3"N 117° 50'18.6"W Item #22. Page 54
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Big Dalton Reservoir Site—2800 Big Dalton Canyon Rd.
South Hills West Reservoir 3 MG:
1045 Glendora Ave. Access Road - Inside site area and roadway.
Item #22. Page 55
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Morgan Ranch Reservoir / Pump Station: 405 Morgan Ranch Rd. 8659032909 Large Full site maintenance to include parkway & West side perimeter.
Hook Canyon Booster station:
701 W. Sierra Madre Ave.
8684028920 Inside site and
10’ perimeter around site.
planter around perimeter.
Item #22. Page 56
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ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Country Club Reservoir Site: East Wildwood Canyon Dr. 8660003901 Item #22. Page 57
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Hidden Springs Reservoirs: 1245 E. Saga St. 8636047900 & 8636025908 Item #22. Page 58
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Englewild Reservoir Site: Next to 1199 N. Englewild dr. Inside site area. (21A & 21B ) 8636019902
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program San Gabriel Pump and Well : 625 West Hidden Valley Dr. Azusa 8684043273 Inside site and trees along south and west fence line
8684013923
Item #22. Page 60
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Well – 11 & Ole Hammer Park 362 N. Live Oak: 8648018908 Item #22. Page 61
Meeting Date: 6/28/2022 / Packet Page #: 744
DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Well – 840 E. Leadora:
8648013910
Item #22. Page 62
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DESCRIPTION OF WORK LOCATION AND FREQUENCY
ADDENDOM NO.1 – Landscape Maintenance & Weed Abatement Program Well – 7 (Azusa) Vosburg 201 S. Virginia Ave. 8615024270 Azusa: Inside site and parkway Item #22. Page 63
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San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.
Glendora, CA 91741
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:
April 7 and 14, 2022
I declare under penalty of perjury that the
foregoing is true and correct.
Executed in the City of Glendora, Los Angeles
County, California
On this 14th day of April 2022.
Signature
NOTICE OF
REQUESTS FOR PROPOSALS (RFP)
NOTICE IS HEREBY GIVEN that the City of Glendora, County of Los Angeles, California (hereinafter “City”) will receive Proposals ONLY via the online electronic bid service, www.questcdn.com, until 10:00 a.m. on Tuesday, 3rd day of May 2022, for: Landscape Maintenance & Weed Abatement Services.
NO PROPOSALS WILL BE ACCEPTED AFTER THIS DATE AND TIME! A MANDATORY PRE-BID JOB WALK is scheduled for 10:00 a.m. on Tuesday, April 19, 2022. The mandatory job walk will be held at the following location: Bidwell Forum located on the second floor of the Glendora Library, 140 Glendora Ave, Glendora, CA 91741. Consultants who intend to submit proposals must attend the meeting and must complete the sign-in sheet in order to be eligible to propose this project.
NO ORAL, FACSIMILE OR TELEPHONIC PROPOSALS WILL BE CONSIDERED.
Each Proposal must conform and be responsive to all requirements set forth in the RFP. Vendors/ Consultants will need to register with the provider of this service, Quest Construction Data Network.
RFP documents can be downloaded electronically for a non-refundable fee of $15.00 by providing Quest CDN Project Number 8172837 on the Request Search Page on the Quest website www.questcdn.com. You can contact QuestCDN at 952-233-1632 or [email protected] for assistance in membership registration and downloading this digital project information. For questions regarding the RFP documents or for project information, please contact Andrea Miller at (626) 852-4871 or [email protected].
The City of Glendora reserves the right to reject any and all proposals, to waive any informalities in any proposal and select the one that best meets the City’s needs.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
City of Glendora
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF GLENDORA
and
MARIPOSA LANDSCAPES INC.
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1 Landscape Maintenance & Weed Abatement Program
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
MARIPOSA LANDSCAPES INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 by and between the CITY OF GLENDORA, a California general law city & municipal corporation (“City”), and MARIPOSA LANDSCAPES INC., a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
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. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
28th June
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2 Landscape Maintenance & Weed Abatement Program
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 96
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the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Workday. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Terry Noriega, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 97
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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.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
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Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $4,125,920.00 (four million, one hundred twenty-five thousand, nine hundred twenty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.
The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 99
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any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term & Extended Term(s).
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 four (4) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for three (3) additional one (1) year terms by giving advance written notice of the same not later than 60 calendar days prior to the expiration of the Term or any Extended Term(s).
ARTICLE 4. COORDINATION OF WORK
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4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Terry Noriega, President
Theresa Lu, Chief Operating Officer
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced, nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Andrea Miller, Landscape/Contracts Supervisor, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 101
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a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
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(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant 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) Consultant 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 Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant 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.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant 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 Consultant in the performance of professional services 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 Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 105
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services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.
Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained, or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
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(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.
Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
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Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
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, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 108
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Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 109
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has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
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This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
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. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.
Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials ___________________
Terry Noriega, President
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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18 Landscape Maintenance & Weed Abatement Program
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:
MARIPOSA LANDSCAPES, INC.
Name: Terry Noriega
Title: President
Email Address: [email protected]
Name: Theresa Lu
Title: Chief Financial Officer
Email Address: [email protected]
Address: 6232 Santos Diaz St. Irwindale, CA 91702
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Services required by Glendora include but are not limited to the task outlined below and any other task necessary to perform the required duties. The Landscape Maintenance & Weed Abatement Program (“Contract”) is an outcome-based contract where the City has established specific landscape standards as outcomes. The Contractor is responsible to develop a base bid necessary to maintain the expected outcome standards. The bid is to be presented as what the total cost would be for each site for a 12-month period. The City will inspect the work of the Consultant weekly against the stated standards to determine compliance and payment.
The work to be performed under the Contract consists of the furnishing of all labor, insurance, materials, transportation and equipment needed to perform Landscape Maintenance and Weed Abatement at various locations in the City of Glendora further described in the Scope of Work
TURF MAINTENANCE
Turf shall be maintained with a crisp, clean appearance at all times. Turf shall be mowed weekly in the active growing season and bi-weekly in the off-season of the turf. Bruising or rough cutting of grass shall not be permitted. Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height. Scalping will not be permitted. Grass cuttings which clump, or windrow shall be removed immediately. Mowing patterns will be changed weekly or however necessary to avoid rutting.
Care shall be taken to avoid damage by mowers to tree trunks, irrigation heads and any other utilities, facilities, or structures within or adjacent to turf areas. Any damage caused by the Consultant ’s negligence shall be repaired at the Consultant ’s expense. Prior to mowing, the Consultant shall ensure that the mower is clean so that no roots, stolon’s, seeds or crowns of foreign grasses are introduced to the turf.
Weeds in turf shall be maintained to a minimum of 1% at any given time. A pre-emergent herbicide shall be applied in the spring to prevent the introduction of crabgrass in the sports fields prior to the soil temperatures reaching 60 degrees.
All litter and debris in turf areas shall be picked up and disposed of properly. Grass clippings may be left behind if dispersed uniformly throughout the turf area.
TURF RENOVATION
Finkbiner’s Lobb Field and Louie Pompei Memorial Sports Park are closed to the public in mid-December for renovation of the natural sports fields. They are re-opened February 1st to allow spring sports to begin. Preparation of the grounds shall start by aggressively dethatching the turf. If dethatching is not needed (to be determined by city designee), mowing to a height of ½” to open canopy and expose soil. Aeration shall be done in two directions to relieve compaction using hollow tines.
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Spread annual ryegrass at a rate of 10-15 lbs. per 1,000 square feet. Apply half the rate in one direction and the other half in a perpendicular direction. Apply a thin layer of approximately 1/4” of topdressing.
Ensure the turf is watered in thoroughly. Using existing irrigation system, cycles should water the seed enough that it will maintain it moist, but not rot from sitting in water for too long.
Typically, each station is run for about 6 minutes 4 times per day for rotors, also depending on the watering mechanism.
Once all the grass seed has germinated, watering should be reduced, and mowing should resume once the length reaches 2 inches. Fertilize the grounds within the first month to ensure the new seedlings are nourished. Ensure the grounds are not saturated to prevent compaction and ruts.
Any damage related to rutting and compaction shall be corrected by the Consultant . Fencing shall be provided by the Consultant to keep the public out of the newly seeded areas. The City shall provide grass seed only.
INFIELD MAINTENANCE
In the winter, infields are often rutted due to irrigation or winter storm runoff. Once a year prior to the commencement of the softball sports season, Consultant shall level out the ruts to ensure infields are ready for play. The city will provide material if replenishment is required. Lips along the grass edge shall not be permitted.
SPORTS TURF MAINTENANCE
Frequency of mowing will be governed by the species of grass and the growth rate. Turf shall be mowed at least weekly in the active growing season and bi-weekly in the off-season of the turf.
Consultant shall mow the turf a minimum of 52 times per year. Bruising or rough cutting of grass shall not be permitted. Never remove more than one-third of the total leaf surface at a given mowing. Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height. Scalping will not be permitted unless it is being performed in preparation for seeding. Grass cuttings which clump, or windrow shall be removed immediately. Mowing patterns shall be changed weekly or however necessary to avoid rutting. Care shall be taken to avoid damage by mowers to irrigation heads and any other utilities, facilities or structures within or adjacent to turf areas. Any damage caused by the Consultant ’s negligence shall be repaired at the Consultant ’s expense. Prior to mowing, the Consultant shall ensure that the mower is clean so that no roots, stolon’s, seeds or crowns of foreign grasses are introduced to the turf. All litter and debris in turf areas shall be picked up and disposed of properly. Grass clippings may be left behind if dispersed uniformly throughout the turf area.
A pre-emergent herbicide shall be applied in the spring to prevent the introduction of crabgrass in the sports fields prior to the soil temperatures reaching 60 degrees.
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MOWING SCHEDULE
Mowing shall be performed as per the schedule below.
Growing Season / Frequency Off-Season / Frequency
March 01 – October 31 November 01 – February 28
Weekly Bi-Weekly
EDGING
All turf areas shall be cleanly edged to the inside (turf side) edge of the concrete median curbs.
All turf growing along public sidewalks and walkways shall be edged to maintain a crisp, clean edge along all such structures. Grass shall also be kept from overgrowing sprinkler heads.
Edging shall also include trimming grass around: poles, utilities, valve boxes, controllers, and any other hardscape areas. Edging shall be done once per week in the active growing season and bi-weekly in the off season of the turf. Edging shall be done with the use of a power edger.
A line trimmer is not appropriate for trimming turf. Soil sterilant or other herbicides shall not be used for edging.
Edging around trees shall be at least 16” away from the trunk. At no time is a line trimmer to be used on or at the base of any City tree.
SHRUBS & PLANTS
Shrubs and plants shall be pruned as necessary to encourage healthy, natural growth patterns for each specific variety. For example – Cleveland Sage shall be pruned back to remove old flowers, Kangaroo Paw stalks are to be cut down to the coppice once they have died and shrub style Redbuds shall be coppiced in the late fall or winter. Pruning is to be done after the plants stop producing new flowers and shall include thinning, shaping, and removing dead or diseased branches.
Unless a hedge is present, hedge trimming shall not take place. Shrubs and plants are never to be cut using a weed eater or hedge trimmers. Bypass pruners are to be used at all times. Shrubs are to be kept in a natural shape allowing for them to get to their mature size. Directional pruning shall be utilized to guide the plants away from valve boxes and walkways.
All shrubs shall be pruned back to clear all roadways, curbs, gutters, and sidewalks. Shrubs shall not block signs, utilities, utility meters or any other facilities located within the work areas.
Shrubs shall not block access to controllers or electric valves and shall be pruned to minimize blockage of irrigation head spray patterns. Shrubs which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12” – 24” as measured from the street level.
GROUNDCOVER
Turf Type Spring Height Summer Height
Ryegrass 2.0” 3.0”
Bermuda 1.0” 1.5”
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Groundcovers such as but not limited to, gazania, rosemary etc., shall be kept trimmed behind top of curb lines, kept off pedestrian walkways, out of curb and gutter areas, kept out of interplant shrubs and trees, trimmed to keep all signs, poles, guardrails, and utility meters clear, and kept from encroaching in any way into private property or onto private property fences.
Grasses, weeds, sucker growth, or any other growth shall be removed from groundcover to maintain a neat and clean appearance. Groundcover which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12” – 24” as measured from the street level.
The Consultant shall clear sidewalks and roadways of plant material after cutting to maintain a clean, neat appearance. All leaves and debris are to be picked up and disposed of by the Consultant . No leaves and debris are to be blown into planters, streets, gutters etc.
TREES
Trees which are staked shall have supports kept in good repair. Any broken or damaged supports or ties shall be replaced as soon as possible. Staking shall remain in place until trees are fully capable of self-support at which time they are to be removed. Stakes and ties shall remain on tree roses at all times. Trees which have low hanging, diseased, dead or broken branches shall be trimmed by the Consultant . Branches overhanging traffic lanes shall be kept side trimmed to face of curb line and to a height of 14 feet. Branches overhanging pedestrian routes shall be kept trimmed to a height of 8 feet above walkway level. All pruning work by the Consultant must comply with the latest ANSI Standards.
Any tree stakes, tree ties, and/or guy wires needing replacement shall be replaced with new materials at the expense of the Consultant . Nursery stakes are not an acceptable form of staking. If a tree does not currently have a tree well, the Consultant shall cut one out. Mulch shall be placed at a 16” diameter around the base of the tree to eliminate contact with string trimmer. This 16” area shall be maintained free of grass and weeds.
All trees shall be pruned by qualified personnel using horticulturally sound methods with ANSI Standards. Trees shall be pruned to develop a structurally sound shape and a healthy, natural appearance. No excessive pruning or stubbing back will be allowed. Sucker growth originating at the trunk or root zone shall be removed.
Trees knocked down by vehicular accidents or trees and large limbs blown down and blocking traffic lanes shall be immediately reported to the City, which shall have responsibility for cleanup of such trees and large limbs.
Anytime personal property of a motorist or pedestrian is damaged due to falling trees or limbs, the Consultant shall notify the City Police Department immediately as well as the City Designee. Any small branches which fall or are blown from median plantings, causing no damage, shall be removed and disposed of by the Consultant .
When trees are newly planted, the preferred method of irrigating is using a spiral of drip line emitters. As the tree grows, the Consultant shall open the spiral to the dripline to encourage roots to grow outward. The spiral shall be staked in place and covered with mulch.
LEAF LITTER/BARK MULCH
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Leaf litter shall be mulched with a mower throughout the year. Large concentrations of leaves may require pickup at the City’s discretion. Rakes are preferred for leaf litter removal over blowers. Leaf litter shall not be allowed to accumulate to the point that it will damage or kill turf.
Leaf litter that is removed from turf shall either be chopped and used on-site or transported to a plant debris recycling facility. Leaf litter on mulched sites such as the medians, shall be blown in a pile and picked up.
Bark mulch shall be replenished at a minimum depth of 4”, and a minimum of once a year at all sites where it currently exists, and more if needed. Mulch shall be supplied by the City.
Sites with rubber mulch (Grand Ave Medians etc.) shall continue to be refilled with rubber mulch which will be provided by the City.
IRRIGATION
Irrigation shall be accomplished using automatic or manual irrigations systems at the majority of the sites. Consultant shall be responsible for monitoring irrigation system malfunctions or leaks and repair shall be made immediately if possible and at best, within one week. If the repairs are not made immediately, the irrigation is to be turned off until the repairs are made so that water is not continually lost. If the Consultant fails to repair irrigation leaks reported or otherwise after one week, the Consultant will pay $25.00 dollars per day, per site until the repairs are complete.
Due to water restrictions, automatic controllers shall be programmed for watering between the hours of 10.00pm and 6:00am only. During the summer months watering may occur up to three times per week. All other times, the City waters approximately 1–2-day days per week, depending on the type of irrigation and plant material. Automatic controller programs shall be adjusted to compensate for changes in the weather and site conditions. If the weather prediction is at 70% of chance of rain, Consultant shall turn the system off. Excessive run-off of water must be avoided. Water shall not be allowed to pond or create a water-logged soil condition.
Wasting of water or use of City furnished water for means other than those directly related to maintenance of this project shall be prohibited.
Precautions shall be taken to prevent water from wetting pedestrians, vehicles and pavement.
Any soil washed onto pavement shall be cleaned up and any eroded areas shall be filled in at the Consultant ’s expense.
MANUAL WATERING
If the irrigation goes down for any reason, the Consultant is responsible to manually water the site until the irrigation restores the system.
IRRIGATION SYSTEM MAINTENANCE
Most of the City’s irrigation systems are maintained using the Rain Bird IQ System.
Finkbiner Park and Louie Pompei Memorial Sports Park are maintained using the Rain Bird Maxicom System. There are a number of battery-operated clocks as well as one solar clock that are not a remote system. The Consultant will work directly with the City to establish clear guidelines as it relates to these weather-based systems. The controllers at each site shall be DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 117
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inspected by the Consultant monthly. The Consultant shall coordinate with the City to ensure that the irrigation systems are properly set to avoid over-watering, especially days prior to scheduled mowing. It is the Consultant ’s responsibility to ensure that the system is operating correctly and that there is adequate coverage. All irrigation mechanisms shall be kept cleaned to ensure that the irrigation heads are not being blocked and the irrigation heads are adjusted to maximize coverage and minimize overspray and watering onto the roadway or pedestrian pathways.
All electric valves shall be kept flushed clean of sediment and debris and shall be maintained in proper working order. Valves shall be kept well-adjusted to ensure efficient operation of the irrigation system. The Consultant shall also keep the controllers/boxes clean and free of insects and dust and shall make any and all necessary repairs or replacements. The Consultant s responsibility begins after the backflow device and includes, flow sensors, master valves etc.
Drip system filters shall be cleaned at least every three months.
Any and all irrigation parts such as sprinkler heads, emitters, valves etc., that are repaired/replaced must be consistent with what is currently in place. When making repairs to sprinkler heads and drip emitters, they must be the same at each section to ensure that we get the most accurate flow readings.
The Consultant shall be responsible for general maintenance of the irrigation system including inspection, maintenance and repairs, piping, wiring, spray heads, drip irrigation, electric valves, and automatic controllers. All irrigation parts and materials which are damaged or broken must be fixed by the Consultant and shall be reported to the City monthly. The Consultant is responsible for any damage caused by the Consultant or any unknown entities. If the City makes any irrigation repairs due to lack of timeliness on the part of the Consultant , the cost including parts and labor shall be charged against the Consultant ’s monthly account.
No modifications may be made to the existing automatic irrigation system without express written approval of the City (designee). Approved changes shall be noted by the Consultant on a copy of the Irrigation plan and submitted to the City within five (5) working days of the completion of the work.
In the event of a drought condition, the City shall have the authority to modify the watering requirements described in these specifications. The City shall notify and meet with the Consultant to discuss any possible impacts the modified watering schedule may have on the Consultant ’s obligation to provide excellent services.
PLANT LOSS
It is one of the Consultant ’s prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in watering do to broken irrigation.
Consultant agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action.
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Consultant agrees to replace, at the Consultant ’s cost, any dead, stunted, or damaged plantings that are the result primarily of the Consultant ’s negligence. Plants lost from Consultant ’s negligence shall be replaced, at the Consultant ’s expense, within thirty (30) days of discovery.
Replacement plants shall be comparable in size to the lost plant up to a maximum size of a twenty-four (24) inch box, or if smaller, the size shall be approved by the City.
The Consultant shall not be held responsible for plant losses due to maladies beyond the Consultant ’s control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms and related events. Consultant shall report all such conditions to the City in writing within seventy-two (72) hours of occurrence and submit a proposal for the work or repairs along with the costs.
The Consultant shall obtain City’s written permission/direction or authorization prior to proceeding with the work. Failure to notify the City within 72 hours of occurrence will result in replacement at the Consultant ’s cost as if the cause was Consultant negligence.
The City shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the Consultant as a substitute for proper care. The City will consider Consultant negligence a major breach of contract with full responsibility for costs and losses.
Dead plants and those in a state of decline shall be brought to the City’s attention immediately.
All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship. Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance Consultant has no control. Existing plants shall be replaced by Consultant if they die due to Consultant ’s negligence. All replacement plants and materials shall be inspected and approved by City prior to installation.
WEED CONTROL
All areas within the work sites are to be always kept free of weeds and volunteer tree growth.
This includes but is not limited to, all bare dirt areas and any weed growth within ground cover, shrub plantings and cobblestone/hardscape areas in all the Consultant management zones.
Pedestrian walkways, medians and other hardscape areas are to be always kept weed-free; this includes the area that extends two feet from face of curb into the street area. Volunteer tree growth shall be removed by the Consultant as part of this contract paying attention to removal to include root system, rather than flush cut. If the plant is too large, herbicides can be used to ensure complete removal
Weed control shall be practiced in all turf areas; weed control in the turf areas is only to be done using properly registered pesticides for turf grass. The level of weed control shall be at least adequate to eliminate all weeds. Any weeds which are removed by hand shall be removed in a manner which leaves the ground surface level and saves the existing turf in place.
Weeds shall be removed from against fences, trees, and other obstructions. If the City determines that mowing practices or the condition of the weeds does not provide adequate mulching, the Consultant is to remove the mulched weeds. The removed weeds shall be disposed of properly.
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The Consultant shall comply with all rules, regulations, and license requirements of the California Department of Pesticide Regulation, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of work on the Contract.
SPRAYING
The Consultant shall perform spraying on City properties to prevent weed growth. Spraying shall consist of (1) use of a pre-emergent herbicide to prevent weed growth during the growing season following application, and (2) use of a systematic herbicide to kill re-growth and/or summer weeds. Soil sterilants may not be used unless directed by the City.
It shall be the Consultant ’s responsibility to apply herbicides as necessary to keep all properties appropriately free of weeds throughout the year. Weeds shall not exceed a maximum two (2) inches in height at any time throughout the year. It is the Consultant ’s responsibility to eliminate all weeds regardless of what type they are.
It shall be the Consultant ’s responsibility to determine the most appropriate times of the year to apply herbicides, fungicides, and pre-emergents. The Consultant must notify the City prior to any application of any registered pesticide a minimum of one week prior to the pesticide treatment.
It shall be the Consultant ’s responsibility to independently monitor all contract areas and perform touch-up spraying as needed anytime weed growth occurs. Monitoring shall at a minimum include a weekly physical inspection of all sprayed areas.
The Consultant shall use the necessary equipment to accomplish the work in a satisfactory manner. The Consultant shall arrange operations so that the herbicides will not be distributed beyond the limit of property sprayed. The Consultant shall apply the herbicides using nozzles and pressure necessary for a proper application. The Consultant shall supply water for the chemical mix.
The materials used by the Consultant must be of such composition and of sufficient strength to kill weeds but may not sterilize the soil for a period in excess of one year following application.
The chemicals used shall not be toxic or harmful in any manner to animals or human beings when used in the prescribed manner. The materials used shall not harm desirable vegetation such as trees or turf. The materials used shall not be flammable or leave an oily residue that will discolor or leave a slippery film on sidewalks and curbs. The City may at any time during the spraying operation take samples to check materials being used. Upon request, the Consultant shall provide the City with information regarding chemicals applied to specified locations.
In addition, the Consultant shall upon request provide the City with specimen labels of chemicals applied. In the event the treatment is not effective, the Consultant will be required to remove all growth from the area within the limits of the spray application.
FERTILIZERS –SHRUBS & PLANTS
Fertilizers shall be applied one time per year, and in most cases only as needed. The final decision will be made by the City Representative. All fertilizer applications are to conform to the California Food and Agricultural Code. Commercial fertilizers shall be complete fertilizers DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 120
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furnishing the required percentages of nitrogen, phosphoric acid, potassium, and other necessary micronutrients as needed to keep plants, and shrubs in a healthy and vigorous growing condition.
PEST MANAGEMENT
All landscaped areas shall be maintained free of disease and harmful insects/pest without compensation beyond the base bid. The City of Glendora seeks to control pests without harming non-target organisms, or negatively affecting air and water quality and public health.
The Consultant shall give preference to reasonably available non-pesticide alternatives when conducting pest management activities on City property and public rights-of-way. Chemical controls should only be applied when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels.
When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control is applied. Pesticides should not be applied on a prescheduled basis. The Consultant may employ Integrated Pest Management (IPM) practices when controlling pests.
IPM uses cultural, mechanical, physical, and biological control methods before using pesticides.
All shrubs shall be kept free of spiderwebs at all times.
TRASH, LEAVES AND DEBRIS – COLLECTION AND DISPOSAL
1. Trash, leaves and debris from landscape maintenance operations, blown by the wind or deposited by persons or animals shall be collected a minimum of once per week but more often if needed.
2. Paper, trash, cans, bottles, and animal waste etc., shall not be dumped on site in trash dumpsters, but shall be disposed of offsite in a legal manner at Consultant 's expense.
3. Leaves, grass clippings, branches, weeds, and all other landscape debris accumulated from the landscape maintenance operations shall be collected and properly disposed of the same day it is accumulated.
4. Green waste requirements of the State of California and the City of Glendora apply to this contract.
5. The City will provide a site for the Consultant to store an Athens bin at their expense.
The Consultant will be responsible to get rid of their waste. All excess material shall become the property of the Consultant to be legally disposed of as the Consultant sees fit. The City will not reimburse the Consultant for any fees incurred.
TRASH ENCLOSURES
All trash enclosures shall be cleaned on a weekly basis. Containers shall be pulled out and the areas swept clean or blown with backpack blower to ensure cleanliness. Consultant shall pressure wash if extensive soiling conditions exist.
PARKING LOTS - SWEEPING
Parking lots are to be kept free of debris, weeds and litter in order to maintain a neat and clean appearance. The Consultant shall clean parking lots at least once a week, but more often if DocuSign Envelope ID: 07CD88A7-7037-437D-A130-0D296E8C5B91 Item #22. Page 121
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necessary. All parking lots including the Village on Glendora Ave. are to be swept by 7:00am, using a street sweeper/truck. Blowers are not to be used for parking lots.
HARDSCAPE AND COURTS
1. Hardscape includes sidewalks, stairs, asphalt, pathways, basketball courts, tennis courts, the skate park etc.
2. All hardscape areas will be swept and inspected for hazards or deficiencies weekly.
All grass clippings and other debris from maintenance tasks will be removed the same day they occur. All hardscape areas will be kept free of weeds.
3. All Decomposed Granite (DG) paths will be raked and leveled weekly and watered and tamped firm as needed. DG will be imported as needed throughout the year based upon park inspections. All imported DG will be leveled, watered in and tamped firm until capacity is reached. DG will be provided by the city.
4. Basketball, volleyball, and tennis nets shall be replaced by the Consultant as need.
Materials shall be supplied by the City.
VOLLEYBALL COURTS
The sand of the courts shall be rototilled on a bi-annual basis. If there are holes that were created at any given time, Consultant shall level out at the next maintenance visit. Nets shall be replaced by Consultant as needed. Materials shall be supplied by the City PLAYGROUNDS AND PICNIC AREAS Pour in place (PIP) surfacing shall be cleaned of any loose debris on a weekly basis. On a quarterly basis, porous surfaces shall be vacuumed to clear the permeable openings.
1. Playground surfacing in every playground will be raked and screened weekly as soon as possible prior to completing park policing.
2. Playground surfacing will be pulled into all low areas near swings, slides, etc. and leveled weekly.
3. Playground surfacing and other debris on all hardscape and protective surfaces will be swept up and removed.
4. Consultant will visually inspect all playground equipment weekly for any vandalism or other obvious damage and will repair or secure the area and immediately report the situation to the city.
5. The City shall contact manufacturer for warranty and/or will supply the parts needed for Consultant to make repairs. Consultant shall secure the area and will check regularly to ensure efforts to secure are intact.
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6. No pesticides will be used in any playground. Playgrounds will be kept free of weeds and other pests by mechanical methods only.
7. Playgrounds shall be inspected monthly using the City’s playground inspection template or the Consultant ’s template upon approval.
SITE SPECIFICATIONS
Finkbiner Park
Pine needles shall be blown off the roof of the Legion building and gutters are to be cleaned on a quarterly basis and additionally following wind events and/or prior to rainy season.
The Bandshell area and Picnic Sites with hardscape shall be pressure washed monthly.
Bandshell area turf shall be renovated once per year in April or May per the guidelines in this document under Turf Renovation. Fencing shall be provided by Consultant to ensure the area is isolated from pedestrian traffic.
Centennial Heritage Park
The entire site shall be kept weed free, from the gate on the west at the end of Mauna Loa Ave. to the end of the Citrus grove on the east.
South Hills Dog Park
On a weekly basis, the areas shall be monitored for feces and removed immediately. Any feces, toys or balls left behind shall be removed and discarded. The walking paths shall be monitored for holes and tripping hazards. Holes shall be filled with DG immediately.
Walking paths shall be free of mulch or other debris.
The dog areas shall be renovated twice a year during the entire months of April and November. The areas shall be closed to the public to allow the turf cultural practices to take place. Timeline of events and items to be addressed shall be coordinated with the Consultant and the city designee. The turf shall be renovated per the guidelines in this document under Turf Renovation. The small dog area shall be overseeded and the sod shall be replaced in the entire large dog area. If it is determined that sod is needed in barren areas within the small dog area, Consultant shall provide labor. City shall provide the materials for the renovation which include sod and seed only.
The artificial turf shall be pressure washed to remove any DG build up and to disinfect from urine smells, etc. during the renovation period. If infill is needed, organic types shall be used and provided by Consultant . Dog silhouettes on the fence, shade structure, and all benches shall also be pressure washed to ensure cleanliness. All DG and rock dust pathways shall be refreshed with water, stabilizer and compaction.
Louie Pompei Sports Park
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All hardscape within the park shall be swept clean or blown using a backpack blower on a weekly basis, including the plaza, dug outs, stadium seating and stairways. On a quarterly basis, hardscapes will be pressure washed, paying special attention to the BBQ area and stadium seating areas of all fields.
Field #3 consists of artificial turf with rubber infill. The Consultant shall maintain the field on a bi-weekly basis. Care for the synthetic turf requires use of a static brush for general infill leveling and to stand up grass fibers. A mechanical sweeper or other specialty synthetic turf cleaning equipment should be used to remove surface debris.
Metal, wire bristles and 6-wheel vehicles are prohibited from being used. The vehicle speed should be low and sharp turns must be avoided. High-wear areas will require additional attention. The surface should be brushed in several alternating directions in consecutive activities, but generally in the direction of the individual panels to avoid crossing over main stems. The optimum brush height depends on the model and type of equipment. The brush must not be set so low that it digs into the turf pile or backing thus damaging the turf. It is most effective to brush the surface when it is dry. Infill material will be replenished by Consultant on an annual basis but more often if needed. The City shall supply the materials.
Sandburg Park and Manooshian Park
Areas of maintenance are indicated on the included site plans for these two parks.
Irrigation is not included as part of the maintenance. The School District maintains all irrigation and controllers.
Track Maintenance
1. Tracks will be maintained to the satisfaction of the city designee.
2. Drain holes will be clear to allow for proper drainage.
3. Depressions caused by vehicles, bicycles, or foot traffic are to be filled and leveled. The city will provide the track surface material.
4. Track shall be leveled with a slight slope to allow drainage.
5. The track shall be cleared of weeds and litter once each week.
6. Track shall be leveled and dragged on the first Monday of each month.
Turf/Plants/Shrubs and Groundcover
These are to be maintained in accordance with the maintenance outlined in this scope of work.
Banks
1. Banks to be controlled are indicated on Site Plans for Sandburg Park and Manooshian Park.
2. Banks are to be weed free and clear of trash and debris.
3. The Consultant is to notify the school district and the City designee at least one week in advance of any spraying at these two sites.
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4. The Consultant shall be responsible for the trees and shrubs on the banks following the guidelines in the Maintenance of Trees and Shrubs section in this scope of work.
Drainage Sumps
1. The catch basins around the track areas shall be clear of debris to allow for free flow of water.
2. Drainage holes in the track shall be clear of debris to allow proper drainage.
3. Catch basin grates shall be clear of debris to allow proper drainage. Catch basins shall be flushed out once a year. There are 4 on the grass field and 4 on the outside of the track.
Par Course/Sand Box Areas
1. Par course areas shall be cleared of debris and weeds once a week.
2. Consultant shall inform the City within 24 hours if there is any damage caused to the par course equipment areas.
3. The Consultant shall replace at their own expense damaged par course equipment caused by Consultant ’s negligence.
4. Decomposed granite shall be raked evenly once each month.
Manooshian Park, Finkbiner Park and Crowther Teen Center Tennis Courts
All tennis courts shall be blown free of dust and debris weekly and kept weed-free at all times. The tennis courts shall be power washed bi-annually and all work is to be completed by 8:00 am. Excess water is to be pushed onto nearby landscaped areas or sucked up. There is to be no standing water left on the courts. The city designee shall be notified a minimum of two weeks in advance so that signage can be posted.
Bonnie Cove Trailheads Parking Area
Trash and weeds shall be controlled in the manner outlined in this document.
Specific plant material to be controlled in this area include mustard varieties. There is no irrigation, therefore the plants and trees must be watered manually in the manner outlined in this document; mulch application specifications also apply.
Big Tree Park
This tree’s buttress roots collect water after each rain event. Consultant shall remove this water immediately to avoid harboring insects and disease. Sponges shall be used to remove excess water.
RAIN & WIND EVENTS
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During rain events, mowing and all activities that would adversely impact soil conditions should be postponed. The Consultant shall be responsible for identifying any hazards and ensuring those hazards are mitigated within the scope of work. Standing water that collects and does not easily run off shall be pumped out.
A minimum of two, three-man crews shall remain in the City to patrol all sites and provide clean-up, remove downed limbs, clear drains etc.
TRAFFIC CONTROL
Consultant shall:
1. Perform all work, as required, according to most current Work Area Traffic Control Handbook (WATCH) manual.
2. Maintain clear ingress and egress areas including, but not limited to, sidewalks, vehicle travel lanes, driveways, etc. at all times unless the immediate work prohibits such clearance.
3. Not close or delineate traffic lanes between the hours of 7:00 a.m. and 7:00 p.m. without prior CDR authorization.
DAMAGE CONTROL
Consultant shall:
1. Protect materials, products, facilities, utilities, and the like against damage at all times during work performance.
2. Make repairs, at Consultant ’s sole expense, for Consultant -attributed damages within 24-hurs of the damage occurrence, except utility lines, which shall be repaired the same working day. Consultant ’s failure to make repairs with time allowance may cause the city to make the repairs and back-charge the Consultant , or deduct from invoices due, the repair costs, plus an administrative charge of 15%.
3. Verify and locate any underground systems (i.e., utility lines) and take all reasonable precautions when working in the designated work areas.
4. Contact underground alert at least two (2) working days prior to digging for line locations. Report any damage or problems immediately to the CDR. If Consultant discovers something unexpected, or a unique problem occurs, work must stop and immediately contact the city designee.
5. Do no perform any work upon private property without the consent of the property owner and the CDR.
6. When damage does occur, make repairs in accordance with the appropriate building codes and permits.
RIGHT OF WAY (ROW) WEED ABATEMENT
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Consultant is responsible for weed abatement of the main thoroughfares as well as various other streets. Maintenance typically includes the sidewalk out to the curb and gutter and ends where the gutter meets the asphalt. All areas are to be abated a minimum of four times per year, with some areas requiring more attention.
1. The ROW which includes the tree wells shall be free of weeds, leaves and debris.
2. Trash and illegal postings are to be removed from trees, lights post etc.
3. Weeding is to be done along fence lines, parkways, and tree wells.
4. Suckers and tree sprouts are to be removed from the trees.
5. Storm drains are to be cleared out making them free of any debris.
6. The city does not plant grass or any plant material in the parkways therefore, these things do not need to be maintained. Anything impeding foot traffic along the sidewalk shall be cut back to allow for a free path of travel.
WEED ABATEMENT + BRUSH CLEARING
The City’s goal is 100% clearance. All sites outline in this section shall be completely cleared of brush, weeds, debris etc. However, in cases where it is not feasible to clear the entire parcel, due to lack of accessibility, the below criteria may be used.
The Consultant shall complete clearance of all sites two times per year (April and September). The maintenance plan may include various methods such as mechanical, chemical, livestock etc.
1.01 All Trim any grass, groundcover and herbaceous weeds to no higher than three (3) inches above the ground.
1.02 All flammable fuels shall be removed in accordance with the direction given by the Los Angeles County Fire Department. CONSULTANT shall be responsible for the removal of any dry ground cover and shrubbery.
1.03 All flammable vegetation identified as a fire hazard shall be mowed or cut to a stubble height of three (3) inches, for thirty (30) feet around any structure or fifty (50) feet from high hazard areas (County of Los Angeles Fire Code 325.2.1(2), 325.2.2).
1.04 Thin remaining vegetation for the next one hundred seventy (170) feet, for a total of two hundred (200) feet, around any structure by clearing, trimming, thinning, pruning lower branches, and removing flammable vegetation. For high hazard areas, this distance can be increased to a maximum of 200 feet (County of Los Angeles Fire Code 325.2.1(2), 325.2.2).
1.05 Dry weeds, brush, and vegetation within two hundred (200) feet from a home or other structure and ten (10) feet from a road shall be pruned to maintain size and minimize potential fuel that may add to brush fires
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1.06. Specimen native trees, and shrubs, are permissible, provided that they do not form a means of transmitting fire to any structure (County of Los Angeles Fire Code 325.2.1(2).
All specimens shall be placed a minimum of fifteen (15) feet or three (3) times their diameter from other specimens, structures, or surrounding native brush.
1.07 Access roads shall be maintained with a minimum of ten (10) feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance to the sky. Trees overhanging fire access roads shall be maintained to provide adequate vertical clearance (County of Los Angeles Fire Code 325.10, 503.1.1, through 503.6).
1.08 It is required that all trees and shrubs shall be maintained free of dead wood and litter. Shrubs must be trimmed up from the ground one third of their height. Trees shall be trimmed up a minimum of six (6) feet or one third their height up to forty (40) feet.
1.09 Care shall be taken when trimming trees during the nesting season of native bird species. Upon discovery of a bird nest, contact the CITY designee for direction.
1.10 Proper fire suppression devices shall always be required on site by each crew working on this project.
1.11 All clippings must be hauled away at the end of each day or completion of the parcel.
1.12 CONSULTANT shall fully comply with weed abatement standards as determined by the Los Angeles County Department of Agricultural Commissioner/Weights and Measures.
LIVESTOCK MANAGEMENT
Livestock will be limited to sheep and goats depending on the targeted vegetation.
Livestock will be managed in accordance with CITY OF GLENDORA’s targeted grazing objectives.
2.01 Livestock Numbers: It is expected that livestock numbers within the grazing period, and on an identified grazing property, will approximate between 50 and 200 animals depending on Grazing Property size, forage availability and targeted grazing objective.
Livestock numbers and species or sheep/goat combinations may need to be adjusted by the Consultant and as agreed to by CITY OF GLENDORA based upon available forage and as needed to meet the grazing objectives as identified.
2.02 Saturated Soil Conditions – Levee Infrastructure: Grazing shall not be performed when soils are saturated, often following precipitation events where rainfall exceeds 0.5 inches over a 3-day period. Following a saturating rainfall event, the Consultant , in consultation with the Agency, shall take reasonable measures to ensure any levee, seepage berm or maintenance access road is not unduly damaged by livestock by temporarily reducing the size of the herd, and moving, or containing the herd to a prescribed, less sensitive location.
2.03 Livestock Health: All livestock utilized will be up to date on their vaccinations.
2.04. New Noxious Weeds: The Consultant , to the extent feasible, shall mitigate the possibility of introducing new noxious weeds onto any designated Grazing Property.
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2.05 Livestock Death: If any animal dies during the grazing season, it shall be disposed of offsite at a proper disposal facility within 2 hours or less.
2.06 Livestock Movement: If livestock are requested to be removed from or confined within the designated Grazing Property (e.g., in the case of a soil saturating precipitation event), the requirement will be accomplished within a two (2)-day period. If the Consultant is non-responsive to the Agency’s request, damages will be assessed and borne solely by the Consultant and the contract may be canceled with no refund of fees to the Consultant . Movement of livestock shall be by the most efficient means available.
No livestock shall be allowed or moved by foot on any public road or adjacent private property.
2.07 Public and Private Property: The Consultant shall respect public and private property boundaries at all times.
2.08 Livestock Trespass: The Consultant will be expected to observe and manage all livestock daily, or as appropriate, and remove or return trespass livestock as needed. All livestock are deemed trespass if Consultant ’s livestock are outside of designated Grazing Property or if other livestock are inside of the Grazing Property. The Lessee must respond to any request to move trespass livestock within 2 hours.
2.09 Fences and Gate: The Consultant shall use temporary electric fence to control livestock on and within designated Grazing Properties. The Consultant shall be responsible for maintenance and repair of all electric fences, gates, or other improvements within any designated Grazing Property. The Consultant will also be responsible for maintenance and repair of existing fences, gates or other improvements within any designated Grazing Property, prior to throughout the grazing period. All fences and boundary fences must be maintained to a level that will ensure livestock are confined to allowable areas prior to release of livestock and during period of use. The Consultant shall use electric fence or other means to exclude livestock from portions of the property, including sensitive habitats such as wetlands, stream channels and banks.
2.10 Livestock Watering: The Consultant shall be responsible for watering and providing watering infrastructure necessary for livestock operations within designated Grazing Properties. CITY OF GLENDORA will identify potential known water sources where present but is not responsible for ensuring water sources or availability.
2.11 Livestock Services Inspection: The Agency shall provide overall contract oversight, review and evaluation of this agreement and the Consultant s performance. The Consultant shall provide appropriate livestock (sheep/goats) and will follow the prescriptions of the Exhibits and any other mutual agreements to provide services or supplies that may become necessary. Livestock numbers may need adjustment by the Consultant based upon available forage and as needed to meet the grazing objectives of the designated Grazing Property.
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CITY OF GLENDORA LANDSCAPE MAINTENANCE STANDARDS
The following standards are referenced from the City of Glendora Landscape Maintenance Standards and rated as “Meets Standards”.
Section 1 Weekly Maintenance
1.1 All sites are to be maintained weekly unless otherwise discussed and agreed upon by the City in advance.
Section 2 Turf Maintenance
2.1 General Use Standard
2.1.1 All turf areas will be mowed on a weekly basis.
2.1.2 Turf will be healthy with an even surface and uniform, deep green color.
2.1.3 Turf will not exhibit bare spots.
2.1.4 Turf will be pest-free.
2.1.5 Shall be maintained in accordance with Turf Maintenance Section 2.2, Irrigation
2.2 Turf Care
2.2.1 Mowing
2.2.1.1Height of cut (in inches) for high-traffic grasses.
Turf Type Spring Height Summer Height
Perennial Rye 2.0” 2.5”
Tall Fescue 2.0” 3.0”
Bermuda 1.0” 1.5”
St. Augustine 2.0” 2.5”
Kikuyugrass 1.5” 2.5”
* If over seeded with perennial rye, keep at 2 inches.
2.2.2 Edging
2.2.2.1 Complete site edging of, curbs, planter beds, sprinklers, valve boxes, meter boxes, etc., shall be performed to ensure the site looks groomed and complete.
2.2.3 Verticut
2.2.3.1 To relieve thatch, turf is to be verticut/aerated in September/October before it is over seeded.
2.2.4 Weeds
2.2.4.1Turf shall be weed free at all times.
2.2.4.2 Cobblestone/hardscape shall be weed free at all times.
2.2.5 Reseeding or Sod Replacement
2.2.5.1Reseeding/over seeding or sod replacement shall be done at all turf sites in September/October and on an as needed basis to meet standards.
2.2.6 Fertilizer
2.2.6.1 Apply at a minimum, four times per year to maintain standard.
2.2.6.2 All applications to be balanced fertilizer with nitrogen, phosphorous, and potassium (NPK) based on site-specific soil analysis. Micronutrient applications may be applicable.
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2.2.6.3 Separate applications for trees, shrubs and flowers as needed to maintain standard.
Section 3 Irrigation
3.1 General
3.1.1 Shall be checked every week at each site to meet standard and not waste water.
3.1.2 All systems will comply with State and local laws regarding backflow prevention and protection of the public water system.
3.1.3 All controllers that are on the central system shall be used to their fullest programming capability.
3.1.4 Irrigation system monitored locally or by Rain Bird IQ Central Control Platform.
3.1.5 Irrigation preventative maintenance system checks shall be done as needed; all zones will be checked for operation, and repairs made immediately.
3.1.6 General inspections of turf and plant materials shall be done routinely for signs of stress or damage.
3.2 Delivery
3.2.1 Irrigation systems will deliver optimum water to each plant type at the lowest cost with maximum resource conservation.
3.2.2 Water will be delivered during non-use hours.
3.2.3 Each station shall be adjusted to meet the needs of the specific site unless authorized by the City, as well as, adjusted due to weather conditions.
Section 4 Disease and Pest Control
4.1 Turf, trees and landscaping shall be disease and pest free. Any signs of stress or damage to trees, turf or planting materials and/or a direct bother to the public or its safety, shall be corrected by utilizing one of the three (3) steps indicated:
Preventative ~ a scheduled chemical or cultural program designed to prevent significant damage.
Corrective ~ application of chemical or mechanical controls designed to eliminate observed problems.
Integrated Pest Management ~ withholding any controls until such time as pests demonstrate damage to plant materials, or become a demonstrated irritant or safety concern to the public, such as in the case of wasps, ants, gophers, etc.
Section 5 Beds, Hedges, and Ground Cover
5.1 General Standard
5.1.1 Fertilization, irrigation and cultivation (when applicable) shall be adjusted to serve the requirements of the plant species.
5.1.2 Shall be healthy, attractive plants that lend variety and interest to the landscape.
5.1.3 Bark mulch shall be placed around plants and maintained at a minimum once a year and on an as needed basis.
5.1.4 Beds, ground cover, and hedges shall be maintained to provide secondary functions such as barriers, animal habitat, or dust and erosion control.
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5.1.5 Irrigation timers shall be coordinated with scheduled use and maintained incompliance with Irrigation standards in Section 3.
5.1.6 Removal and Replacement
5.1.6.1 All failed or damaged plant materials shall be removed and replaced within thirty(30) days of notice, unless determined by the City to delay replacement. The replacement plant shall be the same size and species as the damaged or failed plant, if possible. The City shall approve replacement of plant materials not meeting these specifications.
5.1.7 Litter and Debris Removal
5.1.7.1 All plant beds shall be maintained free of trash and debris at all times.
5.1.8 Weed Control
5.1.8.1 Plant beds shall be free of weeds and shall be weeded as needed to meet standard.
5.1.9 Trimming
5.1.9.1 All shrubs shall be pruned as needed to meet the intent of the landscape design. Ground cover shall be edged as needed to keep plant growth from extending beyond curbs, sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk.
5.2 Flower Beds
5.2.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 5.
5.2.2 Show no blank spots during season without authorization from the City.
5.2.3 Maintained in compliance with Section 4 related to Disease and Pest Control.
5.2.4 Dead heads, blank spots, and other defects shall not detract from decorative nature of the plantings.
5.2.5 Plantings shall be rotated as needed, to continue color and interest.
Minimally, on a seasonal schedule in areas of high use or high visibility and semi-annually in low use, low visibility areas.
5.2.6 Irrigation timers shall be coordinated with scheduled use and maintained in compliance with Irrigation standards in Section 3.
5.3 Shrub Beds, Hedges, and Ground Cover
5.3.1 Shall be maintained in accordance with the standards listed in Beds, Hedges, and Ground Cover Section 7.
5.3.2 Maintained in compliance with Section 4 related to Disease and Pest Control.
5.3.3 Shall be free of invasive shrub and tree species.
5.3.4 Irrigation timers shall be coordinated with scheduled use and maintained in compliance with Irrigation standards in Section 3.
Section 6 Trees
6.1 General Standards
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6.1.1 Shall provide shade, wind breaks, sound attenuation, and otherwise enhance he park setting.
6.1.2 Maintained in compliance with Section 4 related to Disease and Pest Control, and
Section 3 related to Irrigation standards.
6.1.3 Trees shall conform to the general shape and height of the species:
significantly deformed specimens shall be removed.
6.1.4 Weed Control
6.1.4.1 Mechanical grass trimming around trees shall be accomplished in way that will not scar the trunk in any way. No chemical removal of turf and eds is permissible under drip line.
6.1.5 Mulching
6.1.5.1Bark mulch shall be placed around tree and maintained on an as needed basis.
6.1.5.2Well defined radius around the tree, free of weeds and turf – minimum three (3) foot radius, maintaining one to two (1-2) inch clearance from the perimeter of the trunk.
6.1.5.3Mulch shall be replaced as needed at Laxford
6.1.5.4Wood mulch shall be replaced as needed at the Glendora & Foothill and Glendora & Bennett Planters.
6.1.6 Trimming
6.1.6.1 Tree limbs shall be at a safe height for the uses anticipated in the vicinity.
6.1.6.2 Trees shall not exhibit broken or cracked limbs or other structural damage, and all suckers shall be removed.
6.1.8 Staking
6.1.8.1 Young trees should be properly staked to assist in support until roots are firmly established, especially in wind prone areas. Once firmly established, stakes shall be removed with no protrusion above ground. Trees must be straight.
6.1.8.2 Ties on the stakes shall be checked periodically to ensure they are adjusted properly.
6.1.8.3Tight or damaged ties or stakes shall be replaced or repaired.
End of Scope of Services
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
1. City waives any requirement for the posting of a performance bond.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all sites describing the work performed, the number of hours worked, and the rate.
B. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
II. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
LANDSCAPE MAINTENANCE BUDGET & CONTRACT FY 22-23 & BEYOND 4-Year Term
SERVICES ACCOUNTS ANNUAL AMOUNT BID AMOUNT
Contract Services Parks 001.6582.59100 $ 699,576 $ 2,798,304 Open Space Weed Abatement 001.6582.59100.28 $ 87,524 $ 350,096 Contract Services Trees 001.6584.59100 $ 19,044 $ 76,176 Highland/Oak Knoll 1 202B.56500.01 $ 3,396 $ 13,584
GMR/Palm Drive 4 202B.56500.03 $ 3,396 $ 13,584
Hampton/Sunflower 5 202B.56500.05 $ 3,396 $ 13,584
Loraine/ Palm Dr. 7 202B.56500.13 $ 3,396 $ 13,584
GMR/ Boulder Springs 8 202B.56500.08 $ 3,396 $ 13,584
Hidden Springs 16 202B.56500.19 $ 3,396 $ 13,584
Gas Tax (medians) 205.6584.56500 $ 114,852 $ 459,408
ROW Weed Abatement 205.6584.56500 $ 5,604 $ 22,416
BID 231.4390.56500 $ 5,112 $ 20,448
Transportation 255.6584.56500 $ 6,804 $ 27,216
Water Sites 531.6582.59100 $ 18,337 $ 73,348
531.6571.59100 $ 54,251 $ 217,004
531.6584.59100 $ 36,000 $ 144,000
Total Amounts: $ 1,031,480 $ 4,125,920
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EXHIBIT“D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the frequency outlined in the RFP.
A. Initial schedule to be provided within two weeks.
B. Complete annual schedule to be provided within 30 days.
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AWARD THE AGREEMENT FOR LANDSCAPE MAINTENANCE
& WEED ABATEMENT TO MARIPOSA LANDSCAPES INC. IN
THE AMOUNT OF $1,031,480 PER YEAR, FOR 4 YEARS, IN
A TOTAL AMOUNT OF $4,125,920.
Public Works Department
City Council
June 28, 2022
Andrea Miller, Landscape/Contracts Supervisor CityOfGlendora.org Item #22. Page 137
Meeting Date: 6/28/2022 / Packet Page #: 820
Background – Landscape Maintenance
2 • Contract Awarded June 12, 2018, for $807,264 /
$201,816 annually
• Contract Expires - End of FY21-22
• Four Amendments to Increase Scope of Services
Item #22. Page 138
Meeting Date: 6/28/2022 / Packet Page #: 821
Background – Weed Abatement
• Contract Awarded July 9, 2019, for $110,800
• Temporarily extended due to COVID-19 Pandemic
• $71,730 was expended in FY 21-22
3 Item #22. Page 139
Meeting Date: 6/28/2022 / Packet Page #: 822
RFP - Timeline
4 • RFP was Released April 7, 2022
• Mandatory Pre-Bid Meeting Held on April 19, 2022
• Bid Opening held on May 3, 2022
Item #22. Page 140
Meeting Date: 6/28/2022 / Packet Page #: 823
Bids Received
5 Bidder
Annual Bid
Amount
Total 4-Year Bid
Amount
Mariposa Landscapes, Inc. $1,031,480 $4,125,920
Orozco Landscape & Tree Company $1,047,800 $4,191,200
Nieves Landscape, Inc. $1,125,324 $4,501,296
Priority Landscape Services, LLC. $1,251,790 $5,007,160 Albarca Landscape Company $1,550,422 $6,201,688
Item #22. Page 141
Meeting Date: 6/28/2022 / Packet Page #: 824
Increased Services
6 • Landscape Maintenance of 21 additional Water
Division Sites.
• City Maintained Right-Of-Way Weed Abatement
• Contract To Go From July 1, 2022 - June 30, 2026
Item #22. Page 142
Meeting Date: 6/28/2022 / Packet Page #: 825
Fiscal Impact
FY 2022-23 Fund-Account Amount
001-6582-59100 Parks Contract Services $711,492
001-6582-59100 Parks Contract Weed Abatement $87,524
001-6584-59100 Trees Contract Services $19,044
205-6584-56500 Gas Tax Landscaping $120,456
202B-56500.01 Highland Dr./Oak Knoll Dr. Assessment Site $3,396 202B-56500.03 Glendora Mountain Rd./Palm Dr. Assessment Site $3,396 202B-56500.05 Hampton St./Sunflower Ave. Assessment Site $3,396 202B-56500.08 Glendora Mountain Rd./Boulder Springs Dr. Assessment Site $3,396 202B-56500.13 N. Loraine Ave./Palm Dr. $3,396
202B-56500.19 Hidden Springs Ln. Assessment Site $3,396 531-6570-59100 Water Transportation and Distribution Contract Services $72,588 Total $1,031,480
7 Item #22. Page 143
Meeting Date: 6/28/2022 / Packet Page #: 826
8 RECOMMENDATIONS
1. Award a Contract Services Agreement for Landscape Maintenance & Weed Abatement to Mariposa Landscape, Inc. in the amount of $1,031,480 per year, for 4 years, in a total amount of $4,125,920, with options for City Council to approve up to three 1-year extensions; and
2. Authorize the City Manager or his designee to execute the Agreement.
That the City Council:
Item #22. Page 144
Meeting Date: 6/28/2022 / Packet Page #: 827
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: PUBLIC WORKS DISTRICT(S): 4
SUBJECT: AWARD A CONTRACT AGREEMENT TO ACCO ENGINEERED SYSTEMS FOR
REPLACEMENT OF CHLORINE METERING PUMPS AT SAN GABRIEL DISINFECTION PLANT AND CITY OF GLENDORA - WATER YARD IN THE AMOUNT OF $320.205.69 (STRATEGIC PLAN ITEM 46-IMCIF)
RECOMMENDATION
That the City Council:
1. Adopt a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) of the California Code of Regulations;
2. Award an agreement with ACCO Engineered Systems for replacement of chlorine metering pumps at San Gabriel Disinfection Plant and City of Glendora – Water Yard in the amount of $320,205.69;
3. Authorize the City Manager or his designee to execute the agreement with ACCO Engineered Systems, including minimal and/or non-substantive changes; and
4. Authorize the Public Works Director to execute any necessary change orders in an amount of $32,020.57, not to exceed 10% of the original contract amount.
EXECUTIVE SUMMARY
As a participating agency of the Sourcewell cooperative purchasing organization, the City of Glendora can utilize Sourcewell agreements under applicable State and Local regulations.
ACCO Engineered Systems (ACCO) currently holds a competitively bid indefinite-quantity construction (IQC) agreement for the Southern Coastal & Interior Region with Sourcewell. Sourcewell contracts with Gordian to administer and facilitate the use of these types of agreements under what Sourcewell terms their ezIQC® program. The City pays no fees to and does not contract directly with Gordian as part of these liaison services.
Staff procured a proposal from ACCO to replace chlorine metering pumps for a total amount of $320,205.69 (Attachment B). Staff recommends City Council award a contract agreement to ACCO in this amount (Attachment C), adopt a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations (Attachment A), and authorize identified staff to execute the agreement and any necessary change orders in an amount not to exceed 10% of the original contract amount.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Per California Government Code §6502 regarding Joint Powers Agreements, “if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.”
Per Glendora Municipal Code (GMC) Section 2.40.050(4), “Purchases made at contract prices awarded Item #23. Page 1
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Staff Report Page 2 of 3
by federal or state governments or by any political subdivision thereof or pursuant to a cooperative purchasing agreement” are exempt from GMC Sections 2.40.070 and 2.40.080 regarding informal purchasing and formal contract procedures, respectively.
As a participating agency of Sourcewell (Member ID#94382), Glendora can legally utilize Sourcewell agreements.
ACCO was awarded a competitively bid IQC agreement for the Southern Coastal Region – Mechanical with Sourcewell on July 10, 2018 (Attachment D), with an initial term of 1-yr, and 3 additional 1-yr term renewal options, two of which have been executed to date (Attachments E & F). The current extension is active through July 9, 2022. Sourcewell contracts with Gordian to administer and facilitate the use of these types of agreements under what Sourcewell terms their ezIQC® program. The City pays no fees to and does not contract directly with Gordian as part of these liaison services.
DISCUSSION
On June 19, 2021, there was an incident of chlorine spills at the San Gabriel Disinfection Plant that damaged all five (5) chlorine metering pumps, which resulted in the facility’s shutdown for several weeks.
Staff carried out immediate corrective actions to rectify the incident promptly to control the leaks and prevent any harmful damage to the environment. The City purchased two (2) chlorine metering pumps to restore San Gabriel Disinfection Plant operation while the other three (3) pumps are still out of service.
Furthermore, as part of the effort to proactively prevent similar incidents in the future, an assessment was done to evaluate all the chlorine metering pumps’ conditions at the City of Glendora- Water Yard. All three (3) pumps at Water Yard were installed in 2004, and their useful life spans are from 10 to 15 years with proper maintenance. Since the chlorine metering pumps at Water Yard have already reached their useful lifespan limit, pump replacement is recommended that will help to modernize existing pumps.
As a result, eight (8) chlorine pumps need to be purchased, including two (2) pumps for standby purposes. After discussing the project, Gordian confirmed that it was a project suitable for the ezIQC® program and connected staff with ACCO as the vendor to provide a proposal. Staff conducted site visits with representatives from both Gordian and Horizons, reviewed the scope of necessary work, and discussed what they needed to include in their proposal.
ACCO’s proposal of $320,205.69 includes the replacement of chlorine metering pumps and skid at the San Gabriel Disinfection Plant and Water Yard. The services provided by ACCO also include equipment delivery and installation, demolition of existing pumps and skids systems, HVAC installation, and electrical connections. This project will help to reduce maintenance costs and downtime while improving the working efficiency and safety of the treatment system. Additionally, a new set of chlorine metering pumps of the same kind will provide uniformity and ease of maintenance between both facilities.
Due to the nature of this project, the staff is respectfully requesting that a 10% ($32,020.57) contingency be added to the contract in the event that unforeseen conditions arise during construction. Staff expects the budget for the project to be $352,226.26. The remaining budget will be used to upgrade SCADA control and will be recommended to City Council at a future date with proper fund appropriation if necessary.
FISCAL IMPACT
Funding for this project was included in the Fiscal Year 2021-22 Mid-cycle adopted budget in the Water CIP (Fund 530). Available funding for this project is $386,180.00, which is sufficient to fund the project.
Chlorine Metering Pump Replacement Plan 1366
FY 2021-2022 MidCycle, F530 (Water CIP) $ 386,180.00
Total Fund Requested $ 386,180.00
Chlorine Pump Replacement ($ 320,205.69)
Requested Contingency - 10% ($ 32,020.57)
Item #23. Page 2
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Staff Report Page 3 of 3
Total Project Anticipated Expenditures ($ 352,226.26)
Remaining Budget $ 33,953.74
ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15302(c). The Notice of Categorical Exemption is attached for City Council as Attachment A.
Prepared By Dinh Anh Mai, Associate Civil Engineer
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 Jeff Kugel, Community Development Director
ATTACHMENTS:
A. Notice of Exemption
B. ACCO - Proposal
C. Glendora - ACCO Agreement
D. Sourcewell - ACCO Indefinite Quantity Construction Agreement E. Sourcewell - 1st Annual Renewal (2019)
F. Sourcewell - ACCO Current Annual Renewal
G. Chlorine Pump Replacement - Presentation
Item #23. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 830
rvp7/3/97
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: Chlorination Metering Pump Replacement, Plan No Project Location: San Gabriel Disinfection Plant and Water Yard – City of Glendora 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-7 Single Family Estate
Project Description: The project involves replacing chlorine metering pumps within the facilities.
Surrounding Land Uses and Setting: Surrounding land uses include 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 2- Replacement or Reconstruction
Section: 15302(c)
Statutory Exemption. Code Number:
Reasons why project is exempt: The project only replaces existing chlorine metering pumps within the facilities without any expansion.
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 June 28, 2022
Date:
Michael Mai, Associate Civil Engineer (626) 914-8257
Item #23. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 831
PROJECT LOCATION MAP
City of Glendora – Water Yard
1051 Sierra Madre Ave, Glendora, CA 91741
San Gabriel Disinfection Plant
625 Hidden Valley Dr, Azusa, CA 91720
Item #23. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 832
Work Order Signature Document
EZIQC Contract No.: CA-REN-SCR-M01-062718-AES
City of Glendora - pumps and skid replacement
New Work Order
099936.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
01/05/2022
Contractor Name: ACCO Engineered Systems
Phone: 424-201-0153
Contact: Andy Lufkin
Owner Name: City of Glendora
Contact: Chisom Obegolu
Phone: 626-852-5222
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 ezIQC Contract No CA-REN-SCR-M01-062718-AES.
Brief Work Order Description:
Contractor to develop.
Will not apply: Liquidated Damages Will apply:
Estimated Completion Date:
Time of Performance Estimated Start Date:
X
Work Order Firm Fixed Price: $320,205.69
Owner Purchase Order Number:
Approvals
Owner Date Contractor Date
2.00