Agenda packet — Glendora City Council, January 10, 2023 (part 2 of 4)

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 67
Meeting Date: 1/10/2023 / Packet Page #: 299
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 68
Meeting Date: 1/10/2023 / Packet Page #: 300
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 69
Meeting Date: 1/10/2023 / Packet Page #: 301
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 70
Meeting Date: 1/10/2023 / Packet Page #: 302
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 71
Meeting Date: 1/10/2023 / Packet Page #: 303
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 72
Meeting Date: 1/10/2023 / Packet Page #: 304
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 73
Meeting Date: 1/10/2023 / Packet Page #: 305
01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

DocuSign Envelope ID: 4C144CE3-DAE2-4239-91D4-B3DF88FFC178 Item #10. Page 74
Meeting Date: 1/10/2023 / Packet Page #: 306
01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

GLENDORA

CITY OF

NO FIELD CHANGES
R
Know what's below.

Call before you dig.

THE CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (USA) AT 811, 48 HOURS PRIOR TO EXCAVATION. NO EXCAVATIONS SHALL BEGIN PRIOR TO THE MARKING OF UTILITY LOCATIONS.

1. IT IS THE CONTRACTORS RESPONSIBILITY TO PROVIDE WORKSITE TRAFFIC CONTROL TO MAINTAIN TRAFFIC

OPERATION AND SAFETY DURING CONSTRUCTION BY USING THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD), LATEST EDITION. THE CONSTRUCTION STAGING AND WORKSITE TRAFFIC CONTROL PLAN SHALL BE SUBMITTED TO THE CITY PRIOR TO CONSTRUCTION.

3. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ASCERTAIN THE LOCATION OF SUCH UNDERGROUND IMPROVEMENTS OR FACILITIES PRIOR TO DOING WORK THAT MAY DAMAGE OR INTERFERE WITH THEIR SERVICE.

2. TRAFFIC IMPROVEMENT GENERAL NOTES

STREET IMPROVEMENT GENERAL NOTES

GENERAL NOTES

1. ALL APPLICABLE "CITY OF GLENDORA STANDARD DESIGNS & SPECIFICATIONS, LATEST REVISIONS, ARE HEREBY MADE A PART OF THIS PLAN AND ALL STREET IMPROVEMENTS SHALL BE IN ACCORDANCE WITH SAME.

3. PAVEMENT SHALL CONSIST OF--- ASPHALT CONCRETE ON --- INCHES AGGREGATE BASE USING TYPE C2-AR-4000 PAVING GRADE ASPHALT.

4. ASPHALT CONCRETE PAVING SHALL BE LAID IN COURSES NOT TO EXCEED 4 INCHES IN THICKNESS, THE BASE COURSE USING 3 4 INCH MAXIMUM SIZE
AGGREGATE AND THE SURFACE COURSE USING 1
2 INCH MAXIMUM SIZE AGGREGATE, UNLESS NOTED.

5. THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND MONUMENTS OF EVERY NATURE, WHETHER SHOWN HERON OR NOT, AND PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OR REPLACEMENT OF UTILITIES AND MONUMENTS DAMAGED OR DESTROYED.

7. ALL ASPHALT CONCRETE STREET SURFACES SHOWN HERON SHALL BE SEAL-COATED, WHEN DIRECTED BY THE CITY ENGINEER, FULL WIDTH USING AN APPROVED TYPE SS-1H EMULSION WITH NO MORE THAN 50% WATER ADDED. A TRUCK MOUNTED SPRAY BAR SHALL BE UTILIZED FOR SPREADING.

2. THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", LATEST EDITION, IS HEREBY MADE A PART OF THIS PLAN.

6. ALL CONCRETE SHALL BE CLASS 520-C-2500 (5-1/2 SACK MIX) AND SHALL BE CURED WITH TYPE 1 (CLEAR) CURING COMPOUND IMMEDIATELY AFTER FINISHING.

8. THE CONTRACTOR SHALL COORDINATE ALL SIGN INSTALLATIONS WITH THE CITY ENGINEER PRIOR TO SIDEWALK INSTALLATION.

9. AN APPROVAL SOIL STERILANT SHALL BE UNIFORMLY APPLIED IN ALL AREAS TO BE PAVED UNDER THE DIRECTION OF THE CITY ENGINEER.

10. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING MAILBOX BLOCK-OUT LOCATIONS WITH THE U.S. POSTAL SERVICE PRIOR TO SIDEWALK INSTALLATION.

12. THE CONTRACTOR SHALL AT ALL TIMES MAINTAIN ALL PROPER BARRICADING, DUST CONTROL, TRAFFIC CONTROL, SHORING AND SAFETY MEASURES OF EVERY NATURE.

11. THE CONTRACTOR SHALL WARRANTY ALL WORK FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF FINAL ACCEPTANCE BY THE CITY AND SHALL

BE RESPONSIBLE FOR THE REPAIR AND OR REPLACEMENT OF ALL FAILURES DETERMINED BY THE CITY ENGINEER TO BE CAUSED BY WORKMANSHIP OR SUBSTANDARD MATERIALS.

13. THE CONTRACTOR SHALL MAKE APPLICATION TO THE CITY OF GLENDORA AND OBTAIN A HYDRANT METER PRIOR TO COMMENCEMENT OF CONSTRUCTION.

15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING THE INSTALLATION OF WATER PIPELINES AND APPURTENANCES WITH THE WATER MANAGER.

14. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS FROM THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT AND AFFECTED AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCTION.

16. 24 HOUR NOTIFICATION IS REQUIRED FRO ALL PUBLIC WORKS INSPECTIONS. CONTACT THE CITY OF GLENDORA PUBLIC WORKS DEPARTMENT, MONDAY THROUGH THURSDAY (EXCLUDING HOLIDAYS), 8:00 A.M. TO 5:00 P.M, AT (626) 914-8246..

18. ANY CHANGES FROM THE PLAN, STANDARD NOTES,STANDARD DESIGNS OR SPECIFICATIONS SHALL BE CONSIDERED NON-CONFORMING UNLESS APPROVED IN WRITING BY THE CITY ENGINEER PRIOR TO INSTALLATION.

17. THE CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN CONFORMING TO THE CITY OF GLENDORA TRAFFIC CONTROL REQUIREMENTS, S.D. & S.NO.1.17.

19. INSTALLATIONS NOT CONFORMING TO THE "CITY OF GLENDORA STANDARD DESIGNS AND SPECIFICATIONS" SHALL BE REMOVED, REPLACED AND OR CORRECTED AT THE CONTRACTOR'S EXPENSE, AS DIRECTED BY THE CITY ENGINEER.

1. TRAFFIC SIGNAL, LIGHTING, STRIPING AND MARKINGS SHALL CONFORM TO THE CALTRANS STANDARD SPECIFICATIONS (LATEST EDITION),

STANDARD PLANS (LATEST EDITION), CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA-MUTCD) (LATEST EDITION) UNLESS OTHERWISE NOTED ON THE PLAN OR SPECIAL PROVISIONS.

2. ALL MATERIAL AND EQUIPMENT SHALL BE FURNISHED AND INSTALLED BY CONTRACTOR.

3. ALL SIGNAL EQUIPMENT SHALL BE WIRED IN ACCORDANCE WITH THE PROPOSED SIGNAL PHASE DIAGRAM.

4. ALL WIRING SHALL BE MARKED (TAGGED) WITHIN THE CONTROLLER CABINET FOR PHASE IDENTIFICATION.

5. (X-X-X) INDICATES VIDEO DETECTION ZONE ASSIGNMENT IN THE CONTROLLER CABINET. ALL DETECTION ZONES SHALL BE CENTERED IN

THE MIDDLE OF THE LANE AND FRONT DETECTION ZONE SHALL BE PLACED BEHIND THE EDGE OF THE CROSSWALK OR LIMIT LINE, UMLESS OTHERWISE NOTED.

6. ALL NEW VEHICLE INDICATIONS SHALL BE 12" L.E.D. (LIGHT EMITTING DIODE).

7. ALL NEW PEDESTRIAN HEADS SHALL BE COUNTDOWN L.E.D.(LIGHT EMITTING DIODE).

8. ALL NEW PEDESTRIAN PUSH BUTTONS SHALL BE INSTALLED IN CONFORMANCE WITH ADA REQUIREMENTS.

9. ALL NEW PULL BOXES SHALL BE NO. 6 UNLESS SHOWN OTHERWISE.

10. CONTRACTOR SHALL OBTAIN APPROVAL FROM CITY INSPECTOR FOR EXACT EQUIPMENT LOCATIONS PRIOR TO FINAL PLACEMENT.

11. THREE-CONDUCTOR CABLE (3CSC) AND TWELVE-CONDUCTOR CABLE (12CSC) SHALL BE INSTALLED IN LIEU OF INDIVIDUAL CONDUCTORS.

NO OTHER TRAFFIC SIGNAL (TS) MULTI CONDUCTOR CABLE WILL BE ACCEPTED UNLESS OTHERWISE APPROVED BY THE ENGINEER.

12. ALL NEW UNDERGROUND CONDUITS SHALL BE SCHEDULED 80 PVC, CONFIRMING TO 700.3.5.4 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION UNLESS OTHERWISE APPROVED BY THE ENGINEER.

13. LOCATION OF ALL UNDERGROUND UTILITIES ARE APPROXIMATE. IT IS CONTRACTORS RESPONSIBILITY TO ASCERTAIN THE EXACT LOCATION OF THE UNDERGROUND FACILITIES PRIOR TO DOING WORK THAT MAY DAMAGE OR INTERFERE WITH THEIR SERVICE. CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT BY DIALING 811 (48) HOURS PRIOR TO ANY EXCAVATION.

14. ALL TRAFFIC LINES AND MARKINGS SHALL BE INSTALLED WITH TWO-COAT PAINT, RAISED PAVEMENT MARKER, (OR THERMOPLASTIC) BY THE CONTRACTOR, UNLESS OTHERWISE NOTED.

15. ALL CONFLICTING LINES AND MARKING SHALL BE REMOVED BY WET SANDBLASTING AND INCLUDES REMOVAL OF RAISED PAVEMENT MARKERS, AND FINISHED WITH ASPHALT EMULSION SEALER.

16. EXISTING RAISED PAVEMENT MARKERS DAMAGED DURING REMOVAL SHALL BE REPLACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE AGENCY.

17. LINE WIDTHS SHALL BE MEASURED BETWEEN THE CENTERLINES OF EACH ADJACENT SINGLE OR DOUBLE STRIPE OR TOP OF CURB AS APPROPRIATE.

18. INDICATES PROPOSED VIDEO DETECTION ZONE.

19. INDICATES PROPOSED RADAR DETECTION ZONE.

BENNETT AVE

PROJECT LOCATION MAP

NOT TO SCALE

VICINITY MAP

NOT TO SCALE

BASELINE RD
I-210
HISTORIC RTE. 66

LEADORA AVE

SIERRA MADRE AVE

BENNETT AVE

FOOTHILL BLVD BARRANCA AVE CITRUS AVE BARRANCA AVE VALENCIA ST GRAND AVE TRAYER AVE GLENDORA AVE LIVE OAK AVE GLENWOOD AVE GRAND AVE WESTRIDGE AVE BENDER AVE WASHINGTON AVE PENNSYLVANIA AVE INTERSECTION OF S. GRAND AVENUE AND E. BENNETT AVENUE

TRAFFIC SIGNAL MODIFICATION PLAN

SHEET INDEX
1 TITLE SHEET
2 3

STREET IMPROVEMENT

TRAFFIC SIGNAL MODIFICATION
SUBSTRUCTURE NOTICES:

SOUTHERN CALIFORNIA EDISON

WATER SERVICE
SOUTHERN CALIFORNIA GAS CO.

CHARTER COMMUNICATIONS

FRONTIER
SANITATION DISTRICTS OF LOS ANGELES COUNTY.

LA COUNTY FLOOD CONTROL DISTRICT
(909) 592-3739
(626) 914-8256
(877) 238-0092
(626) 430-3522
(562) 437-6520
(626) 445-7630
(626) 813-4512
51197
10/13/2022
Item #10. Page 76
Meeting Date: 1/10/2023 / Packet Page #: 308
BENNET AVENUE CL 40' 40'
TS
TS

GLENDORA

CITY OF

NO FIELD CHANGES
R
Know what's below.

Call before you dig.
10 5 0 10 20
100% SUBMITTAL

NOT FOR CONSTRUCTION

BENNETT AVENUE GRAND AVENUE

CONSTRUCTION NOTES
51197
10/13/2022
Item #10. Page 77
Meeting Date: 1/10/2023 / Packet Page #: 309

GLENDORA

CITY OF

NO FIELD CHANGES
R
Know what's below.

Call before you dig.
20 10 0 20 40
100% SUBMITTAL

NOT FOR CONSTRUCTION

GRAND AVENUE BENNETT AVENUE

CONDUCTOR SCHEDULE
51197
10/13/2022
Item #10. Page 78
Meeting Date: 1/10/2023 / Packet Page #: 310
Specifications for
Grand Avenue and Bennett Avenue Traffic
Signal Modification-Left Turn Phasing
Plan No. 1351

FOR USE IN CONNECTION WITH THE

STANDARD SPECIFICATIONS FOR PUBLIC

WORKS CONSTRUCTION, LATEST EDITION

BID OPENING
NOV 17, 2022
10:00 A.M
Alison Sweet, P.E.

City Engineer RCE 51197 Date Approved
10/13/2022
Item #10. Page 79
Meeting Date: 1/10/2023 / Packet Page #: 311
Item #10. Page 80
Meeting Date: 1/10/2023 / Packet Page #: 312

TABLE OF CONTENTS

DEFINITION SECTION

NOTICE INVITING BIDS I

INSTRUCTIONS TO BIDDERS II

PROPOSAL III
• BID PROPOSAL Part 1
• NON-COLLUSION AFFIDAVIT Part 1
• UNIT PRICE LIST Part 2

BID BOND IV

CONTRACT AGREEMENT V

GENERAL CONDITIONS VI

ESCROW AGREEMENT IN LIEU OF RETENTION VII

SPECIAL PROVISIONS VIII
• DESCRIPTION OF PAY ITEMS Part 1
• TECHNICAL SPECIFICATIONS Part 2

NPDES REQUIREMENTS IX

COVER SHEET AND VICINITY MAP X

STANDARD DRAWINGS XI

SITE INVESTIGATION GEOTECHNICAL REPORT XII

ALPHABETICAL INDEX
* IMPORTANT - PLEASE NOTE *

CITY OF GLENDORA BOND FORMS AND ESCROW AGREEMENT CONTAINED IN THIS BID PACKAGE MUST BE USED BY BIDDERS.

AN EXTRA SET OF BID PROPOSALS AND BID BONDS HAVE BEEN INCLUDED FOR YOUR USE IN RETURNING THE BIDS.

Item #10. Page 81
Meeting Date: 1/10/2023 / Packet Page #: 313
Revised 09/2018

NOTICE INVITING BIDS

SECTION I

Page 1 ends

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Glendora, County of Los Angeles, California (hereinafter "City") will receive and accept sealed bids ONLY via the online electronic bid service, www.questcdn.com , until 10:00 a.m. on Thursday, November 17, 2022, for: Grand Avenue and Bennett Avenue Traffic Signal Modification-Left Turn Phasing, Plan No. 1351 (hereinafter "work").

NO BIDS WILL BE ACCEPTED AFTER THIS DATE AND TIME!
Each BID must conform and be responsive to all requirements set forth in the BID. In order to purchase and download project plans and specifications, bidders will need to register with the provider of this service, Quest Construction Data Network. Bid documents can be downloaded electronically for a non-refundable fee of $20.00 by providing Quest CDN Project Number XXXXXXX on the Project 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 bid documents or for project information, please contact Civil Engineering Assistant, Abel Paguio at (626) 852-4828 or [email protected].

THE CITY OF GLENDORA HAS IMPLEMENTED ONLINE PROJECT BIDDING USING THE QUEST CONSTRUCTION DATA NETWORK. IN ORDER TO BE CONSIDERED A QUALIFIED BIDDER, THE ONLINE BID

MUST BE COMPLETED AND SUBMITTED, ALL ADDENDA ACKNOWLEDGED AND ACKNOWLEDGEMENT UPLOADED TO THE SITE, AND A COPY OF THE BID BOND OR COPY OF CASHIER’S CHECK OR SURETY2000 AUTHORIZATION CODE UPLOADED TO THE SITE THROUGH WWW.QUESTCDN.COM.

NO ORAL, FACSIMILE OR TELEPHONIC BIDS OR ALTERATIONS WILL BE CONSIDERED.

Each bidder shall submit with its bid a pdf copy of the original bid bond, or a pdf copy of a cashier's check drawn on an acceptable bank, made payable, without condition, to the City of Glendora, California, in an amount of not less than ten percent (10%) of the total bid. Or, the Bidder may choose to provide a bid bond authorization code provided to them by Surety2000, which the Bidder shall keep in effect until the City gives written notice that it may be released. If the Bidder provides a pdf copy of a bid bond or a pdf copy of a certified cashier’s check, the original must be provided to the City after the bid opening and by the end of business of the fifth business day after the bid opening. The bid security shall be retained by the City until a contract for the project has been executed. Bid bonds will be returned or written notice of release will be given to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as their bids are rejected. In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.

Pursuant to California Labor Code Section 1770 et seq., copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft, classification and type of workman needed to execute the work are available to any interested person on the internet at www.dir.ca.gov and are hereby incorporated herein and made a part hereof as though set forth in full.

Pursuant to Labor Code section 1725 “NO contractor or subcontractor may be listed on a bid proposal for a construction project unless registered with the Department of Industrial Relations. In addition, section 1725.5 No contractor or subcontractor may be awarded a contract for public work on a construction project unless registered with the Department of Industrial Relations.

Pursuant to California Civil Code Section 3248, the successful bidder shall furnish to the City at the time of execution of the contract a payment bond in an amount equal to one hundred percent (100%) of the contract price. The successful bidder shall also furnish to the City at the time of execution of the contract faithful performance bond in an amount equal to one hundred percent (100%) of the contract price.

Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to insure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. 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
City of Glendora
Publish in SAN GABRIEL VALLEY EXAMINER (Ad Type: Legal): October 20 & 27, 2022 End Section I - Notice Inviting Bids
Item #10. Page 82
Meeting Date: 1/10/2023 / Packet Page #: 314

NOTICE INVITING BIDS

SECTION II

Page 1 ends

INSTRUCTIONS TO BIDDERS
WORK IDENTIFICATION: Grand Avenue and Bennett Avenue Traffic Signal Modification-Left Turn Phasing, Plan No.1351

1. Terms Defined

1.1 Terms used in these Instructions to Bidders, which are defined in the General Conditions, have the meaning assigned to them in the General Conditions.

1.2 The term "successful bidder" means the lowest, responsible bidder to whom the City makes an award of contract on the basis of the City's evaluation as hereinafter provided.

2. Copies of Contract Documents

2.1 Complete sets of Contract Documents may be purchased from the office of the City Clerk, as stated in the Notice Inviting Bids. Complete sets of Contract Documents shall be used in preparing bids. The bidder must satisfy for himself that he has received a complete set of Contract Documents. Neither the City nor its Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

3. Qualifications of Bidder

3.1 Before submitting a bid, the bidder shall be licensed to perform as prime contractor in accordance with the provisions of the Contractor's State License Law, California Business and Professions Code Section 7000 et seq. As evidence of such qualification, the bidder shall record on his Bid Proposal the number, classification and termination date of all necessary State licenses. Necessary City licenses may be secured after the bids are opened, but prior to executing the contract. [P.C.C. Section 3300 & B. & P. Code Section 7000 ET seq.]

3.2 In order for the City to determine the successful bidder, the bidder must be prepared to submit in writing, within five (5) days after being requested to do so by the City, such information and data as the City may request, including without limitation, financial data, and previous experience. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that the bidder is the lowest responsible bidder properly qualified to carry out the contract.

4. Examination of Contract Documents and Site

4.1 Before submitting a bid, the bidder must (i) examine the Contract Documents thoroughly, including without limitation the Agreement wherein each of the other Contract Documents is identified; (ii) visit the site and the locality where the work is to be performed to familiarize himself with local conditions that may in any manner effect the cost, progress or performance of the work in strict accordance with the Contract Documents; (iii) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contract Documents; and (iv) study and carefully correlate bidder's observations with the Contract Documents.

4.2 Pursuant to Public Contract Code Section 3400 and the Contract Documents, all specifications shall be deemed to include the words "or equal", provided however; permissible exceptions hereto shall be specifically noted in the specifications. [P.C.C. Section 3400]
Item #10. Page 83
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4.3 Reports, if any, of investigations and tests of subsurface and latent physical conditions at the work site or otherwise effecting cost, progress or performance of the work, which have been relied upon by the Engineer in preparing the drawings and specifications, are identified in the Special Conditions. City will make copies of such reports available to any bidder upon request. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his bid, the bidder shall, at his own expense, make such additional investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in strict accordance with the Contract Documents.

4.4 Upon request to the office of the City Engineer at 116 E. Foothill Boulevard, Glendora, (626) 914-8246, the City will provide each bidder access to the job site to conduct such investigations and tests as the bidder may deem necessary for submission of his bid.

4.5 The lands upon which the work is to be performed, rights-of-way for access thereto, and other lands designated for use by contractor in performing the work are identified in the Drawings or Specifications.

4.6 By submitting a bid, the bidder warrants that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

5. Interpretation

5.1 In the event of conflict between requirements as shown on the drawings and the specifications, the following order of precedence shall govern: drawings shall govern over specifications; special provisions shall govern over other parts of the specifications; and the specifications shall govern over any standard specifications incorporated by reference. In the event of any discrepancy between any drawings and the figures written thereon, the figures shall govern.

5.2 All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer in writing not less than five (5) days prior to the date for the opening of bids.

5.3 All interpretations shall be issued by written Addenda, which will be on file in the office of the City Engineer at 116 E. Foothill Boulevard, Glendora, CA 91741. In addition, Addenda shall be mailed to each bidder recorded by the City Clerk as having received the Contract Documents, but it shall be the bidder's responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under his bid as submitted.

5.4 Only interpretations issued by written Addenda will be binding; all such Addenda shall become part of the Contract Documents. Interpretations issued orally or by any means other than as specified in this Article 5 shall be without legal effect.

6. Bid Proposal

6.1 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 other modification of the Bid Proposal which is not specifically called for in the Contract Documents or the omission from the Bid Proposal of any information or response which is specially 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.

6.2 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.".

6.3 The Bid Proposal must be completed in ink or in typewritten form. The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

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6.4 The Bid Proposal must not contain any erasures, interlineations or other corrections, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname(s) of the person(s) signing the bid.

6.5 The Bid Proposal and each Attachment thereto shall be executed in the manner required by the hereinafter Article 12.

6.6 No person, including without limitation, any individual, partnership or corporation, shall make, file or be interested in more than one bid for the work unless alternate bids are specifically called for in the Specifications.

A person that has submitted a sub-bid to a bidder, that has quoted prices of materials to a bidder, is not disqualified from submitting a sub-bid or quoting price to other bidders or making a prime bid.

7. Submission of Bid

7.1 The bid shall be submitted within the time and at the place indicated in the Notice Inviting Bids.

7.2 Each bidder shall submit with its bid a pdf copy of the original bid bond, or a pdf copy of a cashier's check drawn on an acceptable bank, made payable, without condition, to the City of Glendora, California, in an amount of not less than ten percent (10%) of the total bid. Or, the Bidder may choose to provide a bid bond authorization code provided to them by Surety2000, which the Bidder shall keep in effect until the City gives written notice that it may be released. If the Bidder provides a pdf copy of a bid bond or a pdf copy of a certified cashier’s check, the original must be provided to the City after the bid opening and by the end of business of the fifth business day after the bid opening. The bid security shall be retained by the City until a contract for the project has been executed. Bid bonds will be returned or written notice of release will be given to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as their bids are rejected. In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.

7.3 The bid shall be accompanied with Section 6-9 Liquidated Damages of the General Provisions initialed by the Contractor.

8. Withdrawal of Bids
The Bidder may withdraw his bid by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where the bids are to be submitted at any time prior to the opening of bids.

9. Bids to Remain Open
All bids shall remain open for sixty (60) days after the date of the opening of bids. Prior to that date, the City: (i) may, at its sole discretion, release any bid and return the bidder's security, or (ii) shall release any bid and return all Bidder's Security, upon the successful bidder's furnishing the required bonds and certificate and any other required documents and return to the City all the required number of executed copies of the Agreement.

10. Award of Contract

10.1 The City reserves the right to reject any and all bids. The City also reserves the right to reject any bid that is not in strict accordance with the Contract Documents or, in the alternative, to waive any irregularity or informality in any bid or in the bidding. Discrepancies between words and numerals shall be resolved in favor of the correct sum. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum [P.C.C. Section 20166].

10.2 If alternate bids are called for in the Specifications, the contract may be awarded at the election of the City to the successful bidder on the base bid or on the base bid and any alternate or combination of alternates.

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10.3 If the contract is to be awarded, it shall be awarded to the lowest responsible bidder. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders. The award, if made, will be within sixty (60) days after the opening of bids.

11. Delivery of Agreement

11.1 Within fifteen (15) days after bid opening, the lowest bidder shall sign and deliver at least two (2) counterparts of the labor and materials bond, faithful performance bond, certificate regarding workers' compensation, insurance certificates, proof of a valid City of Glendora business license and any other documents required by the Contract Documents. The bonds and workers' compensation certificate shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. Within fifteen (15) days before the award, the City will deliver the electronic copy of the Agreement to the successful bidder via DocuSign.

Contractor must sign the Agreement on DocuSign within ten(10) days before the award. Within ten (10) days after award, the City will deliver one fully signed electronic copy of the Agreement.

11.2 The Agreement and each Attachment thereto shall be executed in the manner required by the hereinafter Article 12.

11.3 If the successful bidder fails to execute and deliver the Agreement and furnish the required bonds, certificates and other documents within fifteen (15) days after the award of the contract by the City Council, the City may annul the award of the contract and the Bidder's Security of the bidder shall be forfeited, except as provided by California Public Contract Code Section 20174. [P.C.C. Section 20174]

12. Signatures

12.1 The Contract Documents and all attachments thereto shall be executed in the following manner: If the bidder is:
(a) An individual, in the name of the individual and if doing business by a fictitious name, the fictitious name and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the individual must be shown below the signature.
(b) A partnership, in the partnership name and signed by a general partner, whose title must appear under the signature and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the partnership must be shown below the signature. (c) A corporation, in the corporate name by a duly authorized officer or agent accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant secretary.

If the document is the Bid Proposal or Agreement, the state of incorporation shall be shown below the corporation name, and the corporate address and telephone number shall be shown below the signatures.

12.2 Attorneys in fact who sign any Contract Document or any attachment thereto must file with the document a certified copy of their power of attorney to sign said document.

12.3 All signatures must be in ink and all names must be typed or printed below the signature.

12.4 All signatures on the Bid Proposal and Agreement must be acknowledged before a notary public and a notary's certificate of each acknowledgment must be filed with the document.

Item #10. Page 86
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13. Time for Commencement and Completion

13.1 Unless otherwise specified in the Special Conditions, the contractor shall:
(a) commence the work within (30) days after the award of the contract by the City Council, but not before fully complying with Sections 11.1 and 11.2 hereof; and (b) diligently prosecute the work to completion within fifty-five (55) working days after the commencement of work.

13.2 Upon written request of the contractor, and if approved in writing by the Engineer, the time for commencement, completion, or both may be extended.

Item #10. Page 87
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BID PROPOSAL
WORK IDENTIFICATION: Grand Avenue and Bennett Avenue Traffic Signal Modification-Left Turn Phasing, Plan No. 1351
NAME OF BIDDER:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (DIR):

No. Class Expiration Date

1. Proposal
(a) Bidder has examined copies of all the Contract Documents, including without limitation the Agreement wherein each of the other Contract Documents is identified, and accepts all the terms and conditions thereof. (b) Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with City in the form included in the Contract Documents to complete all work as specified in the Agreement for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents. (c) This bid will remain open and not be withdrawn for the period specified in the Instructions to Bidders. If awarded the bid, bidder will sign the Agreement and submit the bonds, certificates and other documents required by the Contract Documents within fifteen (15) days after the date of the award of the contract by the City Council.
(d) Bidder has examined the site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents.
(e) Bidder has included General Provisions Section 6-9 Liquidated Damages initialed by the contractor.

2. Bid
Bidder agrees to construct and complete, ready for use, all work as required and made necessary by the Contract Documents for the sum of
dollars ($ ).

If the Contract Documents include a Unit Price List, Bidder acknowledges that the total bid sum shown in this paragraph 2 and the estimated quantities and amounts shown on the Unit Price List are for purposes of comparison of bids only. Bidder also acknowledges that the City does not expressly or by implication agree that the actual amount of work shall correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Engineer and that final payment shall be made at the unit prices bid, upon the basis of actual measured quantities as the same may be finally determined by the City Engineer.

Bidder acknowledges that the total bid sum shown in this paragraph 2, and all sums shown on any Unit Price List attached hereto, includes (i) all labor, materials, tools, equipment and services and all taxes, insurance, other general expenses, overhead and profit and (ii) all trenching, backfilling, grading, excavation and fill, resurfacing of every character, grubbing and clearing and removal of all obstructions necessary for the doing of the work, the preservation of existing structures, shrubs, and trees, where required, and the shoring, bridging and bracing required and incident to the doing of the work, together with all fittings and joints, of every character, connected in place, area clean-up, traffic protection, and the reconstruction and severances required in the doing of the work.

Revised 10/2019
BID PROPOSAL (Part 1)
Item #10. Page 88
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3. Schedule
Bidder understands that early completion is important to the City. Therefore, time being of the essence, bidder proposes that the work will be commenced and will be completed within the time specified in Article 13 of the Instruction to Bidders.

4. Addenda
Bidder acknowledges receipt of Addenda identified as:

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

Contract Class Date
Amount of Work Completed Name & Address of Owner

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

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

Also listed below is the portion of the work which will be done by each subcontractor. (List only one subcontractor for each portion of the work as defined by the bidder in this bid.) [P.C.C. Section 4100 et seq.,] Portion
Subcontractor Location of work of work
Name & PWC registration #
Revised 10/2019
BID PROPOSAL (Part 1)
Item #10. Page 89
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7. Attachments
The following documents, signed in accordance with Article 12 of the Instructions to Bidders, are attached to, and made a part of, this bid:
(a) Non Collusion Affidavit, as required by Public Contract Code Section 7106 and made a part of this Bid Proposal at page 5
(b) Required Bid Security in the form of
(c) Unit Price List
(d) General Provisions Section 6-9 Liquidated Damages initialed by the Contractor (e) Other pertinent documents (list here and attach to this bid) Dated this day of , 20 .

IF BIDDER IS:

An Individual
By , (Individual's Name)
doing business as
Business address:

Phone No.: ( )
A Partnership
(Firm Name)
By
(General Partner) (Title)
Business address:

Phone No.: ( )
Revised 10/2019
BID PROPOSAL (Part 1)
Item #10. Page 90
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A Corporation
(Corporation Name) (State of Incorporation)
By
(Person Authorized to Sign) (Title)
(Corporate Seal) Attest (Secretary)
Business address:

Phone No.: ( )
A Joint Venture
By
(Name)
(Address & Phone No.)
By
(Name)
(Address & Phone No.)
Revised 10/2019
BID PROPOSAL (Part 1)
Item #10. Page 91
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
State of California
County of Los Angeles
ss.
, being first duly sworn, deposes and says that he or she is of , the party making the
foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
[P.C.C. Section 7106]
End Section III - Proposal (Part 1)
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III
Item #10. Page 92
Meeting Date: 1/10/2023 / Packet Page #: 324
Revised 9/13/22
PROPOSAL (Part 2 - Unit Price List)

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UNIT PRICE LIST
WORK IDENTIFICATION: Grand Avenue and Bennett Avenue Traffic Signal Modification – Left Turn Phasing, Plan No. 1351
NAME OF BIDDER:

ADDRESS: PHONE NO:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (D.I.R.)
No. City Expiration Date
EMAIL ADDRESS:

APPROX. UNIT PRICE TOTAL PRICE
ITEM QUANTITY UNIT DESCRIPTION (Figures) (Figures)

1. 1 LS Mobilization, Demobilization & Safety
Meeting
$ $
UNIT PRICE (Words)

2. 1 LS Traffic Control
$ $
UNIT PRICE (Words)

3. 1 EA Remove and Construct 4” PCC Curb
Ramp over 6” CMB
$ $
UNIT PRICE (Words)

4. 300 LF Remove Striping
$ $
UNIT PRICE (Words)

5. 1 EA Remove Sign
$ $
UNIT PRICE (Words)

6. 5 LF Install Sign and Post
$ $
UNIT PRICE (Words)
Item #10. Page 93
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Revised 9/13/22
PROPOSAL (Part 2 - Unit Price List)

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7. 40 LF Install Striping
$ $
UNIT PRICE (Words)

8. 1420 SF Install Crosswalk
$ $
UNIT PRICE (Words)

9. 2 EA Remove and Salvage Signal Pole
Foundation
$ $
UNIT PRICE (Words)

10. 6 EA Remove and Salvage Signal Head
$ $
UNIT PRICE (Words)

11. 2 EA Remove and Salvage Pedestrian Head
$ $
UNIT PRICE (Words)

12. 1 LS Remove and Salvage Type ASCE II
Controller & ILD sensor Units Complete
$ $
UNIT PRICE (Words)

13. 2 LS Remove & Salvage Street Name Sign
from Mast Arm
$ $
UNIT PRICE (Words)

14. 2 LS Remove Pull Box and Resurface
Sidewalk
$ $
UNIT PRICE (Words)

15. 6 LS Remove & Salvage Pedestrian Push
Button
$ $
UNIT PRICE (Words)
Item #10. Page 94
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PROPOSAL (Part 2 - Unit Price List)

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16. 1 EA Furnish & Install ASC3-21 Controller
$ $
UNIT PRICE (Words)

17. 4 EA Furnish & Install Pedestrian Isolation
Module
$ $
UNIT PRICE (Words)

18. 8 EA Furnish & Install Switch Pack
$ $
UNIT PRICE (Words)

19. 1 EA Furnish & Install PPB Post Foundation
$ $
UNIT PRICE (Words)

20. 1 EA Furnish & Install Type 19 Pole &
Foundation
$ $
UNIT PRICE (Words)

21. 1 EA Furnish & Install Type 26 Pole &
Foundation
$ $
UNIT PRICE (Words)

22. 1 EA Furnish & Install 30’ Signal Mast Arm
$ $
UNIT PRICE (Words)

23. 1 SF Furnish & Install 40’ Signal Mast Arm
$ $
UNIT PRICE (Words)

24. 2 EA Furnish & Install 12’ Luminaire Mast Arm
$ $
UNIT PRICE (Words)
Item #10. Page 95
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PROPOSAL (Part 2 - Unit Price List)

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25. 8 EA Furnish & Install 3-12” Vehicle Head with
Mounting & Backplate
$ $
UNIT PRICE (Words)

26. 2 EA Furnish & Install Countdown Pedestrian
Head with Mounting
$ $
UNIT PRICE (Words)

27. 8 EA Furnish & Install Polara Audible APS
Pedestrian Push Button or Approved
Equal $ $
UNIT PRICE (Words)

28. 1 LS Furnish & Install ITERIS Vantage Vector
Video Detection System or Approved
Equal $ $
UNIT PRICE (Words)

29. 2 EA Furnish & Install Reflectorize Street Name
Sign
$ $
UNIT PRICE (Words)

30. 2 EA Furnish & Install # 6” Pull Box
$ $
UNIT PRICE (Words)

31. 325 LF Furnish & Install 2” Conduit (Boring)
$ $
UNIT PRICE (Words)

32. 1 LS Wiring
$ $
UNIT PRICE (Words)
Item #10. Page 96
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TOTAL PROJECT BID COST: $ ______________

In Words
The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

By:
(Bidder)
(Signature) (Date)
NOTE:

In case of error in extension of price into
Total Price Column, the Unit Price will
govern.
(Title)
Item #10. Page 97
Meeting Date: 1/10/2023 / Packet Page #: 329

BID BOND
The following City of Glendora form for the
Bid Bond MUST be used in accordance with
the instructions on the following pages.

Revised: 09/13/2022

BID BOND

SECTION IV
Item #10. Page 98
Meeting Date: 1/10/2023 / Packet Page #: 330

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, (hereinafter
"Contractor") intends to submit a bid to the City of Glendora, California, a municipal corporation, (hereinafter "City") for the work identified as follows:

Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351 NOW, THEREFORE, we, the Contractor, as Principal, and a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bond unto the City, as Obligee, in the sum of dollars
($ ) lawful money of the United States of America, said sum being not less than ten (10) percent of the bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid and shall give therewith such bonds, certificates and other documents as may be required in the Notice Inviting Bids or the other Contract Documents or in the event of the failure of said Principal to enter such Agreement and give any such bond, certificate or other document, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City in successfully enforcing said obligation.

IN WITNESS THEREOF, we have hereunto set our hands and seal this day of
, 2021.
(Corporate Seal)
(Principal)
By
Title
(Corporate Seal)
(Surety)
By
Title
[P.C.C. Sections 20170, 20171]
End Section IV - Bid Bond
Revised 08/2012

BID BOND

SECTION IV

Page 1 ends

Item #10. Page 99
Meeting Date: 1/10/2023 / Packet Page #: 331
Revised 11/2021

AGREEMENT

SECTION V

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
_____________________________________
Item #10. Page 100
Meeting Date: 1/10/2023 / Packet Page #: 332
Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No 1351 1 Revised 01/2021

AGREEMENT

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AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
_____________________
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2020 by and between the City of Glendora, a California municipal corporation (“City”) and ________________, _________________ (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all Item #10. Page 101
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Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No 1351 2 Revised 01/2021

AGREEMENT

SECTION V

Page 2 ends

materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

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

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(d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
(Name)
(Title)
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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

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

1.8 Warranty.

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

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement Item #10. Page 105
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and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $______ (________________ Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Item #10. Page 107
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Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

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

2.4 Invoices.

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

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

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

2.5 Waiver.

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

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Inspection and Final Acceptance.

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

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance Item #10. Page 109
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(Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for zero (0) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name), (Title)
(Name), (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

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

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

4.2 Status of Contractor.

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

4.3 Contract Officer.

The Contract Officer shall be Abel Paguio, Civil Engineering Assistant, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services Item #10. Page 110
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and the Contractor shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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

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(c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for Item #10. Page 113
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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 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, Item #10. Page 115
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except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

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5.7 Substitution of Securities.

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

5.8 Release of Securities.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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6.2 Reports.

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

6.3 Ownership of Documents.

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

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

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(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

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certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a 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 Item #10. Page 120
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contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000.00 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Contractor.

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

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7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation Item #10. Page 122
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of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

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9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

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Contractor’s Authorized Initials ___________________
(Name)
(Title)

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
(INSERT COMPANY NAME)
Name:(Insert Name)
Title: (Insert Title)
Email Address
Name:(Insert Name)
Title: (Insert Title)
Email Address
Address:
______________
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 Item #10. Page 126
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SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project entails modification of the existing traffic signals at Grand Avenue and Bennett Avenue intersection. Protected left turn phasing will be installed for both eastbound and westbound traffic. There will be an improvement of the existing traffic signal system like replacing controller, pedestrian push button and replacing loop detection to video detection. Also, to be included is signing, striping and street improvement to accommodate ADA compliant curb ramps.

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

A. Existing conditions report and status of overall work schedule B. Progress reports of work completed over the past two (2) weeks C. Report of works to be completed over the next two (2) weeks D. Report on pending request for information (RFIs)
IV. All work is subject to review and acceptance by the City and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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

Item #10. Page 130
Meeting Date: 1/10/2023 / Packet Page #: 362
01240.0001/535311.1 B-1
EXHIBIT “B”

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

II.

Item #10. Page 131
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01240.0001/535311.1 D-1
EXHIBIT “C”

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

No Description of Item Qty Unit Unit
Price Extension
1 Mobilization, Demobilization & Safety Meeting 1 LS
2 Traffic Control 1 LS
3 Remove Construct Curb Ramp 1 CY
4 Remove Striping 300 LF
5 Remove Sign 1 EA
6 Install Sign and Post 5 LF
7 Install Striping 40 LF
8 Install Crosswalk 1420 SF
9 Remove and Salvage Signal Pole and Foundation 2 EA
10 Remove and Salvage Signal Head 6 EA
11 Remove and Salvage Pedestrian Head 2 EA
12 Remove and Salvage Type ASC2 Controller and ILD
Sensor Units Complete 1 LS
13 Remove and Salvage Street Name Sign from Mast
Arm 2 LS
14 Remove Pull box and Resurface Sidewalk 2 LS
15 Remove and Salvage Pedestrian Push Button 6 LS
16 Furnish & Install New Type ASC3-2100 Controller 1 EA 17 Furnish & Install Pedestrian Isolation Module 4 EA
18 Furnish & Install Switch Pack 8 EA
19 Furnish & Install PPB Post and Foundation 1 EA
20 Furnish & Install Type 19 Pole and Foundation 1 EA
21 Furnish & Install Type 26 Pole and Foundation 1 EA
22 Furnish & Install 30' Signal Mast Arm 1 EA
23 Furnish & Install 40' Signal Mast Arm 1 EA
24 Furnish & Install 12' Luminaire Mast Arm 2 EA
25 Furnish & Install 3-12" Vehicle Head w/ Mounting &
Backplate 8 EA
26 Furnish & Install Countdown Pedestrian Head w/
Mounting 2 EA
27 Furnish & Install Polara Audible APS Pedestrian Push Button or Approved Equal 8 EA
Item #10. Page 132
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01240.0001/535311.1 D-2
28 Furnish & Install ITERIS Vantage Vector Video
Detection System or Approved Equal 1 LS
29 Furnish & Install Reflectorized Street Name Sign 2 LS 30 Furnish & Install #6 Pull Box 2 EA
31 Furnish & Install 2" Conduit (Boring) 325 LF
32 Wiring 1 LS

TOTAL PROJECT BID COST
Not To Exceed Total
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

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

Item #10. Page 133
Meeting Date: 1/10/2023 / Packet Page #: 365
01240.0001/535311.1 D-3
EXHIBIT “D”

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

Description Deadline Date
A. All Work
Days to Perform
55 Working Days TBD
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.

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

Item #10. Page 134
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01240.0001/535311.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Item #10. Page 135
Meeting Date: 1/10/2023 / Packet Page #: 367
01240.0001/535311.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

Item #10. Page 136
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01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

Item #10. Page 137
Meeting Date: 1/10/2023 / Packet Page #: 369
01240.0001/535311.1
Executed on , 20____.

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

Item #10. Page 138
Meeting Date: 1/10/2023 / Packet Page #: 370
01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351;
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #10. Page 139
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

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

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

NOTICE:

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

Item #10. Page 140
Meeting Date: 1/10/2023 / Packet Page #: 372
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #10. Page 141
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #10. Page 142
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 143
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #10. Page 144
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #10. Page 145
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 146
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

Item #10. Page 147
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01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

Item #10. Page 148
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01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #10. Page 149
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 1 ends

STANDARD SPECIFICATIONS
WORK IDENTIFICATION: Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351.

STANDARD SPECIFICATIONS
Except as may otherwise be provided herein, the provisions of the 2021 Edition of the “Standard Specifications for Public Works Construction” (SSPWC), with the latest Supplements, prepared and promulgated by Public Works Standards, Inc., a California Nonprofit Mutual Benefit Corporation, whose members are the American Public Works Association, the associated General Contractors of California, the Engineering Contractors’ Association, the Southern California Contractors Association and BNI Publications, Inc., are adopted as the “Standard Specifications” for the Agency. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081, telephone (888) 264-2665.

The Standard Specifications set forth above will control the General Provisions, Construction Materials, and Construction Methods for this Contract, except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted. The section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are called out.

Item #10. Page 150
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 2 ends

PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL.
1-1 GENERAL.

Add the following:

Terms defined in this Article which are used in other Contract Documents have the meaning assigned herein, unless the context requires a different meaning.

Words used herein in masculine gender include the feminine and neuter, and vice versa; the singulars include the plural, and vice versa. The word "person" includes a corporation, association, or partnership.

Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be construed.
1-2 TERMS AND DEFINITIONS.

Add the following:

City The City of Glendora.

City Clerk The City Clerk or Secretary of the City.

City Council The City Council or Agency of the City.

Materials Any material, equipment, appliance, process, item or article of any nature whatsoever installed or incorporated into the work or provided to the City under the contract.

Project The project is the total improvement, of which the work performed under the contract may be the whole or a part.

Contract Officer Engineer or such person as may be designated by the City Manager.

SECTION 2 – SCOPE OF THE WORK.
2-4 COOPERATION AND COLLATERAL WORK.

Add the following to the first paragraph:

The City reserves the right to award other contract in connection with the project. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the site of the project.

Add the following to the second paragraph:

Item #10. Page 151
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GENERAL PROVISIONS

SECTION VI

Page 3 ends

The City shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.2 Temporary Utility Services.

Add the following to the first paragraph:

Contractor shall furnish and install necessary, temporary distribution systems, including meters, from distribution points to points on site where utility is necessary to carry on the work. Upon completion of work, Contractor shall remove all temporary distribution systems.

Replace the second paragraph with the following:

In accordance with Glendora Municipal Code Section 14.20.090 and Section 14.28 et seq., City water will be made available to the Contractor as follows:

All water used other than through a service connection and meter shall be through a fire hydrant meter. Hydrant meters shall be installed by the Contractor and moved from one location to another only upon approval of the Engineer and the Los Angeles County Fire Department. The applicant shall deposit one thousand and twenty dollars ($1,020.00), or per current fee schedule, with the City for such service and shall pay a one hundred dollar ($100.00) minimum charge per month or portion thereof for such use.

Water used shall be charged at current rate approved by the City Council for each zone of use per one hundred cubic feet (100 cu. Ft.).

Add the following:

If the contract is for an addition to an existing structure, Contractor may, with written permission of the Engineer, use the City's existing utilities to carry on the work by making prearranged payments to the City.
2-5.4 Haul Routes.

Replace this subsection with the following:

Haul route shall be on Route 66 and Arrow Hwy to Grand Ave and to Foothill Blvd 2-8 EXTRA WORK.

Add the following:

Any item considered to be extra work must be reported to the City immediately. All Extra Work claims shall be submitted in writing within 24 hours of encountering the extra work.

Submittal of false claims is punished by State law and in addition, the contractor shall reimburse the City for all employees’ costs and other fees spent on researching and reconciling the false claim.

Item #10. Page 152
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 4 ends

SECTION 3 – CONTROL OF THE WORK.
3-6 THE CONTRACTOR’S REPRESENTATIVE.

Add the following:

The names, addresses, and telephone numbers of the Contractor and Subcontractors, or their representatives shall be filed with the Engineer, the City of Glendora Police Department, and the Los Angeles County Fire Department prior to beginning work on the project.
3-8 SUBMITTALS.
3-8.4 Supporting Information.

Replace item “a)” with the following:
a) List of subcontractors and suppliers per 3-3 (including contact names and phone numbers).

Add the following items to the last paragraph:
n) Untreated base materials per 200-2.
o) Detailed Schedule of Work
p) Traffic Control Plans for all Lane Closures
q) List of Subcontractors and Suppliers (including contact names and phone numbers)
r) Traffic signal poles and mast arms
s) Signal Controller
t) Pedestrian push button assemblies
u) Pedestrian heads
v) Vehicle heads
w) Luminaires
x) Traffic signs
y) Transfer switch
z) Conduit, cables and conductors
aa)Concrete mix design
bb)Video detection camera and system equipment
cc) Pull box
dd)Thermoplastic for Striping and Pavement Marking
ee)PCC Mix Designs
Add the following subsection:
3-8.7 Recycled Materials Certificate.

The Contractor shall file with the Engineer, prior to the acceptance of the work, a Recycled Materials Certificate. The Recycled Materials Certificate shall list all recycled Item #10. Page 153
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GENERAL PROVISIONS

SECTION VI

Page 5 ends

materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material origination location, e) Material deposition location.

Certificate shall comply with all AB939 requirements.
3-9 SUBSURFACE DATA.

Add the following:

When a soils investigation report is available from the City, such report shall not be a part of the contract. Any information obtained from such report or any information given on drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, and does not form a part of the contract. Contractor is required to make a visual examination of site and must make whatever tests he deems appropriate to determine underground condition of soil. Contractor agrees that he will make no claim against the City for damages in event that, during progress of the work, Contractor encounters unknown subsurface or latent conditions at the site that materially differing from those shown on Drawings or indicated in specifications, or for unknown conditions of an unusual nature which differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for the drawings and specifications.
3-10 SURVEYING.
3-10.1 General
Replace this section with the following:

The Contractor shall furnish all labor, equipment, and (Private Engineer) services, and be responsible for all surveying, staking, and layout necessary for the improvements. In the event of a substantial discrepancy between information shown on the Plans and actual field conditions, the Contractor shall cease any affected work and notify the Engineer. The Engineer will provide direction and authority to proceed. Surveying by Private Engineers on the Work shall conform to the quality and practice required by the Engineer.

The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. Contractor shall replace any construction survey stakes that are lost or disturbed and need to be replaced. Such replacement will be performed at the expense of the Contractor.

Add the following subsection:
3-10.3 Payment
Payment for surveying shall be considered as included in other items of work and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for performing surveying and no additional compensation will be made therefor.
3-12 WORK SITE MAINTENANCE.

Item #10. Page 154
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GENERAL PROVISIONS

SECTION VI

Page 6 ends

3-12.1 General.

Add the following to the first paragraph:

All excess excavated materials are to be removed immediately and disposed of at an approved site unless otherwise approved by the Engineer.

Replace the second paragraph with the following:

When directed by the Engineer, the Contractor shall provide a self-loading motorized street sweeper equipped with a functional water spray system. The sweeper shall clean all paved areas within the Work site and all paved haul routes at least once each working day.
3-12.2 Air Pollution Control.

Add the following:

Contractor shall provide such dust control equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Engineer to stop the work until said dust is controlled. Contractor shall have no recourse to collect from City for any loss of time or expense sustained by him due to such suspension of work. 3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.

Add the following:

The Contractor shall confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the Engineer. 3-12.6 Water Pollution Control.
3-12.6.5 Payment.

Add the following:

Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.3 Warranty.

Add the following to the fourth paragraph:

Item #10. Page 155
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SECTION VI

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The Contractor shall commence work within 10 days of being notified in writing.

SECTION 4 – CONTROL OF THE MATERIALS.
4-1 GENERAL
Add the following subsection:
4-1.1 Liens.

No materials, supplies, tools or equipment for work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest in this contract, or in any part thereof, is retained by seller or supplier. Contractor warrants good title to all materials installed or incorporated in the work by Contractor or any subcontractor and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him or her, to the City free from any claims, liens; or charges.

Contractor further agrees that neither (s)he/it, nor any person, firm, or corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by this contract shall have any right to lien upon the premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise the City as to owner thereof.

Nothing contained in this article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hand of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material. 4-4 TESTING
Add the following:

Contractor shall furnish for approval, within thirty-five (35) days following notice of award of contract, all samples as required in specifications together with catalogs and supporting data required by the Engineer. This provision shall not authorize any extension of time for performance of the contract. The Engineer will review such samples only for conformance with design and concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples, pursuant to California Public Contract Code Section 3400. [P.C.C. Section 3400] 4-6 TRADE NAMES.

Add the following:

In the event Contractor furnishes an "or equal" material more expensive than that specified in the bid form, the difference in cost of such material so furnished shall be borne by Contractor, pursuant to California Public Contract Code Section 3400. [P.C.C. Section 3400] Item #10. Page 156
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SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. 6-1.2 Commencement of the Work.

Replace this subsection with the following:

The first working day of the contract will be ten (10) calendar days from the date specified in the notice to proceed.

Add the following subsection:
6-1.3 Pre-Construction Meeting.

The Contractor shall attend a pre-construction meeting scheduled by the City’s representative prior to commencement of any work on the project. This meeting shall be attended by City staff to review the construction methods, coordinate with utility companies, and review the project schedule and Contractor submittals. 6-3 TIME OF COMPLETION.
6-3.1 General.

Add the following subsection:
6-3.1.1 Working Times.

The Contractor shall not begin work before 7:00 AM and shall cease work by 4:00 PM and shall not work on Saturdays, Sundays, or the following Holidays as observed by the City: New Year’s Day, Birthday of Martin Luther King, Jr., President’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day following Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve.

At all times outside of those listed above, all traffic lanes shall be passable and open to traffic.

Any deviations from this schedule must have the expressed permission from the Engineer.
6-9 LIQUIDATED DAMAGES.

Replace the third sentence of the first paragraph with the following:

For each consecutive calendar day in excess of the time specified for the completion of Work, as adjusted in accordance with 6-4, the Contractor shall pay to the City, or have withheld from monies due it, the sum of one thousand dollars ($1,000). {Government Code Section 53069.85}
Replace the second paragraph with the following:

Item #10. Page 157
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Execution of the Contract shall constitute agreement by the City and Contractor that one thousand dollars ($1,000) per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Progress payments made by the City after the time allowed to complete the work shall not constitute a waiver of the City’s entitlement to liquidated damages under this contract.

City Contractor
SECTION 7 – MEASUREMENT AND PAYMENT.
7-2 LUMP SUM WORK.

Replace the first sentence of the second paragraph with the following:

Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract.
7-3.2 Partial and Final Payment.

Add the following:

Partial payments for mobilization and traffic control shall be made in accordance with California Public Contract Code §10264.

Add the following subsection:
7-3.2.1 Substitution of Securities
Pursuant to Public Contract Code § 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security, if Contractor deposits in escrow with the City Treasurer or with a state or federal chartered bank acceptable to the City as escrow agent, securities eligible for the investment of City funds under Government Code § 16430 or bank or savings and loan certificates of deposit. Securities shall be substituted upon the following terms and conditions:
(1) Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made. (2) Securities or certificates of deposit shall be of a value equal to 100 percent of the amounts of retention to be paid to Contractor pursuant to this section. (3) Contractor shall enter into an Escrow Agreement in the form attached to these General Conditions as Exhibit "A".
(4) Contractor shall obtain the written consent of the surety to the escrow Agreement.

Item #10. Page 158
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7-3.4 Mobilization.

Replace this subsection with the following:

Mobilization and payment is defined in Bid Item 1 Mobilization of the Special Provisions. 7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General.

Add the following:

Labor surcharge and Equipment Rental Rates will be paid at the applicable rates listed in Labor Surcharge and Equipment Rental Rates at the time when extra work is performed.

Labor Surcharge and Equipment Rental Rates is published by Caltrans as is available on the Caltrans website (https://dot.ca.gov/programs/construction/equipment-rentalrates-and-labor-surcharge). 7-4.3 Markup.

Add the following:

The following percentages shall be added to the Contractor’s costs and shall constitute the markups for all overhead, profit and increase in bond premium caused by the Extra Work.

1. Labor 15%

2. Material 15%

3. Equipment 10%

4. Subcontractor 10% for first $5,000 portion of work performed. 5% in excess of $5,000 portion of work performed.
end Section VII - General Provisions
Item #10. Page 159
Meeting Date: 1/10/2023 / Packet Page #: 391

ESCROW AGREEMENT FOR SECURITY DEPOSITS

IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Glendora, whose address is 116 E. Foothill Boulevard, Glendora, CA 91741 hereinafter called "Owner," whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the
"Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the contractor. Upon seven (7) days written notice to the escrow agent from the owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections 4 to 6 inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

Revised 10/2019

ESCROW AGREEMENT

SECTION VII

Page 1 ends

Item #10. Page 160
Meeting Date: 1/10/2023 / Packet Page #: 392
On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

Title Title Title
Name Name Name
Signature Signature Signature
Address Address Address
At the time the Escrow Account is opened, the owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

Title: Title:

Name: Name:

Signature: Signature:
[P.C.C. Section 22300]
End Section VII - Escrow Agreement
Revised 10/2019

ESCROW AGREEMENT

SECTION VII

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Item #10. Page 161
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SPECIAL CONDITIONS
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SPECIAL PROVISIONS
DEFINITION OF BID ITEMS – MEASUREMENT & PAYMENT
Grand Avenue and Bennett Traffic Signal Modification
Left Turn Phasing, Plan No. 1351
Note:

All features and details required to complete work as shown per the Plans, Specifications and Special Provisions and not specifically itemized in the Definition of Bid Items shall be considered included in and a part of the Unit Prices of all Bid Items and an aggregate of the Total Bid Amount.

CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COMPLIANCE WITH LOCAL

NPDES PERMIT REQUIREMENTS IN ATTEMPT TO PROTECT THE STORM DRAIN SYSTEM AND RECEIVING WATERS.

BID ITEM DESCRIPTIONS:

Item 1. Mobilization
Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization. It shall include but not limited to obtaining all applicable and required permits (no Fee permits from the City), complying with local NPDES permit requirements, acquiring an area out of right-of-way for material and equipment storage, providing on-site sanitary and portable water facilities and all necessary arrangements to ensure smooth operations.

It will also include but not be limited to satisfactory permit closures and removal of all Contractor’s owned devices and equipment from public right-of-way.

Demobilization shall include all activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site; including the disassembly, removal, and site cleanup of offices, buildings, and other facilities assembled on the site specifically for this contract.

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No additional compensation will be allowed for additional mobilizations or demobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.

Payment for providing “MOBILIZATION” shall be the contract lump sum price and shall be considered full compensation for furnishing all labor, material, signing, delineators, barricades, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. The Contractor’s attention is directed to the condition that a minimum of 20% of this task will be reserved to Demobilization costs.

Item 2. Traffic Control
A Traffic Control Plan must be submitted by the Contractor and approved by the City of Glendora prior to the commencement of work. The Plan must be signed by a registered Civil Engineer or registered Traffic Engineer. The Plan must include City of Glendora Standard Notes per SD&S 1.17 and 1.18.

The Contractor shall make provisions for safe and adequate passage through the construction areas where directed by the City Engineer.

Vehicular access to driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time.

The Contractor shall furnish and maintain all warning lights, signs, barricades and other facilities shown on the traffic control permit and approved traffic control plans for the sole convenience and safe direction of public traffic. The Contractor shall post temporary “No Parking” signs a minimum of 48-hours prior to restriction of parking within the work area.

Barricades used at night shall be equipped with flashing lights. Signs used at night shall be reflectorized with a material that has a smooth, sealed outer surface, or illuminated to show approximately the same shape and color day and night.

The Contractor shall be responsible for all traffic control during construction. Flaggers and/or a pilot car with driver shall be provided when directed by the City Engineer as necessary for safe and adequate passage of the general public and workers. The City Engineer may provide traffic control measures including proper signage, barricading and flaggers, in the event of the Contractor’s failure to meet the requirements of these Special Provisions. The cost of this traffic control work shall be charged to the Contractor and withheld from the final payment.

When entering or leaving roadways carrying traffic, the Contractor’s equipment, whether loaded or empty shall in all cases yield to public traffic. Haul trucks shall be covered with tarps and secured prior to entering the traffic lanes.

The Contractor shall include furnishing and placing temporary pavement and removal of temporary pavement to accommodate access of traffic from travel lanes in and out of private property, walks, and streets. The cost of furnishing and maintenance of these items during Item #10. Page 163
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construction shall be included within the various bid items requiring such efforts and no additional compensation shall be allowed therefor.

The Contractor shall be required to maintain a minimum of one lane in each direction on all roadways at all times. In the event only one lane is available, the Contractor shall provide flaggers and/or a pilot car with driver for safe and adequate passage of public traffic. The Contractor shall provide access to all emergency vehicles into and out of the work areas at all times.

Payment for providing “TRAFFIC CONTROL” shall be the contract lump sum price and shall be considered full compensation for furnishing all labor, signing, delineators, barricades, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor.

Item 3. Curb Ramp replacement (Grand Ave and Bennett Ave Intersection) Description
The work shall consist of sawcut, removal and disposal of existing AC, PCC and construction of new curb ramp.

Construction
Curb Ramp replacement shall be constructed in accordance with APWA Std. Plan No 111-5 and with Section 303-5 of the Standard Specifications, except the slope of gutters at curb ramps shall be 5% maximum toward the curb face line.

Payment
Full compensation for the requirements of Construct 4” P.C.C. Curb Ramp over 6” CMB per APWA Std. Plan No. 111-5 (Case & Detail per Plan, Including Retaining Curb and Detectable Warning Surface per City Stds. (Federal Yellow)), will be paid for at the contract unit price bid per EACH (EA) P.C.C. Curb Ramp constructed in place, and shall include full compensation for furnishing all labor, equipment, and materials for sawcut, removal, and disposal of existing miscellaneous improvements, including protection and/or replacement of all existing drains, excavation, crushed miscellaneous base (CMB), forms, subgrade preparation, root removal, all forms, P.C.C. ramp, curb and gutter, and sidewalk improvements from BCR to ECR as shown on the plans, grooving, utility adjustments, restoring form areas, installation of detectable warning surfaces (wet cast) per Federal ADA and manufacturer’s requirements, and all other appurtenant work not specifically described in any other item of the Special Provisions, complete and in place, as specified or requested by the Engineer. No additional compensation will be allowed therefore. Wherever a utility boxes or conduit, not covered by a separate bid item, exist in the new curb ramp, the utility box and conduit shall be adjusted to the curb ramp grade and the adjustment shall be included in the unit price bid per each for curb ramp. No additional compensation shall be allowed.

Item #10. Page 164
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Item 4-8. Signing and Striping (Grand Ave and Bennett Ave Intersection) Description
The work shall consists of removal of conflicting striping and installation of signing and striping. The work will also include re-striping that was damaged during construction activity as directed.

Materials
Striping and markings: All traffic lines, pavement markings, and legends shall be thermoplastic in accordance with subsection 84-2 of the Caltrans Standard Specifications.

Construction
Striping and markings: All traffic lines, pavement markings, and legends shall be in accordance with subsection 84-2 of the Caltrans Standard Specifications.

Payment
Full compensation for the requirements of Traffic Signing and Striping and Pavement Markings will be paid for at the contract EACH price bid, and shall include all labor, tools, equipment, material and incidentals necessary to complete the work as shown on the plans and in these Special Provisions, including but not limited to installing new signs, new posts (when applicable), mounting hardware to install signs on street light poles (when applicable), water blasting and removal of existing striping, new thermoplastic striping and pavement legends, and RPM’s as shown on the plans and as directed by the Engineer. No additional compensation will be allowed therefore.

Item 9-32. Traffic Signal Modification (Grand Ave and Bennett Ave Intersection) Traffic signal and lighting systems and modification of traffic signal and lighting system shall conform to Section 86 and 87 of the latest Caltrans Standard Specifications and the latest Caltrans Standard Plans.

Description
This work shall consist of furnishing and installing new traffic signal poles, mast arms, Controller, safety lighting, signs, pedestrian push buttons, vehicle heads, pedestrian heads, video detection system, pull boxes, conduit, conductors, and other required appurtenances as shown on the Plans.

The work shall also include all sawcutting, trenching, backfill, and compaction, the abandonment in-place of traffic loops, conduit, and conductors, and the removal and salvage of existing traffic signal equipment and foundations as shown on the Plans as well as the necessary removal and replacement of PCC sidewalk, . All traffic signal and lighting wiring and/or cables in the intersection shall utilize existing conduits and pull boxes unless shown otherwise on the Plans.

Materials
Traffic Signal Equipment: All traffic signal equipment materials shall be in accordance with the State Standards Specifications (Caltrans), latest edition.

Item #10. Page 165
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Traffic controller shall be Econolite ASC/3-2100, or approved equal, as shown on the Plans.

Controller and auxiliary equipment materials shall be in accordance with the State Standards Specifications (Caltrans), latest edition, Sections 86-1.02 and 87-1.03.

Vehicle signal faces, signal heads, and auxiliary equipment, as shown on the plans and the installation thereof, shall conform to the provisions in Sections 86-1.02 and 87-1.03, inclusive of the CALTRANS Standard Specifications and these Special Provisions.

All signal heads shall be new, supplied by the same manufacturer, and shall be made of metal with 12-inch diameter Dialight LED modules with black tunnel type visors and black backplates.

Arrow indicators on signal heads shall color and arrow configuration conforming to ANSI Standard D-10.1. All signal faces shall be covered, once installed, until the system is operational.

All new signal indications shall utilize light emitting diode (LED) signal modules. All LED signal modules shall conform to Section 86-1.02R(4), “Signal Faces,” of the Caltrans Standard Specifications and these Special Provisions. The new LED module units provided shall be manufactured by Dialight Corporation, as listed on the Caltrans Pre-Qualified Product List as of the date of the project bid opening. The list is available on the Caltrans Internet Website at:
http://www.dot.ca.gov/aml/
All certifications and warranties required under the Caltrans specification for LED signal units shall be provided.

A written fully-detailed sales order acknowledgement from the vehicle and pedestrian head assembly supplier shall be submitted to the City indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. Submitted sales order acknowledgements shall be approved by the City or its representative and shall be the only material or equipment used on this contract. All traffic signal heads, mountings, and hardware shall be new, painted (per Section 86-1.02 – latest Caltrans Standard Specifications), and fully assembled by the designated supplier, and include the installation of LED modules.

Contractor shall not fabricate or assemble traffic signal heads or mountings, and shall only install them on the poles supplied per the Plan.

Pedestrian signals shall conform to the provisions in Section 86-1.02T, “Accessible Pedestrian Signals,” of the State Standard Specifications and these Special Provisions. Pedestrian signals shall be Type SP-1-T with LED displays. The signal shall have a sun screen of "Z crate" plastic.

The display shall be the international symbol message with a Portland Orange, "Hand" and Lunar White "Walking Person." Pedestrian signals shall be of the Dialight Corporation uniform appearance countdown LED type, Part #430-6479-001X (ITE compliant). All new and modified pedestrian signals shall be equipped with a disconnect switch consisting of cartridge fuses and a lever for disconnecting the fuse. The disconnect switch shall be mounted within the signal housing to de-energize the transformer primary circuit. Plastic housing will not be permitted.

Item #10. Page 166
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Push Button Assemblies
New pedestrian push buttons for traffic signals shall be POLARA iDS2 “iNS” iNavigator 2-Wire Push Button Station with touchless actuation, or City approved equivalent. Available from POLARA ENTERPRISES, LLC, 9153 Stellar Court, Corona, CA 92883; Toll Free (888) 340- 4872.

Pedestrian push button plate marking signs shall have informational message and symbols conforming to City of Glendora Traffic Signal Sign: Countdown Pedestrian Push Button with Right Arrow (Sign Standard R10-3e). Control unit for POLARA iNavigator Accessible Pedestrian System shall be located in the intersection controller cabinet. APS push button system consistent with FHWA/MUTCD, Interim Approval 21, March 20, 2018. PPB shall be compliant for the following tests:
• 2 Wire APS Functionality Requirements – MUTCD 2009 – 4E and CAMUTCD 2011 – 4E
• Temperature and Humidity – NEMA TS 2
• Transient Voltage Protection – NEMA TS 2
• Transient Suppression – IEC 61000-4-4, IEC 61000-4-5
• Lighting and Power Protection – GR-1089-CORE, Extended to 6000V-400A, • 25 reps, 120VAC-15mins.
• Electronic Noise – FCC Title 47, Part 15, Class A
• Mechanical Shock and Vibration – NEMA TS 2
• Ingress of Water – NEMA 250 – 6P, Rain, Snow, etc.
• Ingress of Water – NEMA 250 – 6P, Submersion
• Salt Spray and Corrosion – NEMA 250 – 6P
• Ingress of Foreign Objects – NEMA 250 – 6P
• Electrical Reliability – NEMA TS 4
• Push Button Enclosure – NEMA 250 – Type 4X
• Central Control Unit Enclosure – NEMA 250 – Type 1
APS system shall be manufactured by an ISO 9001:2015 registered company. System shall include a locator tone if a speech pushbutton information message is used in conjunction with a pedestrian signal head.

Vehicle Video Detectors: New video detection system for traffic signals shall be Iteris Vantage Vector Video Detection System and detector modules complete with Iteris Vantage Vector Hybrid Detection Sensor, Next Processor, Edge Connect Module, 17” LCD monitor and monitor drawer or approved equal, as shown on the plans. The MSDS shall consist of a hybrid video camera/radar sensor, detection processors capable of processing from one to two sensors, output extension modules, surge suppressors, a setup tool, a monitor, and a pointing device.

The multi-sensor system shall use a primary detector rack mounted processor to interface with the traffic control cabinet. The module shall process information from both video imaging and radar sensors simultaneously in real-time.

Conduit: All new conduit shall be Schedule 80 PVC 3-inch minimum diameter, unless otherwise noted on the Plans. All conduits shall be free from defects including non-circularity, foreign inclusions, etc. It shall be nominally uniform (as commercially practical) in color, density, and physical properties. The PVC conduit shall be straight and the ends shall be cut square to Item #10. Page 167
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the inside diameter. The PVC conduit system shall be designed so that straight sections and fittings will assemble without the need for lubricants or cement.

A complete line of fittings, adapters, and bends (sweeps) shall be provided by the conduit manufacturer and shall be manufactured from the same materials and manufacturing process as the conduit. The complete system will allow for all these fittings: Coupling Kits, Manhole Terminator Kits, Lubrication Fittings, and Repair Kits. PVC conduit shall be Carlon or Endot, or approved equal, and shall conform to NEMA TC-2 and UL 651 specifications.

Conductors: Conductors and wiring shall conform to the provisions in Sections 86 “General” and 87 “Electrical Systems,” of Division X “Electrical Work” of the CALTRANS Standard Specifications, and these Special Provisions. Conductors No. 8 AWG and larger shall be stranded. Plastic conduits containing power circuit conductors shall have a bare No. 8 AWG solid grounding copper conductor that shall terminate at each pull box at the ends of the conduit run.

Bonding and Grounding: Bonding and grounding shall conform to the provisions in Section 86-1.02, of the State Standard Specifications, and these Special Provisions.

Grounding jumper shall be attached by a 3/16," or larger, brass bolt in the single standard or controller pedestal and shall be run to conduit, ground rod, or bonding wire in adjacent pull box.

Grounding jumper shall be visible after cap has been poured on the foundation.

Luminaires: Luminaires shall conform to the provisions in Sections 86-1.02 and 87-2 of the Caltrans Standard Specifications and these Special Provisions. Each luminaire shall consist of an assembly that utilizes LEDs as the light source. In addition, a complete luminaire shall consist of a housing, LED array, and electronic driver (power supply). LED lamps shall be 150W equivalent or approved equal.

Light Emitting Diodes: Hi-flux/Hi-power white LEDs shall produce a minimum of 70% of initial intensity at 74,000 hours of life. LEDs shall be tested in accordance with IESNA LM-80 testing procedures. They shall have a mean correlated color temperature of 4300K (standard) ± 300K and a minimum CRI of 65.

Luminaire housing with integral cooling fins shall be die cast aluminum with universal four-bolt slip fitter for mounting to 11/4 ” to 2” (15/8” to 23/8” O.D.) diameter mast arm. Housing must be similar shape to traditional cobra head. Electrical components shall be accessed without tools and are mounted on power door. Conductors from power supply to terminal block and LED board must be spliced with quick style electrical disconnects. Photocontrol receptacle is standard and shall be rotatable without tools. Leveling steps must allow for tilt adjustment from -5° to 10°. Power door must open away from the pole.

Optical Systems: Micro-lens optical systems shall produce IESNA Type 2 and Type 3 distributions.

Fixture shall not use acrylic or plastic exterior lens over the LEDs. Luminaire shall be classified as “full-cutoff” and produce 0% total lumens above 90⁰.

Electrical: Power supply shall have a minimum power factor of .90 and <20% Total Harmonic Distortion (THD). EMC shall meet or exceeds FCC CFR Part 15. Transient voltage shall comply with ANSI C62.41 Cat. A. Power supply shall be field adjustable without tools to 350mA, 530mA, or 700mA drive current.

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Page 8 ends

Finish: Housing shall receive a fade and abrasion resistant, epoxy polyester powder coat, RAL 39/70010, ASA 70 light gray finish standard.

Accessories: Optional brackets shall be available for mounting luminaires to square poles, round poles, and post top tenons. Optional flush mounted house side shield shall cut off light at ½ mounting height behind the luminaire and be factory or field installable. Housing shall be able to accept three attachment mounted bird spider.

Listings/Ratings/Warranties: Luminaires shall be UL listed for use in wet locations in the United States and Canada. Optical systems shall maintain an IP66 rating. Product must be covered by a 10 year limited warranty.

Photometry: All luminaires shall be photometrically tested by certified independent testing laboratories in accordance with IESNA LM-79 testing procedures. Test report shall specify that the luminaire is classified as “Full Cutoff”. “Factored” IES files or test reports will not be accepted.

Luminaire shall be Leotek model number GC1 60F MV NW 2 GY 530 BSK RPB FDC or approved equal. Fixtures submitted as an equal must be submitted for review as no later than 10 days before the bid date. Samples are required at manufacturer cost.

IESNA Data: All product LM79/LM80 data must be currently available and product must meet or excel currently published LM/W & BUG results of the Leotek model or approved equal specified by City.

Samples for Approval/Preapproval: Proposed samples must be supplied & available to the City at least 10 days prior to approval of product.

Other: Manufacturer must not be involved in any intellectual property disputes regarding its product or product attributes.

When the components are mounted on a down opening door, the door shall be hinged and secured to the luminaire housing separately from the refractor or lens frame. The door shall be secured to the housing in a manner to prevent its accidental opening. A safety cable shall mechanically connect the door to the housing.

The manufacturer shall provide a warranty against loss of performance and defects in materials and workmanship for the luminaires for a period of 84 months after acceptance of the luminaires.

Replacement luminaires shall be provided promptly after receipt of luminaires that have failed at no cost to the City. All warranty documentation shall be given to the City. The luminaire shall provide true ninety-degree (90 degree) cutoff with no light emitted above the horizontal. The lower edge of the luminaire housing shall extend below the light source and all glassware. Glare shields external to the luminaire will not be accepted.

Pull Box and Pull Box Covers: Pull boxes shall conform to the provisions in the latest version of the Caltrans Standard Specifications and Standard Plan ES-8 and these Special Provisions for TRAFFIC pull boxes. All new TRAFFIC pull boxes shall be pull box number 5 (PB#5), or pull box number 6 (PB#6), as noted on the Plans. PB#5 shall have nominal dimensions of 30 inch L x 19 inch W x 12 inch D, as stated in these Special Provisions and per the Plans. PB#6 shall have nominal dimensions of 36 inch L x 24 inch W x 12 inch D, as stated in these Special provisions and per the Plans.

Item #10. Page 169
Meeting Date: 1/10/2023 / Packet Page #: 401
Revised 10/12/2022

SPECIAL CONDITIONS
SECTION Xlll

Page 9 ends

The cover marking for each pull box not containing fiber optic cable shall only read “TRAFFIC SIGNAL” on one line. Pull boxes shall be provided with locking mechanisms as specified in the Caltrans Standard Plans.

All splice boxes shall have vertical proof-load strength of 25,000 lbs. This load shall be placed anywhere on the box and cover for a period of one minute without causing any cracks or permanent deformations. Where pull boxes are installed in sidewalk, sidewalk shall be removed and replaced from score line to score line as directed by Engineer.

Pull boxes and covers in the sidewalk or behind the curb shall be per below, Christy "Fiberlite" models, or Engineer approved equivalent, unless otherwise noted on the Plans.

Size Approved Models
#5 Box Christy N30 Electrical Box
#5 Lid Christy FL30T
#6 Box Christy N36 Electrical Box
#6 Lid Christy FL36T
#6E Extension Christy B36X12
Construction
Foundations: Contractor shall mark the location of all foundation, including poles, controllers, and service enclosures, and allow the City Engineer 48 hours to review and approve the locations. The Contractor shall pothole full foundation footprints at new pole locations and obtain approval from City Engineer for exact placement prior to confirming pole order. As applicable, foundations of poles to be removed and abandoned per Plan shall be removed completely. Abandoned foundation voids shall be backfilled with a 2-sack slurry mix.

Traffic Signal Equipment: Where a signal face is to be supported by a Type MAS side attachment slip-fitter inserted between 2 signal sections, a spacer or spacers shall be placed between the (2) sections. The vertical dimension of spacers shall permit proper seating of the serrations between the slip-fitter and the (2) sections. Holes in spacers shall align with front holes in the section housings. In addition to the fastening through the large openings in the housing, the (2) sections shall be joined with at least (2) bolts through the holes near the front of the housings and spacers, and through matching holes in a reinforcing plate installed within each housing. Spacers shall be made of the same material as the signal housing. Reinforcing plates shall be aluminum with a minimum thickness of (0.125) inch and shall be painted to match the housing. Bolts for joining signal sections shall be either stainless steel or cadmiumplated steel with round or binder heads. In addition to Section 87-1.03R(4), "Signal Mounting Assemblies," of the Caltrans Standard Specifications, the following Special Provisions shall apply whenever a terminal compartment is required: The terminal block shall be mounted vertically and to the side of the cable inlet guide. Sufficient lateral spacing shall be provided to allow pulling and connecting of incoming conductors without removal of the terminal block mounting screws. A minimum of one (1)-inch clearance shall be provided between the terminal block and all inside walls of the terminal compartment. The terminal compartment shall be provided with a captive hinged access door. With the door open, there shall be a minimum of ten-by-four-inch (10" x 4") access to the terminal compartment for connection and inspection of Item #10. Page 170
Meeting Date: 1/10/2023 / Packet Page #: 402
Revised 10/12/2022

SPECIAL CONDITIONS
SECTION Xlll

Page 10 ends

the terminal block. The door shall be equipped with a neoprene gasket, permanently secured, to prevent water from entering the terminal compartment and captive screws for securing door.

The mounting bolt spacing and cable guide location shall be as dimensioned on drawing ES-4D of the Caltrans Standard Plans.

The existing traffic signal shall remain operational at all times, i.e., the proposed vehicle heads, pedestrian heads, pedestrian push buttons, and safety lighting shall be installed, inspected, approved, and operational before the existing equipment is taken out of service.

Vehicle Video Detectors: The Contractor shall also mount the video cameras/sensors at locations shown on the plans. The mounting standards and specifications shall be provided by the camera manufacturer or the supplier. The Contractor shall verify the mounting requirements and the suitability of the approach depicted in the manufacturer’s standards. The Contractor may request approval for alternate mounting details by submitting a shop drawing. The Contractor shall incur complete responsibility of the integrity of all mounting structures.

During mounting of the video detection cameras, the Contractor is responsible for avoiding and protecting from damage any existing poles or structures. Any damage to existing poles or structures shall be repaired in kind by the Contractor at no additional cost to the City.

The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. Stop bar vehicle detection shall be through video camera detection.

Conduit: Conduit runs are shown in schematic form only. Actual installation shall be done in the most direct manner. The Contractor shall locate potentially interfering underground facilities, if any, and the actual installation shall be done in the most direct manner as the existing underground condition permits and as approved by the Engineer in the field.

Conduit shall be laid to a depth as shown on the plans. A minimum of thirty- (30) inches of cover to the top of the conduit is required at all locations.

Conduit shall be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side of the pull box by at least two inches.

Where conduits are shown on the plans to be installed parallel and adjacent to each other, they shall be installed together in a common trench or directional drill bore.

All bends shall be made with long-radius elbows (three (3) feet minimum radii) unless otherwise set forth elsewhere in this Special Provisions or as directed by the Engineer. The sum of the angles for conduit bends between two consecutive pull boxes shall not exceed 270 degrees. All conduit bends shall be factory bends done by the manufacturer. Hot box or other field bends will not be accepted. The bell and spigot ends of each PVC conduit shall be chamfered by the manufacturer. Transition of the conduit without bends shall not exceed more than one foot for every ten feet.

Item #10. Page 171
Meeting Date: 1/10/2023 / Packet Page #: 403
Revised 10/12/2022

SPECIAL CONDITIONS
SECTION Xlll

Page 11 ends

Make bends and offsets so that the inside diameter of conduit is not effectively reduced. Unless otherwise indicated, keep the legs of a bend in the same plane and the straight legs of offsets parallel.

Do not use diagonal runs except when specifically noted in the drawings.

Provide a waterproof label on each end of the pull rope to indicate the destination of the other end.

Conduits entering vaults shall terminate flush with the inside walls of each pull box. Conduits entering vaults and pull boxes shall be capped or sealed to prevent ingress of water, debris, and other foreign matters into the conduit.

Immediately prior to installing cables, conduits shall be blown out with compressed air until all foreign material is removed. After cables have been installed, the ends of conduits shall be sealed with a reusable mechanical plug.

Conduit and fittings shall be supplied with an ultraviolet inhibitor.

Conduits terminating in standards or pedestals shall extend not more than (2) inches vertically above the foundation and shall be sloped towards the handhole opening. Conduit entering through the bottom of a pull box shall terminate (2) inches above the bottom and shall be located near the end walls to leave the major portion of the box clear. At all outlets, conduits shall enter from the direction of the run.

Conduit shall enter the pull box at not more than a 45-degree angle. In addition, conduit may not be terminated less than 45 degrees to the ground level, except for pull boxes with extension.

Conduit ends shall be terminated three (3) inches above the gravel surface and nine (9) inches clearance between the top of the bushing and the top of the pull box shall be provided.

After conductors/cables have been installed, the exposed end of conduits remaining in pull boxes and controller cabinets shall be sealed with a sealing compound as approved by the Engineer.

Conductors: Splice installation shall conform to the provisions in Section 87-1.03H(2), “Splice Insulation Methods,” of the CALTRANS Standard Specifications, and these Special Provisions.

Loop splices shall be insulated per Method “B” or “Handcrafted Insulation”. Conductors No. 10 AWG or larger shall be spliced by the use of “C” shaped compression connector, and soldered.

Bonding and grounding shall conform to the provisions in Section 86-1.02O of the CALTRANS Standard Specifications and these Special Provisions. Ground jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation.

Pedestrian signal ground wires shall not have splices between the poles and the controller cabinet. All pedestrian signal ground wires shall be joined and grounded within the controller cabinet.

Item #10. Page 172
Meeting Date: 1/10/2023 / Packet Page #: 404
Revised 10/12/2022

SPECIAL CONDITIONS
SECTION Xlll

Page 12 ends

Pull Boxes: All pull boxes shall be located at the locations shown on the Plans, or as directed by the Engineer. However, these locations may be changed to suit field conditions as directed or approved by the Engineer.

No pull box shall be located on the driveway apron, or above catch basin, or within one (1) foot of any existing, proposed or future wheelchair ramp, or within one foot from the curb in case of streets without gutter, or within thirty (30) inches from any pole foundation, or other locations which may interfere with the movement of people or vehicles, unless approved by the Engineer.

Within the pull box, the conduit shall be placed in a manner that the lowest portion of the opening shall be a minimum of two (2) inches above the bottom of the pull box. The top portion of the conduit shall be not less than eight (8) inches from the top of the pull box. The maximum thickness of the rock shall be one (1) inch.

The conduit shall also be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side of the pull box by at least two (2) inches.

The distance between pull boxes shall not exceed 800 feet, unless otherwise shown on the plans, unless otherwise specified in the Plans or these Special Provisions, or as directed by the Engineer.

If new pull boxes are replacing existing pull boxes, the Contractor shall protect existing conduit and cable from damage. Should the existing conduit or cable become damaged, the Contractor shall repair and/or replace damaged conduit or cable. Prior to repair/replacement, the Contractor shall notify the Engineer and the City of exact location, and provide a detailed description of damage.

Any existing features or improvements damaged by the Contractor shall be replaced in kind, at the cost of the Contractor and not the Engineer or the City.

Removing Electrical Equipment:

Removal of any existing electrical equipment shall conform to the provisions in Section 86-7.01, “Removing Electrical Equipment,” of the CALTRANS Standard Specifications and these Special Provisions. Any existing electrical equipment removed shall not be reused, especially conductors, detectors and fuse boxes, and they shall become the property of the Contractor.

Payment
Payment for signal and lighting system shall be made at the each price bid for “TRAFFIC SIGNAL MODIFICATION” at the location indicated on the Bid Schedule and shall considered full compensation for furnishing all labor, materials, tools, equipment, testing, hauling, disposal, compaction, subgrade preparation, and incidentals to accomplish the work as specified herein and no additional compensation will be allowed therefor.

Item #10. Page 173
Meeting Date: 1/10/2023 / Packet Page #: 405
Revised 10/2019
NPDES Requirements

SECTION IX

NPDES REQUIREMENTS
Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351
The City of Glendora complies with and enforces all Los Angeles County Construction Activity BMP's for storm water pollution prevention relating to public agency activities. The Contractor shall refer to the California Storm Water Best Management Practice Handbooks, and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities. Please note the included BMP’s and address how they relate to these construction activities. The following is a brief list of BMP's from the Construction Handbook:

SE-7 Street Sweeping and Vacuuming
SE-8 Sandbag Barrier
NS-3 Paving and Grinding Operations
NS-8 Vehicle and Equipment Cleaning
NS-12 Concrete Curing
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Soil Waste Management
WM-8 Concrete Waste Management
WM-9 Sanitary/Septic Waste Management

PLEASE NOTE THAT THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WITH ATHENS DISPOSAL (626) 336-6100 REGARDING THE SCHEDULING OF TRASH PICK-UP AND RESTRICTIONS OF THOSE VEHICLES.

Item #10. Page 174
Meeting Date: 1/10/2023 / Packet Page #: 406
The Attached Vicinity Map is included for bidding purpose.

The precise extent of work will be marked on the site before construction starts.

Revised 10/2019
Vicinity Map

SECTION X
Item #10. Page 175
Meeting Date: 1/10/2023 / Packet Page #: 407
Revised 10/2019

VICINITY MAP
SECTION X Part 2

Page 2 ends

CITY OF GLENDORA

DEPARTMENT OF PUBLIC WORKS

GRAND AVENUE AND BENNETT AVENUE TRAFFIC SIGNAL

MODIFICATION, LEFT TURN PHASING
Plan No. 1351

VICINITY MAP
PROJECT LOCATION: Grand and Bennett Avenue I/S
Item #10. Page 176
Meeting Date: 1/10/2023 / Packet Page #: 408
Applicable STANDARD DRAWINGS and

CALIFORNIA DETPARTMENT OF TRANSPORTATION
STANDARD DETAILS have been included in these
Specifications. The Bidder /Contractor
shall refer to any and all Standard Drawings
referenced on the Plan or in these
Specifications.

The Bidder / Contractor is
responsible for obtaining all
Standard Drawings and California
Department of Transportation
Standard Details referenced on
the Plan and in these
Specifications.

Revised 12/01/2021

STANDARD DRAWINGS

SECTION XI
Item #10. Page 177
Meeting Date: 1/10/2023 / Packet Page #: 409
Item #10. Page 178
Meeting Date: 1/10/2023 / Packet Page #: 410
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STANDARD DESIGNS & SPECIFICATIONS
Adopled for use onPublic and Private Improvements
S.D.& S. NO.

1.02

Page 1 of 1 ends

WEAKENED

PLANE JOINT
·CURB & GUTTER and SIDEWALK
1/4" EXPANSION JOINT FILLER
- 1/4" EXPANSIOll JOINT FILLER
AT e.c.R.• E,C,R. AllOBETWEEN
...._ --._.:-: _- ·;' - UTILITY .·
:: ·0 :· "' POLE .

SIDEWALK AND CURB IN RETURN
AREA ONLY.
-
E
-
C.
-
R,
-
,
CURB
RAMP
CURB 81 GUTTER

ALL SCORE MARKS

AND WEAKENED
PLANE JOINTS ·IN

CURB RETURN AREA

TO BE RADIAL,

STANDARD RETURN

AGGREGATE TO BE PARTED
TO A DEPTH OF 2 INCHES

WITH A STRAIGHTEDGE
PRIOR TO JOINT·flNISHING
Oll INSTALLATION OF I IUCH
T • SHAPED STRIP WITH
REMOVABLE SilFFENER,
CURB FAC!:: 8
11 BATTER=4:12

PLAN SECTION B-B
NOTES:

1. NO PORTION OF DRIVEWAY APPROACH
SHALL FALL WITHIN RETURN AREA.

2. CLASS 520.C-2500 (5-112 SACK) PC.C. SHALL BE USED.

FINISH FLOWLINE WITH
4" SMOOTH TROWEL.

ROUND ALL EDGES
WITH 3/4" RADIUS,
CRU$HEO A6GREGATE BASE

3. TYPE I (CLEAR) CURING COMPOUND SHALL BE USED,

4. FINISH SIDEWALK WITH FINE BROOM AT RIGHT ANGLE
TO CURB. COARSE BROOM ON CURB RAMPS.
. "•.
5, SIDEWALK SHALL BE MINIMUM 8 FT. WIDTH WHERE
TREE WELLS ARE REQUIRED.

SECTION A-A 6. FOR SIDEWALK REPLACEMENT, FULL PANEL REMOVAL AND REPLACEMENT REQUIRED.
1ea.
!}:

Item #10. Page 179
Meeting Date: 1/10/2023 / Packet Page #: 411
Item #10. Page 180
Meeting Date: 1/10/2023 / Packet Page #: 412
Item #10. Page 181
Meeting Date: 1/10/2023 / Packet Page #: 413
Item #10. Page 182
Meeting Date: 1/10/2023 / Packet Page #: 414
Revised 10/2019
INDEX

Page 1 ends

ALPHABETICAL INDEX
Title Section Subsection
A
Acceptance of Work VI 9.

Agreement V
Assignment V 4.5
Attorney's Fees V 7.9
Authority of the City Engineer VI 7.

Award of Contract II 10.

B
Bid III 2.

Bid Bond IV
Bidders Security I
Bidders Security II 7.2
Bid Form II 6.1
Bid Proposal III
Bids to Remain Open II 9.

Bonds I
Bonds II 11.1
C
Certificate of Compliance with Certain Regulations VI 9.05 City Consent to Subcontractor VI 5.02
City's Right to Award Other Contracts VI 6.01
City's Right to Terminate V 7.7
Compaction Tests VI 8.10
Contract Documents and Site, Examinations of II 4.

Contract, Fulfillment of VI 9.01
Contract Sum V 2.1
Contractors Responsibilities VI 6.02
Copies of Contract Documents II 2.

Correction of Work Before Acceptance VI 9.02
Cutting and Patching VI 8.11
D
Deductions for Uncorrected Work VI 9.03
Defined, Terms II 1.

Definition of Bid Items VIII
Definitions VI 1.

Delay to Contractor, Payment for VI 4.01
Delivery of Agreement II 11.

Designations of Subcontractors III 6.

Disputes Pertaining to Payment for Work VI 7.04
Drawings, Interpretations VI 7.02
Dust Control VI 8.03
Item #10. Page 183
Meeting Date: 1/10/2023 / Packet Page #: 415
Revised 10/2019
INDEX

Page 2 ends

Title Section Subsection
E
Entire Agreement V
Escrow Agreement for Security Deposits in Lieu of Retention VII Examinations of Contract Documents and Site II 4.

F
Faithful Performance Bond V 5.5
Final Cleaning Up VI 9.04
Fulfillment of Contract VI 9.01
G
General Authority (of City Engineer) VI 3-4
General Provisions VI
H
Hydrant Meters (under Water Supply) VI 2-5
I
Indemnification V 5.3
Independent Contractor V 4.4
Inspections, Test and VI 8.08
Instructions to Bidders II
Insurance V 5.

Interpretation II 5.

Interpretation of Drawings and Specifications VI 3-4
J
Job Guidelines VIII
L
Labor and Materials Bond V 5.6
Layout and Field Engineering VI 8.06
Legal Requirements V 7.10
Liens VI 4-1
Liquidated Damages VI 6-9
M
Miscellaneous Provisions V 9.

N
Non-Collusion Affidavit III
Notice V 9.1
Notice Inviting Bids I
NPDES Requirements IX
O
Or-Equal VI 2.02
Item #10. Page 184
Meeting Date: 1/10/2023 / Packet Page #: 416
Revised 10/2019
INDEX

Page 3 ends

Title Section Subsection
P
Payments V 2.

Payment for Delays to Contractor VI 4.01
Payment for Work, Disputes pertaining to VI 7.04
Performance of Work V 1.

Prevailing Wages I
Prevailing Wages V 7.10
Prevailing Wages (under Certificate of Compliance) VI 9.05(a) Progress Payments to Contractor V 2.3
VI 3.

Proposal III
Q
Qualifications of Bidder II 3.

R
Record Keeping VI 8.12
Removal and Disposal of Structures and Obstructions VI 8.04 Retention (under Liquidated Damages) VI 6-9
Retention V 7.3
VII (3)
Rights of the City to Increase Working Days VI 4.02
Recycled Materials Certificate VI 3-8
S
Samples VI 2.03
Schedule V 3.

Signatures II 12.

Site, Examination of Contract Documents and II 4.

Soils Investigation Report VI 8.09
Special Conditions VIII
Standard Drawings XI
Subcontracting VI 3-3
Subcontractors Bound By Contract VI 3-3
Subcontractors, Designation (under Terms defined) VI 1-2 Submission of Bid II 7.

Substitution of Securities VI 7-3
Surveys VI 3-10
T
Terminate, City's Right to V 7.7
Terms Defined II 1.

Terms Defined VI 1.02
Tests and Inspection VI 8.08
Time for Commencement and Completion II 13.

Time for Completion VI 4.

Traffic Requirements VI 8.07
Item #10. Page 185
Meeting Date: 1/10/2023 / Packet Page #: 417
Revised 10/2019
INDEX

Page 4 ends

Title Section Subsection
U
Unit Price List III
Use of Premises VI 2.01
Utilities VI 8.01
V
Vicinity Map……………………………………………………………………….. X
W
Waiver V 7.4
Warranty VI 2.04
Water Supply VI 8.02
Withdrawal of Bids II 8.

Work and Material Requirements VI 2.

Work by Others VI 6.

Worker's Compensation Insurance V 5.1(b)
Working Days, Rights of the City to Increase VI 4.02
Item #10. Page 186
Meeting Date: 1/10/2023 / Packet Page #: 418
Construction Contract Award
.

Grand Avenue and Bennett Avenue Traffic Signal
Modification, Left Turn Phasing, Plan No. 1351
Public Works Department
Engineering Division
City Council
January 10, 2023
Abel Paguio, Civil Engineering Assistant CityOfGlendora.org Item #10. Page 187
Meeting Date: 1/10/2023 / Packet Page #: 419
2 PROJECT VICINITY MAP Item #10. Page 188
Meeting Date: 1/10/2023 / Packet Page #: 420
3 PROJECT SCOPE
• Install new protective left turn signal .
• Remove existing loops and install video detection system. • Install new pole and foundation.
• Removal and reconstruction of curb ramp.
• Removal and replacement of pedestrian push button to audible push button, to meet ADA requirements.
• Removal and re installation of signs, striping and crosswalk.

Item #10. Page 189
Meeting Date: 1/10/2023 / Packet Page #: 421
4 PROJECT AWARD
• Bid opening on November 17, 2022.
• Six (6) responsive bids were received.
• Engineer’s estimate $199,100.
• Bids ranged from $278,439 to $353,194.
• Award to California Professional Engineering Inc. of La Puente, CA.

Item #10. Page 190
Meeting Date: 1/10/2023 / Packet Page #: 422
5 PROJECT TIMELINE
• Award of Contract: January 10, 2023
• Construction Duration: 55 Working Days
• Expected Construction Start: March 1, 2023
• Expected Completion: May 16, 2023
Item #10. Page 191
Meeting Date: 1/10/2023 / Packet Page #: 423
6 PROJECT PROBABLE COST
Task Budget Proposed Expenditures
Available Project Budget $364,155.00
Environmental $75.00
Construction & Contingency-California Professional Engineering, Inc.
$306,282.90
Inspection – Consultant to be selected (estimated cost) $10,000.00 Southern California Edison Services $7,000.00
Material Testing - Consultant to be selected (estimated cost) $5,000.00 Total $328,357.90
Remaining Budget $35,797.00
Item #10. Page 192
Meeting Date: 1/10/2023 / Packet Page #: 424
7 RECOMMENDATIONS

1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations;

2. Approve the Plans and Specifications, including Addenda No 1, for Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351;

3. Award the contract for Grand Avenue and Bennett Avenue Traffic Signal Modification, Left Turn Phasing, Plan No. 1351 to California Professional Engineering, Inc., in the amount of $278,439 with a 10% contingency of $27,843.90 for a potential total amount of $306,282.90;

4. Authorize the City Manager or his designee to execute the agreement including making minor non-substantive changes; and

5. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

That the City Council:

Item #10. Page 193
Meeting Date: 1/10/2023 / Packet Page #: 425

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD AN AGREEMENT TO GRIGOLLA & SONS CONSTRUCTION CO. INC. FOR ASNEEDED CONCRETE MAINTENANCE AND REPAIR SERVICES IN THE AMOUNT OF $104,000 PER YEAR FOR THREE YEARS (STRATEGIC PLAN ITEM 49-IMCIF)

RECOMMENDATION
That the City Council:

1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations;

2. Award a 3-year agreement to Grigolla & Sons Construction Company Inc. for as-needed concrete maintenance and repair services in the amount of $104,000 per year, for a total of $312,000;

3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and

4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

EXECUTIVE SUMMARY
Staff conducted a request for proposals (RFP) for as-needed concrete maintenance and repair services.

Six bid proposals were received, and Grigolla & Sons Construction Company Inc. (Grigolla & Sons) was the lowest responsive bidder. Based on this, staff recommends that City Council award Grigolla & Sons a 3-year agreement for as-needed concrete maintenance and repair services in the amount of $104,000 per year, for a total of $312,000. Sufficient funds were specifically budgeted for on-call services in the Streets Division’s Contract Services accounts 205-6562-59100 and 531-6562-59100.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
At their June 14, 2022 meeting, City Council adopted the Fiscal Year (FY) 2022-23 Mid-Cycle Budget, which included funding for on-call concrete maintenance and repair services in the Streets Division’s Contract Services accounts 205-6562-59100 and 531-6562-59100.

DISCUSSION
Concrete infrastructure that is damaged can become barriers to pedestrian accessibility, become unsafe, and lead to increased liability for the City. Lifted and broken sidewalks can become trip hazards for pedestrians. Damaged gutters can affect drainage flow, cause ponding, and lead to vector breeding. The potential concrete infrastructure repairs included in this contract can include sidewalk, curb and gutter, cross gutters, and curb ramps. The purpose of this contract would be to expand the City’s capacity to perform needed concrete repairs around the City, enhance response times when staff resources are reduced or preoccupied, as well as better enable more proactive identification of issues by staff.

In anticipation of requesting additional funds in the following fiscal year as part of the FY2022-23 MidCycle Budget, and to determine an estimated amount to request, staff conducted an exploratory RFP for various street-related services, including concrete maintenance and repairs. The RFP was released Item #11. Page 1
Meeting Date: 1/10/2023 / Packet Page #: 426
Staff Report Page 2 of 2
January 13, 2022 on QuestCDN, with notice published in the San Gabriel Valley Examiner on January 13 and January 20, 2022. Proposals were due by and opened on February 10, 2022. Six proposals were received, and Grigolla & Sons was the lowest bidder with a bid amount of $93,000 per year at that time.

At their June 14, 2022 meeting, City Council adopted the FY 2022-23 Mid-Cycle Budget, which included additional funding to accommodate these additional contract services. Before potentially conducting a new RFP to secure pricing, staff recontacted Grigolla & Sons to confirm their continued interest, as well as verify their bid price given the time that had passed between the RFP and award. Grigolla & Sons indicated that they were still interested, but provided a revised proposal of $104,000, which was still lower than the second lowest bid from the RFP. Based on this, staff recommends they be awarded the contract as the lowest responsive bidder. The contract would be for 3-years, with options to extend up to two additional years with City Council approval.

Contractor Location Annual Amount
Grigolla & Sons San Dimas, CA Original $93,000
Revised $104,000
Horizons Construction Co. Int'l,
Inc.

Orange, CA $106,375
Hardy & Harper, Inc. Lake Forest, CA $151,000
S&H Civil Works Colton, CA $155,000
CT&T Concrete Paving, Inc. Diamond Car, CA $176,000
Gentry General Engineering, Inc Rancho Cucamonga, CA $177,000

FISCAL IMPACT
Sufficient funds for the contract were approved as part of the adopted FY2022-23 Mid-Cycle Budget update and are available in the Streets Division’s Contract Services Accounts 205-6562-59100 and 531- 6562-59100. 531 Water Operations funding will be utilized where concrete maintenance and repairs are related to City water infrastructure maintenance and repairs.

Fund Account
Number
Amount
205 Gas Tax Fund 205-6562-59100 $84,000
531 Water Operations Funds 531-6562-59100 $20,000
Total $104,000

ENVIRONMENTAL DETERMINATION
Attached is the Notice of Categorical Exemption for Council for review and adoption.

Prepared By Alexis Escobar, Civil Engineering Assistant Concurs With Not Applicable
Reviewed By Moises Lopez, Assistant 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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Notice of Exemption
B. Bid Summary
C. Plan Holder List
D. Bid Extensions
E. Bid Proposal
F. Contract Agreement
Item #11. Page 2
Meeting Date: 1/10/2023 / Packet Page #: 427
rvp7/3/97

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741

NOTICE OF EXEMPTION
Project Title: Concrete Maintenance and Repair Services.

Project Location: Citywide.

Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Medium Density Residential, High Density Residential, Open Space, General Commercial, Regional Commercial, and Civic/Institutional.

Zoning Designation: R1, R2, R3, C-3, E-7, and CM
Project Description: Project involves replacing existing concrete curb, gutter, and sidewalk.

Surrounding Land Uses and Setting: Surrounding land uses include various residential and commercial zones.

The Community Development Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves improvements to existing public streets.

Date:

Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body:

City of Glendora City Council on January 10, 2023
Date:

Alexis Escobar, Civil Engineer Assistant (626) 852-4845 Item #11. Page 3
Meeting Date: 1/10/2023 / Packet Page #: 428
Contractor Name Bid Amount

1. Grigolla & Sons Cons. Co. Inc. Original $93,000
Revised $104,000

2. Horizons Construction Co. Int'l, Inc. $ 106,375.00

3. Hardy & Harper, Inc. $ 151,000.00

4. S&H Civil Works $ 155,000.00

5. CT&T Concrete Paving, Inc. $ 176,000.00
Concrete Maintenance and Repair Services
Bid Opening: February 10, 2022
Summary of Bids
Item #11. Page 4
Meeting Date: 1/10/2023 / Packet Page #: 429
5/9/22, 3:05 PM
1/2
Closing Date: Thu, 02/10/2022 10:00 AM PST
Posting Type: Request For Proposal
Owner Name: Glendora CA, City of
Solicitor Name: Glendora CA, City of
Contact: Alexis Escobar
Phone: 626-852-4845
Email: [email protected]
Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Dodge Data
& Analytics
Next
Member
Numbe
2860 S State
Hwy 161,
Grand
Prairie, TX75052
Adam
Bouman
[email protected] 513.666.3354 800-768-
5594 Plan Room 01/14/2022 eBidDoc
Hardy &
Harper, Inc.
32 Rancho
Circle, Lake
Forest, CA92630
Morgan
Churnock [email protected]
714-444-
1851
714-444-
2801 Prime Bidder 01/19/2022 eBidDoc
CT&T
Concrete
Paving Inc.
324 S.

Diamond
Bar Blvd,
PMB 275,
Diamond
Bar, CA91765
Jose
Carvajal
[email protected]
909-629-
8000
909-629-
8001 SBE Prime Bidder 01/19/2022 eBidDoc
Grigolla &
Sons
Construction
Co., Inc.
627 W. Allen
Ave., San
Dimas, CA91773
David
Grigolla
[email protected] 9094478530 9094478530 Prime Bidder 01/21/2022 eBidDoc Plan Holder Report as of 05/09/2022 05:05 PM CDT
Concrete Maintenance and Repair Services FY2021-22 Through FY2024-25 Quest Quest Number: 8102956
Item #11. Page 5
Meeting Date: 1/10/2023 / Packet Page #: 430
5/9/22, 3:05 PM
2/2
Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Gentry
General
Engineering,
Inc.
9277
Archibald
Ave, Rancho
Cucamonga,
CA-91730
Brenton
Gentry
[email protected]
909-330-
1128 Prime Bidder 01/21/2022 eBidDoc
S&H
Civilworks
6612
Columbus
Street,
Riverside,
CA-92504
Jesse
Sotto
[email protected]
909-206-
1181
909-498-
8021 Prime Bidder 01/24/2022 eBidDoc
Onyx Paving
Company,
Inc.
2890 E. La
Cresta Ave,
Anaheim,
CA-92806
Corey
Kirschner
[email protected]
714-632-
6699
714-632-
1883 Prime Bidder 01/25/2022 eBidDoc
Paveco
Construction
Inc.
5049
Bleecker
Street,
Baldwin
Park, CA91706
Greg
Fleming
[email protected]
626-337-
5589 SBE Subcontractor 01/26/2022 eBidDoc
Horizons
Construction
Company
432 W
Meats Ave,
Orange, CA92865
Michael
Ortega
[email protected]
714-626-
0000 Prime Bidder 02/04/2022 eBidDoc
Quest
Construction
Data
Network
PO Box 517,
Shakopee,
MN-55379
QuestCDN
Support
[email protected]
952-233-
1632 Other 02/07/2022 eBidDoc
Item #11. Page 6
Meeting Date: 1/10/2023 / Packet Page #: 431
Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 Remove and Construct 4-Inch Thick PCC
Sidewalk per City of Glendora SD&S 1.02 SF 3,000 $ 14.00 $ 42,000.00 $12.00 $36,000.00 $11.50 $34,500.00 $18.00 $54,000.00 $15.00 $45,000.00 2 Remove and Construct Curb and Gutter per
City of Glendora SD&S 1.02 LF 500 $ 65.00 $ 32,500.00 $72.00 $36,000.00 $51.75 $25,875.00 $67.00 $33,500.00 $80.00 $40,000.00 3 Remove and Construct Cross Gutter and
Spandrel per City of Glendora SD&S 1.01 SF 1,000 $ 25.00 $ 25,000.00 $16.00 $16,000.00 $17.25 $17,250.00 $21.00 $21,000.00 $30.00 $30,000.00 4 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A, B, C, or D, including
retaining curb
SF 1,000
$ 40.00 $ 40,000.00 $16.00 $16,000.00 $28.75 $28,750.00 $42.50 $42,500.00 $40.00 $40,000.00 Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Extension 1 Remove and Construct 4-Inch Thick PCC
Sidewalk per City of Glendora SD&S 1.02 SF 3,000 $22.00 $66,000.00 $18.00 $54,000.00 $15.75 $47,250.00 2 Remove and Construct Curb and Gutter per
City of Glendora SD&S 1.02 LF 500 $70.00 $35,000.00 $128.00 $64,000.00 $78.63 $39,312.50 3 Remove and Construct Cross Gutter and
Spandrel per City of Glendora SD&S 1.01 SF 1,000 $35.00 $35,000.00 $38.00 $38,000.00 $25.71 $25,708.33 4 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A, B, C, or D, including
retaining curb
SF 1,000
$40.00 $40,000.00 $21.00 $21,000.00 $30.79 $30,791.67
Concrete Maintenance and Repair Services
$176,000.00 $177,000.00 $143,062.50
Schedule A
Schedule A Sub-total
Hardy & Harper, Inc. S&H Civil Works
CT&T Concrete Paving, Inc. Gentry General Engineering, Inc. Average Schedule A
Schedule A Sub-total $ 139,500.00 $104,000.00 $106,375.00 $151,000.00 $155,000.00 Engineer Estimate Grigolla & Sons Cons. Co. Inc. Horizons Construction Co. Int'l, Inc.

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Item #11. Page 18
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PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
GRIGOLLA & SONS CONSTRUCTION CO. INC.

DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 19
Meeting Date: 1/10/2023 / Packet Page #: 444
Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF GLENDORA AND
GRIGOLLA & SONS CONSTRUCTION CO. INC.

THIS PUBLIC WORKS AGREEMENT (herein “Agreement”) is made and entered into this _____ day of _______________ by and between the City of Glendora, a California municipal corporation (“City”) and Grigolla & Sons Construction Co. Inc., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 20
Meeting Date: 1/10/2023 / Packet Page #: 445
Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 2

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Concrete Maintenance and Repair Services FY 2021- 22 Through FY 2024-25, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 21
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 3 (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
John Grigolla
President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 22
Meeting Date: 1/10/2023 / Packet Page #: 447
Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 4 pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 23
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 5

1.7 Protection and Care of Work and Materials.

1.8 Warranty.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 24
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 6 of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 25
Meeting Date: 1/10/2023 / Packet Page #: 450
Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 7 shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $312,000 (Three Hundred Twelve Thousand Dollars) over the Term of this Agreement, but not to exceed $104,000 (One Hundred Four Thousand Dollars) in any one year of the Term of this Agreement (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 26
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 8 certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

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

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 27
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 9 ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

3.5 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 three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for two (2) additional one-year Extended Terms by giving advance written notice thereof no later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term(s).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

John Grigolla, President
David Grigolla, Corporate Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 28
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 10 Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

4.3 Contract Officer.

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

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 29
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 11 the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 12

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 13 (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 32
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 14 under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 33
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 15 omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

5.5 Performance and Labor Bonds.

5.6 Sufficiency of Insurer or Surety.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 16

5.7 Substitution of Securities.

5.8 Release of Securities.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 35
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 17 may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 36
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 18 there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 37
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 19 reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $______ (__________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 20

7.8 Termination Prior to Expiration of Term.

7.9 Termination for Default of Contractor.

7.10 Attorneys’ Fees.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 39
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 21 effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

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

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 22 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

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.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 23 relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor’s Authorized Initials ___________________
John Grigolla
President

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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Concrete Maintenance and Repair Services FY 2021-22 Through FY 2024-25 24 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:

Grigolla & Sons Construction Co. Inc.,
Name: John Grigolla
Title: President
[email protected]
Name: David Grigolla
Title: Corporate Secretary
[email protected]
Address: 627 W Allen Ave, San Dimas, CA 91773
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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01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Concrete Maintenance and Repair Services FY 2021- 22 Through FY 2024-25, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The Scope of Work entails removing existing sidewalk, curbs, gutter, and curb ramps and constructing PCC sidewalk, curbs, gutter, and curb ramps on an as-requested basis.

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

A. Monthly reports of work completed.

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

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

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01240.0001/535311.1 B-1
EXHIBIT “B”

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

I. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
Section 5.1 (c) - Professional liability (errors & omissions) insurance is hereby deleted from the Agreement.

Section 7.7 – Liquidated Damages is hereby amended to read as follows:
“Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $______ (__________ Dollars) 10% (ten percent) of the task amounts set forth in Exhibit “C” for which there has been an unapproved delay in performance as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project any one task set forth in Exhibit “C” when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.”
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01240.0001/535311.1 C-1
EXHIBIT “C”

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

Line
Item
Item Description
Unit of
Measure
Estimated
Annual
Quantity
Unit Price Extension
1 Remove and Construct 4-Inch
Thick PCC Sidewalk per City of
Glendora SD&S 1.02
SF 3,000 $12 $36,000
2 Remove and Construct Curb and
Gutter per City of Glendora SD&S

1.02 LF 500 $72 $36,000
3 Remove and Construct Cross
Gutter and Spandrel per City of
Glendora SD&S 1.01
SF 1,000 $16 $16,000
4 Remove Existing Curb, Gutter, and
Sidewalk and Construct Curb
Ramp per SPPWC Std Plan 111-5,
Case A, B, C, or D, including
retaining curb
SF 1,000 $16 $16,000
Total Annual Bid Cost $104,000
 Quantity may be changed or item may be deleted
II. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

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

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

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

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

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01240.0001/535311.1 C-2
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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

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01240.0001/535311.1
EXHIBIT “D”

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

Contractor shall respond to individual calls for services within three (3) working days. The work will then be scheduled by mutual agreement and be completed within 5 working days or time agreed upon for each specific item of work.

II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.

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

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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Concrete Maintenance and Repair Services FY 2021- 22 Through FY 2024-25
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

NOTICE:

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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 51
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 46642973-2926-42CF-A773-6385D7E71B8B Item #11. Page 54
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: CITY MANAGER DISTRICT(S): NOT APPLICABLE
SUBJECT: CONDUCT 2023 ANNUAL REVIEW OF CITY COUNCIL APPOINTMENTS TO VARIOUS

REGIONAL ORGANIZATIONS AS CITY REPRESENTATIVES/DELEGATES

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GLENDORA, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO VARIOUS

REGIONAL BOARDS AND COMMITTEES THAT THE CITY OF GLENDORA IS A MEMBER FOR 2022-23 AND RESCIND RESOLUTION CC 2022-64;"

2. Review the services provided by Cal Cities as it compares to membership in other organizations, and provide Staff with direction on the City’s future membership with Cal Cities; and,

3. If directed to remain in Cal Cities, authorize the Mayor to sign a letter to the Cal Cities President, CEO, and Regional Public Affairs Manager, requesting the General Assembly be held earlier during the annual conference, additional voting methods be considered, and expressing the need for Cal Cities to reaffirm its commitment to local control.

EXECUTIVE SUMMARY
Historically, after each City Council reorganization or immediately following, the City Council reviews and may make changes as to which members and/or staff members are appointed as delegates and alternates to various “regional” boards and committees where the City of Glendora is a voting member.

This process is the responsibility of the City Manager who works with Council Members to facilitate this review and present changes for Council consideration.

The attached resolution (Attachment A) and list of regional appointees (Attachment B) will enact appointments as deemed appropriate by the City Council for 2022-2023.

Additionally, as requested at the City Council’s December 2022 meeting by Councilmember Fredendall, and previously by Mayor Boyer and Councilmember Allawos, a discussion on the City’s membership to Cal Cities is to be conducted. Previous discussions have been had by cities, including Torrance (October 2022) and Rancho Palos Verdes (November 2022) in response to their view that Cal Cities is failing in its mission to expand and protect local control for cities.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
At the same meeting or immediately following the City Council reorganization, regional appointments are annually reviewed and adopted by City Council by Resolution. Certain assignments are regulated by California Government codes; for example, the City Selection Committee (Government Code 50270) and County Sanitation District (Health and Safety Code 4730) require the delegate and/or alternate to be Mayor.

At the December 13, 2022 City Council meeting, the City Council reorganized and appointed Gary Boyer Item #12. Page 1
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Staff Report Page 2 of 6
to serve as Mayor of the Glendora City Council for the 2022-23 term and adopted Resolution CC 2022-64 amending the regional list of appointments to comply with regulations that require the Mayor serve specific assignments on the City Selection Committee, County Sanitation District No. 22 and Metro Gold Line Foothill Extension Construction Authority JPA as required.

DISCUSSION
Annually, the City Manager prepares a report for City Council consideration to allow for the review and updating of which Council Members and/or staff member(s) are appointed as a delegate and/or alternate to such organizations like the League of California Cities (Cal Cities) – LA County Division; San Gabriel Valley Council of Governments; and Independent Cities Association as examples.

As part of the City’s membership in these regional organizations, the City Council is asked or required to appointment individuals that will sit on their Governing Boards and provide guidance via their votes. The City’s participation in these groups, along with groups where we might not have a predesignated voting voice, are regional groups which focus on many regional and local issues of importance to the San Gabriel Valley and Glendora.

At the December 13, 2022 City Council meeting, the City Council reorganized and appointed Gary Boyer to serve as Mayor of the Glendora City Council for the 2022-23 term and adopted Resolution CC 2022-64 amending the regional list of appointments to comply with regulations that require the Mayor serve specific assignments on the City Selection Committee, County Sanitation District No. 22 and Metro Gold Line Foothill Extension Construction Authority JPA as required.

It should be noted that, some regional boards/committees have executive boards and/or sub-committees that representatives can be appointed and/or elected to, when this occurs additional regulations must be followed that specify who serves as a representative.

Region Board/Committee Executive Board/Sub-Committee Elected Representative
Regulations
Foothill Transit JPA Governing Board Foothill Transit Executive Board Cluster 2
Boyer Representatives appointed to
Executive Board must serve as
delegate of Foothill Transit Governing
Board
Metro Gold Line Foothill Extension
Construction Authority (JPA)
Metro Gold Line Foothill Extension
Construction Authority Executive
Board
Thompson Representatives appointed to
Executive Board must serve as
delegate of Metro Gold Line Foothill
Extension Construction Authority (JPA)
San Gabriel Valley Council of
Governments (COG) Governing Board
San Gabriel Valley Regional
Housing Trust (SGVRHT) JPA
Boyer Representatives appointed to Board of
Directors MUST SERVE as Delegate
or Alternate on COG
In addition to the required appointments outlined above which are being carried forward, the following additional changes have been requested and have been incorporated into proposed Resolution and list of Regional Appointments:

1. Cal Cities – LA Division: Councilmember Davis to Delegate and Councilmember Allawos to Alternate

2. San Gabriel Valley Protection Association: Councilmember Fredendall to Delegate and Mayor Boyer to Alternative (subject to appointment change to the Rivers and Mountains Conservancy)

3. San Gabriel Valley Water Association: Public Works Assistant Director Obegolu to Delegate and Councilmember Fredendall to Alternate
Membership in Cal Cities
The League of California Cities (Cal Cities) is an association of California cities with the stated mission to “defend and expand local control through advocacy efforts in the Legislature, at the ballot box, in the courts, and through strategic outreach that informs and educates the public, policymakers, and opinion leaders.”
Item #12. Page 2
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Services Provided by Cal Cities
In general, Cal Cities provides the City:
 Monitoring, tracking, and engagement on bills and policy issue areas.  Communication on advocacy efforts, legislative developments, and highlights on cities implementing new or innovative strategies.
 Action alerts and sample letters/language on bills of high importance.  Monitoring of court cases and submission of friend-of-the-court briefs; filing lawsuits to protect local control.
 Professional development for staff and public officials, including roundtables and educational conferences, meetings, webinars, and department-specific activities.

Membership Benefits of Cal Cities
As a member, the City receives passive advocacy on bills the City Council does not take a position on but may benefit from and court cases Cal Cities advocates on behalf of cities for. The City also receives direct advocacy and support on bills the Council considers or takes a position on, and a mechanism for City priorities to be considered by the Cal Cities Board of Directors for adoption, through the resolution process. Additionally, Glendora Staff and City Council serve or participate in various Cal Cities professional departments, gaining networking opportunities with other city leaders and the ability to shape Cal Cities policy, as well as introduce policy topics for consideration by the City Council. In participating through the Cal Cities annual resolution process, the City can directly influence Cal Cities policy.

Concerns Regarding Efficacy of Cal Cities’ Lobbying
The trend in the Legislature has been an apparent lack of response to city positions. Over the past two years, many agencies have expressed that Cal Cities reaffirm its mission to support local authority and oppose legislation that erodes local control. While Cal Cities has had some success in lobbying to defeat many housing and land use bills, in recent years, it has been unable to defeat bills that significantly infringe on local land use control, such as Senate Bill (SB) No. 9 (Statutes of 2021) that requires ministerial approval of duplexes and lot splits. There is continued concern from a number of cities that Cal Cities is not taking a strong enough position on housing and local land use bills.

Comparison of Cal Cities Membership with the City’s Other Organizations Cal Cities is the largest coalition group of cities in California, providing a wider base of support than any of the City’s other organizational memberships. Within the scope of the City’s legislative advocacy efforts, the City Council has expressed a desire to form coalitions with like-minded cities to help advance our voice in Sacramento – there is no larger coalition of cities than Cal Cities. Of California’s 482 cities, 478 are members.

The City is also a member of the Southern California Association of Governments (SCAG), California Contract Cities Association (CCCA), Independent Cities Association (ICA) and San Gabriel Valley Council of Governments (SGVCOG). SCAG, CCCA, ICA, and the SGVCOG provide similar lobbying, educational, and regional networking and collaboration as Cal Cities, but on smaller scales. SCAG represents 188 cities in Southern California but focuses on regional planning, such as the regional housing need allocations (RHNA) process. CCCA represents contract cities, predominantly in Los Angeles County, and focuses on advancing the contracting model and local control; total membership in CCA is about 80 cities.

ICA represents a small number of Southern California cities and focuses primarily on public safety, education, infrastructure and intergovernmental relationships; total membership is about 40 cities.

SGVCOG represents the cities in the San Gabriel Valley, and works to address regional issues such as transportation, infrastructure, and homelessness.

The City holds memberships in a variety of single-issue groups, which provide targeted regional networking and advocacy, such as the Glendora Chamber of Commerce and San Gabriel Valley Economic Partnership.

The statewide benefits and networking Cal Cities offers cannot be replicated by any of the City’s other membership organizations. While some of the benefits of Cal Cities, such as professional development at Item #12. Page 3
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Staff Report Page 4 of 6
the Cal Cities Annual Conference, may still be received at non-member rates, if the City were to leave the organization, it would not be able to leverage the Cal Cities coalition or resolution process.

While Cal Cities may not take as strong of a position as the City would like on certain areas related to local land use, the advocacy provided by Cal Cities may, at times, benefit the City’s interests, and the interests of the collective California cities, to warrant participation. In areas where Cal Cities’ advocacy/positions fall short of the City’s preferences, the City can leverage its lobbying firm to support the City’s position in Sacramento. If membership is retained, the City could continue to work within Cal Cities to address policy concerns to leverage support from nearly all cities, which is a significantly larger coalition than the City would otherwise have access to.

General Assembly Challenges
Cal Cities hosts an annual conference, which culminates in a General Assembly where the membership votes on resolutions brought forward by cities or Cal Cities committees. The 2022 conference was held in Long Beach from September 7-9 and was attended by Councilmember Fredendall, Mayor Boyer and Staff.

During the General Assembly, the voting delegates voted to refer a petitioned resolution requesting Cal Cities’ support for the Our Neighborhood Voices Initiative to policy committees for further review. The Initiative seeks to allow local ordinances/regulations/etc., to supersede state law when they are in conflict.

One of the primary concerns raised regarding the action taken during the General Assembly was that the vote was taken without debate or comment. However, according to the Cal Cities bylaws, after a motion on the recommended action is on the floor, there must be a motion to open debate, seconded, and approved by the voting delegates. During the General Assembly, the motion to debate failed, with 98 delegates voting in favor of opening the debate and 167 opposed. Therefore, there was no discussion on the item nor a chance to offer alternate motions. Business returned to the motion on the floor, which was to accept the Cal Cities’ General Resolutions Committee (GRC) recommendation to refer the item to the housing and environmental quality policy committees. It is anticipated that the policy committees, and eventually the Cal Cities board, will take up the item in the new year.

Following the vote of the 2022 General Assembly on the Our Neighborhood Voices Initiative petitioned resolution, many cities expressed dissatisfaction that the item was voted on without any meaningful discussion. The action taken by the General Assembly, which did not vote to open debate, was in accordance with Cal Cities bylaws. Regardless of the recommendation made by the GRC, discussion/debate is only opened by an affirmative vote of the voting delegates, otherwise, business proceeds directly to the vote.

Staff observed two challenges during the General Assembly: that the nature of the petitioned resolution may have contributed to delegates not having robust information on the nature of the Our Neighborhood Voices Initiative, inherently a result of the established resolution process; and that many delegates were concerned with concluding business quickly to catch flights resulting in unintended consequences. The following summarizes the staff-observed challenges during the General Assembly.

Cal Cities members have two ways to have an item considered during a General Assembly: through a resolution or a petitioned resolution. Resolutions must be submitted no later than 60 days prior to the opening session at the General Assembly and are reviewed and/or amended by Cal Cities policy committees. Cal Cities staff prepares an in-depth staff report providing background on the item and the recommended action. City Councils typically take formal positions on the resolution to guide the vote of their designated delegate representative.

If a resolution misses the 60-day window, proponents can circulate a petition during the conference. It must receive signatures from at least 10% of the voting delegates and be submitted to Cal Cities at least 24 hours before the start of the General Assembly. The GRC meets the evening prior to propose a recommended action but cannot make any amendments to the petition.

In the case of the Our Neighborhood Voices Initiative (Initiative), conference attendees were emailed the Item #12. Page 4
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Staff Report Page 5 of 6
resolution as part of the 2022 General Assembly Packet1 at 7:30 p.m. on September 8 – 16 hours before the General Assembly was scheduled to start. Voting delegates who did not check their email may not have known there was a petitioned resolution being considered until they checked in to the General Assembly minutes before voting occurred. Additionally, the petition proponents did not include the text of the Initiative, so delegates not familiar with the Initiative may not have understood the intended scope of the petitioned resolution. As it was a petitioned resolution, Cal Cities staff does not prepare a staff report with background, so what was provided by petition proponents was all that was passed on to voting delegates.

To put this matter in context, it is worth noting that in 2018, the City of Beverly Hills submitted a resolution requesting Cal Cities explore initiating and promoting a ballot measure to protect local control, which was affirmed by the 2018 General Assembly. At the time, the Cal Cities Board of Directors explored the idea of creating a local control ballot measure but ultimately decided against actively pursuing it due to polling indicating there was little popular support for such a measure. There continues to be polling conducted by entities other than Cal Cities, showing little support among Californians for local control measures, likely as a result of the ongoing housing crisis. However, Cal Cities staff continues to explore the creation of a local control ballot measure, outside of the Our Neighborhood Voices Initiative.

The Cal Cities policy committees and Board of Directors considered taking a position on the Our Neighborhood Voices Initiative ballot measure several months ago but ultimately took a neutral position.

Cal Cities’ decision was based on a lack of support from third parties such as labor groups that could help form a coalition to gain the support needed to pass the ballot measure and concern for the unintended consequences of the initiative – that it may not go far enough to ensure that local control would be protected as intended. Additionally, the lack of funding and fundraising capability exhibited by the Our Neighborhood Voices campaign was another factor considered, as it can be very expensive to run a successful initiative campaign.

While the Our Neighborhood Voices Initiative was a new item before the General Assembly, it was not the first time Cal Cities as a body considered the Initiative, or similar measures.

Staff has observed that because the General Assembly is the last item scheduled during the annual conference, voting delegates are generally inclined to oppose opening debate in order to conclude business quickly to catch flights or other transportation. This results in an unintended consequence on the effectiveness of the General Assembly.

Therefore, the City Council may wish to direct staff to send a letter to Cal Cities requesting their consideration to: 1) changing the time of the General Assembly to earlier in the conference to avoid risk of delegates incentivized to vote against opening debate in order to conclude business quickly in order to leave and 2) a voting platform that could be used during the General Assembly to both more accurately count votes as opposed to a voice vote and more quickly tabulate votes than the current method of Cal Cities staff attempting to count raised ballots and/or submitted paper ballots.

Implementation of changes to the Cal Cities bylaws may be required to address the concerns raised over the resolution process. The Cal Cities Board of Directors recently created a governance committee that is responsible for suggesting changes to the bylaws, which are then voted on during the General Assembly.

With respect to the decision of the General Assembly to refer Cal Cities’ support of the Our Neighborhood Voices Initiative to policy committees, the Cal Cities Board of Directors can still support the measure after it has gone through the Cal Cities review process.

Other Cities
At its regular meeting on October 11, 2022, the Torrance City Council voted to discontinue its membership with Cal Cities, effective January 1, 2023, citing a political decision to make a statement of Torrance’s dissatisfaction with Cal Cities’ inability to protect local control.

Item #12. Page 5
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Staff Report Page 6 of 6
At its regular meeting on November 1, 2022, the Rancho Palos Verdes Cal Cities Membership the Rancho Palos Verdes heard an overview of the services provided by Cal Cities and voted to authorize the Mayor to sign a letter to the Cal Cities President, CEO, and Regional Public Affairs Manager, requesting the General Assembly be held earlier during the annual conference, additional voting methods be considered, and expressing the need for Cal Cities to reaffirm its commitment to local control.

Based on the above, Staff seeks City Council direction on the City’s future membership with Cal Cities.

FISCAL IMPACT
Annually, the City pay dues to a variety of its member organizations that advocate on City positions.

Below is a summary of those costs, including the City’s lobbying firm, Gonsalves and Son:
 Cal Cities - $19,000
 Cal Cities LA County Division - $1,400
 ICA - $2,600
 CCCA - $5,800
 SCAG - $6,100
 San Gabriel Valley Economic Partnership - $5,250
 San Gabriel Valley COG - $25,000
 Glendora Chamber of Commerce - $25,000
 Gonsalves and Son - $42,000

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

Prepared By Adam Raymond, City Manager
Concurs With Not Applicable
Reviewed By Kathleen Sessman, City Clerk/Communications 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. Resolution
B. Regional Appointee List (Exhibit A of Resolution)
C. Draft Cal Cities Letter
Item #12. Page 6
Meeting Date: 1/10/2023 / Packet Page #: 490
RESOLUTION CC 2023-____

A RESOLUTION OF THE CITY COUNCIL APPOINTING CERTAIN

ELECTED OFFICIALS AND STAFF MEMBERS TO VARIOUS
REGIONAL AND LOCAL BOARDS AND COMMITTEES FOR 2023

THE CITY COUNCIL
City of Glendora, California
WHEREAS, annually the City Council reviews and makes certain appointments to various regional and local boards and committees of which the City is a member or has a community interest in; and,
WHEREAS, assignments to the City Selection Committee per CA Government Code Section 50270 and County Sanitation District No. 22 per California Health and Safety Code Section 4730 required the sitting Mayor to be the delegate representative; and, WHEREAS, the San Gabriel Valley Council of Governments bylaws require the City legislative body to formally adopt a resolution specifically indicating the delegate and alternate representing the City to be assigned to their governing body; and, WHEREAS, the Independent Cities Risk Management Authority (ICRMA), a joint powers authority created pursuant to the provisions of the California Government Code, the Joint Powers Agreement provides that the legislative body adopt a resolution specifically indicating the city’s delegate, alternate and substitute alternate representatives to the ICRMA Governing Board to represent the city’s interest; and,
WHEREAS, on August 24, 2021, per City Council Policy (Resolution CC 2021-43), the City Council approved the Mayor to be the Alternate to Metro Gold Line Foothill Extension Construction Authority (JPA) each year, unless the Mayor is the Delegate, at which time the City Council will select an Alternative.

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

SECTION 1. The attached exhibit listing Board and Committee appointments has been reviewed and accepted by the City Council indicating various persons and titles assigned to represent the interest of the City of Glendora.

SECTION 2. The appointments to the Cal Cities – LA Division shall be Council Member Karen Davis as delegate, Council Member Michael Allawos will continue to serve as alternate.

SECTION 3. The appointment to the San Gabriel Valley Protection Association shall be Council Member David Fredendall as delegate, and Mayor Gary Boyer as alternative (subject to appointment change to the Rivers and Mountains Conservancy).

SECTION 4. The appointment to the San Gabriel Valley Water Association shall be Public Works Assistant Director Chisom Obegolu as delegate and Council Member David Item #12. Page 7
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Resolution CC 2023-__ Page 2 of 2
Fredendall as alternate.

SECTION 5. The appointments of delegates and alternates to all other regional and local boards and committees shall remain unchanged.

SECTION 6. Authorize City Clerk to update and post FPPC Form 806 Agency Report of Public Official Appointments.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

SECTION 8. The City Clerk is hereby directed to forward a copy of this resolution to the various bodies listed indicating the appointments as approved by the City Council action APPROVED and PASSED this ____ day of January 2023.

City Council of Glendora, California
BY:

GARY BOYER
Mayor
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 January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #12. Page 8
Meeting Date: 1/10/2023 / Packet Page #: 492
2021-22 APPOINTMENTS TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

CITY OF GLENDORA
Updated: Dec 2022 via
(Reso CC 2022-64; Dec 13, 2022 (New Mayor)
MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Delegate Alternate Substitute Alternate
City Selection Committee (213) 974-1431 Boyer *Designated by Mayor N/A Hall of Administration, 500 W. Temple St, Room B-50, LA 90012 (Mayor) (if required) Meets: December for chair selection; once a year as needed [email protected] Loc.: TBD (varies) cityselection.lacounty.gov
• In counties where 2+ cities are incorporated, this Committee appoints city representatives to certain boards, commissions and agencies as prescribed by law (Section 50270, CA Govt Code) • Representative must be Mayor (per above Gov’t. Code)
Sanitation District of LA County District No. 22 (562) 908-4288 Boyer Allawos N/A 1955 Workman Mill Road, Whittier 90601 x 1500 (Mayor)
Meets: 1:30 p.m., 4th Wednesday of the month
Loc.: 1955 Workman Mill Road; Whittier
• Mayor is delegate per Section 4730 of California Health & Safety Code • Any Council Member may serve as the alternate
Foothill Transit Governing Board (626) 931-7204 Boyer* Allawos N/A 100 S. Vincent Ave. #200, West Covina 91790
Meets: 7:45 a.m., as needed
Loc.: Transit Offices - 100 S. Vincent Ave. #200, West Covina • To coordinate efforts of planning, contracting for & operating public transit • City designates who will be representative
Foothill Transit Executive Board Boyer
• Boyer appointed to Executive Board 2019 and must serve as delegate of Governing Board as long as he is on the Executive Board Metro Gold Line Foothill Extension Construction Authority (JPA) (626) 305-7002 Thompson Boyer N/A 406 E. Huntington Dr #202, Monrovia 91016 (Mayor)
Meets: 11:30 a.m., 2nd Thursday of the month
Loc.: (Maria Dalton Community Room - Enter thru 404 E. Huntington Drive) • To participate in planning, funding, design and construction of the Gold Line Phase II • Annual dues as determined annually by Member Cities • Must be a member of the City Council • Four (4) year term, No limit on number of terms • Per City Council Resolution the Alternate shall be the Mayor each year, unless the Mayor is the Delegate, at which time the City Council will select and Alternative (CC Reso 2021-43; dated 9/14/2021) Metro Gold Line Foothill Extension Construction Authority Executive Board Thompson • Appointments made by SGVCOG
Independent Cities Risk Management Authority (ICRMA) (949) 349-9882 Admin Services Asst Director Risk Mgmt 18201 Von Karman, Suite 200; Irvine, CA 92612 Director Human Resources Administrator Meets: 10:00 a.m., 2nd Wednesday of Feb/Apr/Jun/Aug/Oct/Dec Loc.: Host City
• Provides insurance programs to member cities, officers, employees and property against unavoidable losses thru pooling of losses, self-insurance and purchasing insurance. • Delegate may be an elected official. Alternate and substitute alternate may be a City staff member (Bylaws August 2007) • Conference expenses reimbursed-must attend all sessions of conference • Dues: required to be member of ICA for enrollment in ICRMA San Gabriel Valley Council of Governments (COG) (626) 457-1800 Allawos Boyer N/A Governing Board (SGVReg Housing Trust Board of Director) 1000 S. Fremont Ave., Unit 42, Building A-10, Suite 10210, Alhambra 91803 Meets: 4:00 p.m., third Thursday of the month
Loc.: Foothill Transit Offices: 100 S. Vincent Ave., Suite 200, West Covina, CA 91790 • To provide regional and cooperative planning and consideration of government services in the San Gabriel Valley. • Must adopt Resolution naming representatives • Agency membership dues based on population
• Representatives appointed to Board of Directors MUST SERVE as Delegate or Alternate on COG • Must be an elected official
San Gabriel Valley Regional Housing Trust (SGVRHT) JPA Boyer N/A N/A Board of Directors • Boyer appointed to board of directors in 2020 • Representatives appointed to Board of Directors MUST SERVE as Delegate or Alternate on COG • Seven members from jurisdictions that are parties to the Agreement (i.e. any city or the County of Los Angeles); and • Two members that are experts in housing or homeless policy.

Southern California Association of Governments (SCAG) Board (213) 236-1825 Boyer Allawos N/A 900 Wilshire Blvd., Ste. 1700, Los Angeles, CA 90017
Meets: General Assembly meetings annually in May
Loc.: TBD
• Representatives only required to file 700 Form if they attend General Assembly Mtg (Required to File a Assuming/Leaving Stmt after General meeting has ended • To promote economic growth, personal well-being and livable communities in Southern California • Agency membership dues based on population
Independent Cities Association of Los Angeles County (ICA) (424) 374-7168 Fredendall Davis N/A P.O. Box 39381; Downey, CA 90239 Sam Olivito, Interim Director Meets: 7:00 p.m., 2nd Thursday of the month
Loc.: Varies each month
• Agency membership dues are 5 cents per capita, based on State Department of Finance's population • Delegate must be an Elected Official • Representatives attend General membership meetings Feb, Jul, and Sept only • To advocate the best interests of cities Cal Cities - LA Division (League of California Cities) (626) 786-5142 Davis Allawos N/A 1400 K Street, Suite 400, Sacramento, 95814
Meets: 6:00 p.m., 1st Thursday of Jan., Mar, Aug (annual installation dinner), Oct (annual conference/division mtg) & Dec (all cities holiday dinner) Loc.: Varies
• To maintain a central office of information and research for matters pertaining to City government and to influence legislation that affects cities • Agency membership dues required • Delegate must be an elected official
Item #12. Page 9
Meeting Date: 1/10/2023 / Packet Page #: 493
2021-22 APPOINTMENTS TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

CITY OF GLENDORA
Updated: Dec 2022 via
(Reso CC 2022-64; Dec 13, 2022 (New Mayor)
San Gabriel Valley Protective Association (626) 815-1305 Fredendall Boyer N/A 725 N. Azusa Ave, Azusa 91702
Meets: April of each year
Loc.:
• To work with local, state and federal agencies on the use of the natural flow of water in the San Gabriel River, its branches and tributaries. • Designees are water industry professionals
Glendora Community Coordinating Council (626) 335-8164 Davis Fredendall N/A P.O. Box 693, Glendora 91740
Meets: 12:00 p.m., 2nd Mondays of month (No Mtgs in Jul & Aug) Loc.: Continental Restaurant, 316 E. Route 66, Glendora • To provide assistance to those in the community that are less fortunate (i.e. The Holiday Basket Program, Campership Program for Kids) • Youth Recognition Award recognizing outstanding students’ service to the community • Humanitarian Award recognizing citizens’ service to the community Glendora Chamber of Commerce Board of Directors (626) 963-4128 Mendell Boyer N/A 224 N. Glendora Avenue, Glendora 91741
Meets: 7:30 a.m., 3rd Wednesday of the month
Loc.: America's Christian Credit Union - 2100 E. Route 66; Glendora, CA • To promote local business, economic and civic services • Attend monthly board meetings & misc. “mixers” & special events California Contract Cities Association (CCCA) (562) 622-5533 Fredendall Boyer N/A 17315 Studebaker Rd. #210; Cerritos, CA 90703 (562) 222-8135 FAX Meets: Third Wednesday of the Month at 6pm http://www.contractcities.org/ Loc.: Varies
• To serve as a rallying point for cities contracting for municipal services so that we ensure our constituents the best service at the minimum cost • Offer municipal seminars, education, opportunities to exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities San Gabriel Valley Water Association (626) 815-1305 Assistant PW Director Boyer 725 N. Azusa Ave, Azusa 91702
Meets: Meets: 11:30 a.m., last Monday of the Month
Loc.:
• To promote water quality and influence water related legislation • Designees are generally water industry professionals
National Forest Foundation Community Colloborative Fredendall Boyer Meets: Meets:

Loc.:

San Gabriel Valley Mosquito & Vector Control District Board of Trustees (SGVMVCD) Jackie Doornik (Term: 1/1/2021-12/31/2024) 1145 N. Azusa Canyon Road, West Covina, CA 91790
Meets: 7:00 a.m., 2nd Friday of the month
Loc.: Same as Above
• Council appoints to either 2 year term or four (4) year term • To protect residents of the San Gabriel Valley from mosquito-borne diseases and adopt policies through which the District operates. • Attend monthly meetings • The term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority (CA Health and Safety Code Section 2024 (a)) • SGVMVC District’s Nepotism Policy prohibits appointing a person to a position if that person is an immediate family member of a current Trustee or current employee. • Give Quarterly updates to the Glendora City Council during regularly scheduled council meetings held on the 4th Tuesday of the months of January, April, July and October.

ORGANIZATIONS WITHOUT CITY COUNCIL APPOINTED DELEGATES:

These Organizations typically select representative, not regulated by City Council. Staff and Council Members may voluntarily attend meeting, but the City has no designated positions.

San Gabriel Basin Water Quality Authority (WQA Board Members) Jorge Marquez Covina
• Representing Cities with Prescriptive Pumbing Rights - San Gabriel Water Basin • Appointments made by WQA • Election for WQA Board Member and Alternate Member
San Gabriel Valley Economic Partnership (Board) (626) 856-3400 N/A N/A 4900 Rivergrade Road, Ste. B130, Irwindale, CA 91706 (626) 856-5115 FAX Meets: 8:30 a.m., Bi-monthly held on the 2nd Wednesday (Dark: August) sgvpartnership.org [email protected] Loc.: 4900 Rivergrade Road, Training Room 2, Irwindale, CA 91706 • To promote local business, economic and civic services Three Valleys Metropolitan Water District (909) 621-5568 N/A N/A 1021 East Miramar Ave., Claremont, CA 91711 (909) 625-5470 FAX Meets: 8:00 a.m., 1st & 3rd Wednesday's of the month
Loc.: 1021 East Miramar Ave., Claremont, CA 91711
• Member Agency to MWD
• To supplement & enhance local water supplies to meet the region's needs in a reliable & cost-effective manner MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Delegate Alternate Substitute Alternate
Item #12. Page 10
Meeting Date: 1/10/2023 / Packet Page #: 494
CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org

PRIDE OF THE FOOTHILLS
January 10, 2023
The Honorable Ali Sajjad Taj; Carolyn Coleman, Executive Director; and Jennifer Quan, Regional Public Affairs Manager
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
SUBJECT: Request for Consideration of Modifications to the General Assembly Schedule and Voting Procedure and for Cal Cities’ Heightened Commitment to Local Control Dear President Taj, Director Coleman, and Mr. Kiernan:

The City of Glendora joins other cities to express our concern regarding the League of California Cities’ (Cal Cities) commitment to protecting local control, specifically as was exhibited during the 2022 General Assembly in Long Beach. We understand that the vote process adhered to the Cal Cities bylaws, but we are concerned that perverse incentives stymied debate and potentially, the outcome of the vote.

To address this, we join Rancho Palos Verdes by recommending two actions: 1) that the General Assembly be scheduled earlier in the conference; and 2) that electronic voting options be considered to expedite the voting process.

We have observed that many participants in the General Assembly are concerned with catching flights and are therefore disinclined to open debate. We recommend Cal Cities consider scheduling the General Assembly earlier during the Annual Conference. At a minimum, the General Assembly should be called before the leadership transition, swearing in, and associated remarks. Although, we would also encourage you to have the General Assembly as the first item of business on Friday before educational sessions and leadership transitions or consider having it on Thursday. We recognize that moving up the General Assembly will shorten the timeframe for petitioned resolutions such as the one considered in September, but the necessity of rescheduling the General Assembly to avoid concerns with catching flights or other transportation cannot be overstated.

In terms of voting, when votes are close, and voice votes cannot be determined, the process of raising cards and having Cal Cities staff count is relatively slow, further disincentivizing discussion on additional items. Therefore, we also recommend exploration of a voting platform that could be used during the General Assembly to both more accurately count votes as opposed to a voice vote and more quickly tabulate votes than the current method of Cal Cities staff attempting to count raised ballots and/or submitted paper ballots. This will expedite the voting process and provide a verifiable roll call.

Item #12. Page 11
Meeting Date: 1/10/2023 / Packet Page #: 495
CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org

PRIDE OF THE FOOTHILLS
If these adjustments to the General Assembly process require bylaws amendments, we are willing to introduce that resolution for the 2023 General Assembly but would encourage you and the Board of Directors to make the adjustments you can that addresses the significant concerns cities are expressing with the General Assembly voting process.

We understand some of these discussions are already ongoing, and we thank you for your efforts in this matter. Cal Cities serves as a powerful voice in Sacramento. With many freshman members of the Legislature recently sworn in, we encourage you to redouble your efforts to work with new legislators to protect local control and take advantage of this unique opportunity to ensure city voices are being heard.

Cal Cities’ mission is to defend and expand local control, yet we continue to see the erosion of our local land use authority. We rely on Cal Cities to strongly advocate on behalf of California cities, and to use our collective action and platform to protect our interests. We encourage Cal Cities to recommit to this mission and to take stronger actions to protect local control.

Sincerely,
Gary Boyer
Mayor
City of Glendora
Item #12. Page 12
Meeting Date: 1/10/2023 / Packet Page #: 496

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): #3
SUBJECT: RESOLUTION DECLARING THE CLOSURE OF MEDA AVENUE WITHIN THE

GLENDORA VILLAGE FOR THE PURPOSES OF IMPROVING SAFETY AND ECONOMIC DEVELOPMENT (STRATEGIC PLAN ITEM 4-ISED, 51-IMCIF)

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL DECLARING

THE CLOSURE OF MEDA AVENUE WITHIN THE GLENDORA VILLAGE FOR THE PURPOSES OF IMPROVING SAFETY AND ECONOMIC DEVELOPMENT."

EXECUTIVE SUMMARY
In response to public health restrictions during the COVID-19 pandemic, the City of Glendora repurposed public spaces within the Glendora Village to support affected businesses as well further encourage economic activity and development. Simultaneously, the Metro L (Gold) Line construction represents a potential new economic engine for Glendora, especially given the stations’ proximity to the Glendora Village.

Meda Avenue within the Glendora Village (between Glendora Avenue and the first private driveways on either side) is one area the City repurposed along with parking spaces. To formally close Meda Avenue without a formal street vacation process, Assembly Bill 773 (Nazarian) allows cities to designate certain streets as “slow streets” or close them for pedestrian plazas which support economic activity and recreation. The resolution in this report closes Meda Avenue in the areas noted above.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The repurposing of public rights-of-way started in 2019 when the City first experimented with a parklet during the Holiday Stroll. The pandemic and related public health restrictions resulted in a partnership between the City and the restaurants in the Glendora Village to expand parklets to a total of seven and closure of Meda Avenue for the purposes of outdoor dining. Over the past two years, public feedback has consistently shown support for the parklets as well as making the closure of Meda Avenue permanently.

The City Council approved final plans for Meda Avenue and Bus Plaza Improvements on October 25, 2022.

DISCUSSION
Since July 2022, staff engaged with stakeholders to prepare final plans which the City Council adopted in October. Those final plans included major infrastructure improvements to Meda Avenue and the Bus Plaza including shade and lighting poles, street furniture, murals, and a fire pit.

With the expiration of the emergency declaration, the City is no longer able to maintain the closure of Meda Avenue. In addition, as a condition of approval by Southern California Gas Company for the fire pit and gas meter on Meda Avenue, the streets needs to be permanently closed.

Item #13. Page 1
Meeting Date: 1/10/2023 / Packet Page #: 497
Staff Report Page 2 of 2
AB 773 as noted above provides a process for cities to designate streets as “slow streets” or permanently close streets for safety and economic development. The law prescribes the steps needed including robust outreach, evaluation of impacts, and design.

The City has conducted the following steps:
 Public outreach for concepts – July 2021
 Seven formal Board/Council presentations – throughout 2021  Public survey with 339 responses – February 2022
 Nine formal Board/Council presentations – throughout 2022  Closure has not had a negative impact on traffic or circulation in the past two years  Completed final plans in December 2022
While the city has not adopted a formal process, AB 773 allows for resolutions to satisfy the requirements of the law. Long-term, staff is pursuing creation of an ordinance which will clearly define a “slow streets” process.

FISCAL IMPACT
There is no direct fiscal impact related to this action and does not require supplemental appropriations. All funds needed to construct Meda Avenue and Bus Plaza Improvements Projects have been approved and budgeted. The cost to create a Slow Streets Ordinance is $18,000 and is currently budgeted out of Transportation Division Contract Services funds.

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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Slow Streets Resolution for Meda Avenue
B. Presentation
Item #13. Page 2
Meeting Date: 1/10/2023 / Packet Page #: 498
RESOLUTION CC 2023-____

A RESOLUTION OF THE CITY COUNCIL DECLARING THE CLOSURE

OF MEDA AVENUE WITHIN THE GLENDORA VILLAGE FOR THE

PURPOSES OF IMPROVING SAFETY AND ECONOMIC

DEVELOPMENT

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora during the COVID-19 pandemic reallocated public right-of-way within the Glendora Village for outdoor dining and recreational opportunities; and WHEREAS, the popularity and success of the temporary public spaces led to the City designing and implementing permanent outdoor dining and recreational opportunities; and WHEREAS, Assembly Bill 773 (Nazarian) from 2021 allows cities by resolution or ordinance to close or reduce speeds of streets with the goal of improving road safety and supporting economic development and outdoor activities; and WHEREAS, under AB 773, a city can close a street provided certain criteria and public outreach conditions are met.

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

SECTION 1. As defined in AB 773, a city may close a street provided a determination that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street, conducting an outreach and engagement process, and clearly designating the closure or traffic restriction with specific signage.

SECTION 2. Since May 2020, the portions of Meda Avenue between Glendora Avenue and the first private driveways to the east and west have been closed to vehicular traffic with no adverse impact on circulation or added congestion on adjoining streets.

SECTION 3. Since August 2021, the City has engaged with businesses, property owners, residents, and stakeholders on planning and design for the Meda Avenue areas collectively known as the Meda Avenue Plazas. The outreach has consistently demonstrated strong desire for permanent closure and use as a plaza for outdoor dining, recreation, and to support economic activity within the Glendora Village.

SECTION 4. Permanent closure of this street allows the City to implement the planned physical upgrades to the site to encourage community gathering, outdoor dining, recreation, and economic activity.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Item #13. Page 3
Meeting Date: 1/10/2023 / Packet Page #: 499
Resolution CC 2023-_____ Page 2 of 2
APPROVED and PASSED this ____ day of January, 2023.

City Council of Glendora, CA
BY:

GARY BOYER
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #13. Page 4
Meeting Date: 1/10/2023 / Packet Page #: 500

RESOLUTION DECLARING CLOSURE OF
MEDA AVENUE (4-ISED, 51-IMCIF)
Community Development
City Council
January 10, 2023
Steven Mateer, Transportation Superintendent CityOfGlendora.org Item #13. Page 5
Meeting Date: 1/10/2023 / Packet Page #: 501
2 OVERVIEW
• Background
• Final Plans
• Slow Streets
• Next Steps
Item #13. Page 6
Meeting Date: 1/10/2023 / Packet Page #: 502
3 BACKGROUND
• Outdoor Dining
• Plaza Concepts
• SGVCOG Slow Streets
• Concept Refinement
• Final Plans
Item #13. Page 7
Meeting Date: 1/10/2023 / Packet Page #: 503
4 CONCEPT PLANS
Item #13. Page 8
Meeting Date: 1/10/2023 / Packet Page #: 504
5 CONCEPT PLANS
Item #13. Page 9
Meeting Date: 1/10/2023 / Packet Page #: 505
6 CONCEPT PLANS
Item #13. Page 10
Meeting Date: 1/10/2023 / Packet Page #: 506
7 CONCEPT PLANS
Item #13. Page 11
Meeting Date: 1/10/2023 / Packet Page #: 507
8 CONCEPT PLANS
Item #13. Page 12
Meeting Date: 1/10/2023 / Packet Page #: 508
9 CONCEPT PLANS
Item #13. Page 13
Meeting Date: 1/10/2023 / Packet Page #: 509
10 SLOW STREETS RESOLUTION
• Expiration of Emergency Declaration
• Assembly Bill 773
• Declare slows streets or closures via resolution and ordinance • Support economic development, health, and safety
• Street slowing/closure process
• Needed to allow SoCal Gas to install gas meter
Item #13. Page 14
Meeting Date: 1/10/2023 / Packet Page #: 510
11 SLOW STREETS RESOLUTION
• Meda Avenue Slow Street Process
• Public outreach for concepts – July 2021
• Seven formal Board/Council presentations – throughout 2021 • Public survey with 339 responses – February 2022
• Nine formal Board/Council presentations – throughout 2022 • No negative impact on traffic or circulation in the past two years • Completed final plans in December 2022
Item #13. Page 15
Meeting Date: 1/10/2023 / Packet Page #: 511
12 MILESTONES AND NEXT STEPS
• Final Plans Prepared in December 2022
• Furnishings Arrived January 2023
• Bid Opening for General Contractor on January 12, 2023 • Award Construction Contract on February 14, 2023
• Install lighting and shade poles and sails: Mid-February 2023 • Repaint street: Mid-March 2023
• Install furniture Mid-March 2023
• Complete construction: Mid-March 2023
• Develop Slow Streets Ordinance by Spring 2023
Item #13. Page 16
Meeting Date: 1/10/2023 / Packet Page #: 512
13 That the City Council:

1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE

CITY COUNCIL DECLARING THE CLOSURE OF MEDA AVENUE WITHIN

THE GLENDORA VILLAGE FOR THE PURPOSES OF IMPROVING
SAFETY AND ECONOMIC DEVELOPMENT."
Item #13. Page 17
Meeting Date: 1/10/2023 / Packet Page #: 513

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: AWARD A CONTRACT TO JAN’S TOWING INC FOR POLICE TOWING SERVICES FOR

THREE YEARS WITH OPTIONS TO RENEW FOR TWO ADDITIONAL ONE YEAR TERMS

RECOMMENDATION
That the City Council:

1. Award a three-year contract to Jan’s Towing Inc. for police towing services, with an option to renew for two (2) additional one (1) year terms; and,

2. Authorize the City Manager or his designee to execute the Agreement and any subsequent renewals including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
On November 8, 2022, City Council approved a month-to-month contract with Jan’s Towing Inc. for police tow services, in effect until the Request for Proposals (RFP) process could be completed. An RFP for police tow services for the City of Glendora was posted on Quest CDN on October 24, 2022 and advertised in the San Gabriel Valley Examiner on November 3, 2022. The proposal submissions closed on November 21, 2022. Jan’s Towing Inc. was the only contractor to submit a proposal.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 29, 1997, the City entered into a contract and franchise agreement with Jan’s Towing to provide exclusive official police tow services. The contract was extended several times and the City awarded a new contract and franchise agreement to Jan’s Towing on July 25, 2006, and again on September 17, 2017. This contract was also extended twice and is currently expired. On November 8, 2022, a month-tomonth contract with Jan’s Towing Inc. was approved, pending the completion of the RFP process, and an award of a new contract approved by City Council.

DISCUSSION
The Police Department requires a tow company that can provide “non-consensual” vehicle towing and storage operations 24 hours a day, seven days a week, including holidays, with a maximum response time between 20 minutes (daytime) and 25 minutes (nighttime). Typical towing situations include removing illegally parked vehicles, towing inoperative vehicles due to traffic collisions or mechanical breakdowns, and the storage/impoundment of vehicles for investigations, evidence, and violations of law.

The tow company must have tow trucks that have the capability of removing different types of vehicles in various conditions from the roadway and off the roadway. Different towing situations may require a flatbed tow truck, heavy duty tow truck, or a tow truck with off-road recovery capabilities. Tow trucks must have the proper equipment, be in good mechanical shape, legally registered, and inspected annually. In addition, the drivers of the tow trucks must be properly licensed, trained, qualified to perform towing services, and capable of passing a background investigation.

Towed vehicles and their contents must be stored at a secure storage facility. The primary storage facility must be located within one mile of the city limits to provide timely access to police employees and Item #14. Page 1
Meeting Date: 1/10/2023 / Packet Page #: 514
Staff Report Page 2 of 2
community members. The storage facility needs additional areas within that restrict access for vehicles held as evidence. The tow company must be properly licensed, insured, and comply with all laws in all areas of their operation. In addition, the rates they charge shall be reasonable and comparable to other local towing companies.

Jan’s Towing has been providing these services to the City of Glendora since 1997. In addition, Jan’s Towing provides tow service for the Automobile Club of Southern California, United States Forestry, Los Angeles County Sheriff’s Department, California Highway Patrol, and other local police departments such as Azusa, Irwindale, and Covina. The police department is satisfied with the performance of Jan’s Towing and is seeking council approval of a new three-year contract with Jan’s Towing Inc., with the option to renew for two additional one-year terms.

FISCAL IMPACT
For the privilege of being the exclusive tow provider for the City of Glendora, the City requires a minimum franchise fee of $3,500 per month. In their proposal, Jan’s Towing agrees to pay this franchise fee.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By Julie Linger, Management Analyst
Concurs With Not Applicable
Reviewed By Matt Egan, Chief of Police
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 (RFP)
B. Proposal from Jan’s Towing Inc.

C. Contract
D. Power Point Presentation
Item #14. Page 2
Meeting Date: 1/10/2023 / Packet Page #: 515
CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org

REQUEST FOR PROPOSAL (RFP)
QuestCDN #8323179
Towing Services for the City of Glendora
RFP Release Date: Monday, October 24, 2022
Contact Name(s):

Address:

E-mail address:

Jason Tibbetts, Police Sergeant
150 S. Glendora Ave
Glendora, CA 91741
[email protected]
Deadline for questions and objections: Monday, November 7, 2022 at 5:00 pm Proposal Due:

Location:

Monday, November 21, 2022 - no later than 10:00 am
Pacific Time
Electronic proposal submission
through QuestCDN is required
Item #14. Page 3
Meeting Date: 1/10/2023 / Packet Page #: 516
City of Glendora Page 2 of 35
QuestCDN#8323179– Towing Services for the City of Glendora

INTRODUCTION
The City of Glendora invites proposals from qualified vendors to provide vehicle towing and storage services as requested by the Glendora Police Department in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP).

The City of Glendora requires a well-managed and financially sound firm with a demonstrated history of experience and technical ability, qualified and trained personnel, secure and well-maintained facilities, updated and reliable equipment, and high level of customer service to fulfill the requirements outlined in this RFP.

INSTRUCTIONS
This RFP includes a description of the scope of services, proposals requirements, and instructions for submitting your proposal. Failure to comply with these instructions may result in rejection of your proposal.

No oral representations or interpretations will be made to any interested proposer as to the meaning of the RFP. Questions, regarding this RPF should be sent via e-mail to Sgt. Tibbetts at the address noted above.

TENTATIVE SCHEDULE
The following represents the schedule for this RFP.

RFP released by the City 10/24/22
Deadline for Final Questions 11/7/22
City Responses to Written Questions 11/14/22
Proposal Submission Deadline 11/21/22
Contract Approval by City Council 12/13/22
Commencement of Services 12/14/22

SCOPE OF SERVICES
The scope of services to be provided and tow operator requirements are described in Exhibit “A” of this RFP.

AGREEMENT TERM
The initial contract will be from the date of the award for a term of three (3) calendar years . The City reserves the right, in it’s sole discretion, to renew the contract for up to, two one-year extended calendar year terms. The successful proposer who is awarded the contract shall not assign or otherwise transfer the same during the life of the initial and any extended term of the contract.

DOCUMENTS INCLUDED WITH THIS RFP
Name Description Where to find
Attachment A Proposal Certification In main RFP document Attachment B Technical Proposal In main RFP document
Attachment C Cost Proposal In main RFP document
Attachment D Previous customer
reference worksheet
In main RFP document
Item #14. Page 4
Meeting Date: 1/10/2023 / Packet Page #: 517
City of Glendora Page 3 of 35
QuestCDN#8323179– Towing Services for the City of Glendora Attachment E Exemplar Consultant
Services Agreement which
includes Insurance
Requirements.

Separate Attachment

HOW TO OBTAIN THIS RFP

1. Request for Proposal (RFP) information can be downloaded at www.questcdn.com using QuestCDN #8323179. 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 proposal) 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 $10.00 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 Sgt. Jason Tibbetts at [email protected].

4. Each Proposal must conform and be responsive to all requirements set forth in the RFP.

Vendor/Consultants will need to register with the provider of this service, Quest Construction Data Network.

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 theRFP.

EXCEPTIONS

1. Any exceptions to the requirements of this RFP must be submitted in writing to Sgt. Tibbetts as noted above. Any such exceptions must specify the RFP section number and title, as well as a description and rationale for the requested exception.

2. All exceptions, questions, or inquiries must be received by the deadline stated on the cover sheet.

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PROPOSAL SUBMITTAL REQUIREMENTS

GENERAL
You must respond to this RFP by the due date and time as set in the RFP. Proposals submitted after the due date and time will not be opened or considered. Each Proposal must conform and be responsive to all requirements set forth in the RFP to be deemed responsive. Proposals deemed non-responsive will not 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 $10.00 will be required to submit your proposal
NO ORAL, FACSIMILE OR TELEPHONIC 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.

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 point typeface and margins should be 1 inch or wider.

COVERLETTER
Provide a cover letter providing an overview of proposer’s general expertise, capacity, experience, and approach to performing the work described in this RFP.

The cover letter should address any pending or current litigation related toservices provided by your firm, and any terminated contracts within the past five years with an explanation of the reasons for termination.

TECHNICAL PROPOSAL
Provide a technical proposal as Attachment B, Technical Proposal and include the following:

Company Overview

1. Provide the names and background information on key staff members that will be assigned to this project.

2. Include a client list with contact information where your firm has performed similar services, and when theywere performed.

Project/Design Approach

1. Provide a brief description of the plan and approach you will take to accomplish to complete the Scope of Services.

2. Please present a high-level timeline for the services performed, form project kick-off to completion.

3. Include key assumptions that you are making regarding the commitment of City time and Item #14. Page 6
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COSTPROPOSAL
Provide a not-to-exceed cost proposal using Attachment C, Cost Proposal.

ATTACHMENTS
Attachment A - Proposal Certification
Attachment B - Technical Proposal
Attachment C - Cost Proposal (see above)
Attachment D - Previous Customer Reference Worksheet
Please provide two client references. Complete this form by providing a description of the work performed for the reference customer as it relates to the work described in this RFP. Copy the form as appropriate to provide the required number of references.

Attachment E - Exemplar Consultant Services Agreement which includes Insurance Requirements.

Selected proposer will be required to enter a final agreement with the City containing the terms and conditions and insurance provisions set forth in Attachment D.

SELECTION PROCESS AND EVALUATION CRITERIA

SELECTION PROCESS

1. Proposal Review Phase - Proposals will be evaluated per the criteria and weights listed in the table below

2. Vendor Interview Phase - At the City’s discretion, firms submitting the highest scoring proposals may be interviewed and scored per the criteria and weights in the table below.

3. 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 score at the completion of the Vendor Interview Phase.

4. The City reserves the right to rely on information from sources other than the information provided by the respondents.

5. Final award shall be contingent upon selected firm (Consultant) accepting the Terms and Conditions of the attach contract for professional services (with any exceptions to the same approved by the City).

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EVALUATION CRITERIA
Description Proposal
Review Phase
Proposal Responsiveness Pass/Fail
Experience/Qualifications of Staff 34%
Understanding of the Scope of Services 33%
Proposed Cost 33%
TOTAL Proposal Score 100%
Description Vendor
Interview Phase
Oral Interview 100%
TOTAL Vendor Score 100%

BEST AND FINAL OFFER (BAFO)

1. A Best and Final Offer (BAFO) may be held with one or more finalist(s) if final information or clarification is necessary in order to make a final decision. The BAFO may allow proposers to revise their proposals based on information received from the City. The City will send out the request for a BAFO with instructions addressing the areas to be covered and the date and time in which the BAFO is to be submitted. After receipt of the BAFO, scores may be adjusted based on the new information received in the BAFO.

2. The City will request only one BAFO, unless the City’s Purchasing Officer determines that another BAFO is warranted.

3. Proposers are cautioned that the BAFO is optional and at the sole discretion of the City.

Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or price proposals after their original submission of technical and cost proposals.

Proposers may not request an opportunity to submit a BAFO.

GROUNDS FOR DISQUALIFICATION

1. Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration:
a. 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.
b. Any attempt to improperly influence any member of the evaluation team. c. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City.
d. Evidence of incorrect information submitted as part of the proposal. e. Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal.
f. 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.
g. Proposer’s default under any previous agreement with the City.

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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 termsand 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 and the City issues a written “notice to proceed.”

RIGHTS OF THE CITY OF GLENDORA
A. 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 responsive proposals or in anticipation of a contract. The City reserves the right to:
a. Accept a proposal in full, or in part.
b. Make the selection based on its sole discretion.
c. Reject any and all proposals.
d. Issue subsequent Requests for Proposals.
e. Postpone opening proposals for any reason.
f. Approve or disapprove the use of particular subconsultants. g. Negotiate with any, all, or none of the Proposers.
h. Accept other than the lowest monetary proposal.
i. Waive informalities and irregularities in any proposal(s). j. Enter into an agreement with another vendor in the event the originally selected vendor defaults or fails to execute an agreement with the City.

PUBLIC NATURE OF PROPOSAL MATERIAL

1. 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 §§ 6250 et seq.) All documents that you send to the City will be subject to disclosure if requested by a member of the public.

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ATTACHMENT A
Proposal Certification
Proposing Firm
Name:

Address:

Telephone:

Facsimile:

E-mail:

Contact person name and title:

PROPOSER REPRESENTATIONS

1. Acknowledgement of Receipt of _____ Addendum ________Initial

2. Proposer did not, in any way, collude, conspire, or agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms, or conditions of this proposal.

3. Proposer acknowledges that all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFP document or permitted by formal addenda are accepted by the City.

4. Proposer did not receive unauthorized information from any City staff member or City Consultant during the Proposal period except as provided for in the Request for Qualifications package, formal addenda issued by the City, or the pre-proposal conference.

5. As suppliers of goods or services to the City of Glendora, Proposer and individuals listed below certify that they do not discriminate in employment of any person because 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; and that they are in compliance with all Federal, State and local laws, directives and executive orders regarding nondiscrimination in employment.

6. Proposer hereby certifies that the information contained in the proposal and all accompanying documents is true and correct.

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7. Please check the appropriate box below:

If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she is doing business under a fictitious name, the proposal shall so state.

If the proposal is submitted by a partnership, the full names and addresses of all members and the address of the partnership shall be stated and the proposal shall be signed for all members by one or more members thereof.

If the proposal is submitted by a corporation, it shall be signed in the corporate name by an authorized officer or officers.

If the proposal is submitted by a limited liability company, it shall be signed in the corporate name by an authorized officer or officers.

If the proposal is submitted by a joint venture, the full names and addresses of all members of the joint venture shall be stated and it shall be signed by each individual.

By signing below, the submission of a proposal with all accompanying documents shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and that they have read and understand the RFP.

Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

Complete additional signatures below as required per # 8 above Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

Authorized Representative
Signature:

Authorized Representative
Print name:

Authorized Representative
Title (Print title):

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ATTACHMENT B
TECHNICAL Proposal – Phase 1
Technical Proposal shall include a company overview and project approach as outlined in the RFP.

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ATTACHMENT C
COST Proposal – Phase 1
Pricing shall be not to exceed pricing and inclusive of all expenses including but not limited to labor, travel, per diem, and related expenses, sales tax, overhead, and profit.

Please provide a high level breakdown of the labor by discipline (eg program manager, designer, etc.) the estimated number of hours, and hourly and extended rates.

All-inclusive not to exceed Contract Price as described above: $ Item #14. Page 13
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12 ATTACHMENT D

PREVIOUS CUSTOMER REFERENCE WORKSHEET
Provide reference information for the service you are proposing in an environment similar in size and scope to the requirements of this project. Copy this form as appropriate.

Name of Customer:

Customer Address
Customer Contact Name(s)
Customer Contact Phone Number(s)
Brief description of work performed for this client (use additional sheets if necessary and include is reference is for broker, claims or administrative services):

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33 ATTACHMENT E

EXEMPLAR CONSULTANT SERVICES AGREEMENT

CITY OF GLENDORA

AGREEMENT FOR TOWING CONTRACT SERVICES
________________
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 municipal corporation (“City”) and ______________ (herein “Operator”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF OPERATOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Operator shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Operator warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Operator 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 the Agreement.

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

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Operator shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of ______________________________ Dollars ($________) (“Contract Sum”).

2.2 Invoices. Each month Operator 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, Operator is certifying compliance with all provisions of the Agreement. The invoice 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 Item #14. Page 15
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33 detailed by such categories. Operator shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Operator 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 Operator which are disputed by City, City will use its best efforts to cause Operator to be paid within forty five (45) days of receipt of Operator’s correct and undisputed invoice; however, Operator acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Operator for correction and resubmission.

Review and payment by the City of any invoice provided by the Operator shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 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 Project Manager to the Operator, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Operator. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance. Operator 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 Operator, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding thirty (30) 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 Operator, 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 utility company or governmental agency, including the City, if the Operator shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement.

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33 In no event shall Operator be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Operator’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

4. COORDINATION OF WORK

4.1 Representative of Operator. ____________________________ is hereby designated as being the representative of Operator authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Operator and any authorized agents shall be under the exclusive direction of the representative of Operator. Operator shall utilize only competent personnel to perform services pursuant to this Agreement. Operator shall make every reasonable effort to maintain the stability and continuity of Operator’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Project Manager. ______________________________ [or such person as may be designated by the City Engineer or Public Works Director/Community Services Director] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment. Operator shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Operator, its agents or employees, perform the services required herein, except as otherwise set forth. Operator shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Operator 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, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Operator shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, either Item #14. Page 17
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33 the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Operator against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Operator’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Operator’s services or the termination of this Agreement.

During this additional 5-year period, Operator shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Operator 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 be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Operator’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Project Manager. No work or services under this Agreement shall commence until the Operator has provided the City with Certificates of Insurance, additional Item #14. Page 18
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33 insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Operator 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 Operator, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Operator is legally liable (“indemnitors”), or arising from Operator’s or indemnitors’ reckless or willful misconduct, or arising from Operator’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Operator 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 attorney’s fees incurred in connection therewith;
Operator 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 Operator hereunder; and Operator agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Operator 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 Operator hereunder, Operator 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 attorney’s fees.

Operator shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Operator 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 Operator 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, Item #14. Page 19
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33 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 Operator and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Operator shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager 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.

6.2 Reports. Operator shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement or as the Project Manager shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Operator in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Operator. Operator shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Project Manager.
(b) Operator shall not, without prior written authorization from the Project Manager 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 Operator gives the City notice of such court order or subpoena.
(c) If Operator provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Operator for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Operator’s conduct.
(d) Operator shall promptly notify the City should Operator 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 thereunder. The City retains the right, but has no obligation, to represent Operator or be present at any deposition, hearing or similar proceeding.

Operator agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Operator.

Item #14. Page 20
Meeting Date: 1/10/2023 / Packet Page #: 533
33 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Operator in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Operator shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Operator 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.

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 Orange, State of California. 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 Orange, State of California.

7.2 Disputes; Default. In the event that Operator is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Operator for any work performed after the date of default. Instead, the City may give notice to Operator of the default and the reasons for the default. The notice shall include the timeframe in which Operator may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Operator is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.

If Operator does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 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, Operator shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

7.4 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 written notice to Operator. In addition, the Operator may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt Item #14. Page 21
Meeting Date: 1/10/2023 / Packet Page #: 534
33 of any notice of termination, Operator shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Operator has initiated termination, the Operator 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 Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. In the event the Operator has initiated termination, the Operator shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. 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.

7.5 Termination for Default of Operator. If termination is due to the failure of the Operator 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 Operator 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 Operator for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Operator 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. Operator shall take affirmative action to ensure 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

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Operator, 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 Operator or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to Kathleen Sessman, or Alison Sweet, City of Glendora, 116 E. Foothill Boulevard, California 91741 and in the case of the Operator, 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.

8.4 Integration; Amendment. 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 Item #14. Page 22
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33 the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

8.7 Attorney’s 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

8.9 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.

8.10 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. Operator 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. Operator 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 Item #14. Page 23
Meeting Date: 1/10/2023 / Packet Page #: 536
33 consequence of obtaining or being awarded any agreement. Operator 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.

Operator’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
Item #14. Page 24
Meeting Date: 1/10/2023 / Packet Page #: 537
33 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CERTIFY AVAILABILITY OF FUNDS: CITY:

City of Glendora, a municipal corporation
______________________________________
Marie Ricci
Administrative Services Director
Karen Davis
Mayor
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP ATTEST:
______________________________________ ______________________________________ William W. Wynder
City Attorney
Kathleen R. Sessman
City Clerk/Communications Director
OPERATOR:
(INSERT COMPANY NAME)
By: __________________________________
Name:

Title:

By: __________________________________
Name:

Title:

Address:______________________________
______________________________
______________________________
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 O REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Item #14. Page 25
Meeting Date: 1/10/2023 / Packet Page #: 538
01006-0001/301444.1
32 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
___
__________________________________
____
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Item #14. Page 26
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33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
___
__________________________________
____
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Item #14. Page 27
Meeting Date: 1/10/2023 / Packet Page #: 540
301444.10 A-1
EXHIBIT “A”

SCOPE OF SERVICES

SCOPE OF SERVICES AND TOW OPERATOR REQUIREMENTS
Operator will be responsible for all Glendora Police Department (GPD) calls for tow services.

Typical towing situations will include, but not limited to, removing illegally parked vehicles, towing inoperative vehicles as a result of a traffic collision, mechanical breakdowns, storing, or impounding vehicles for investigations, evidence or due to a violation of law. Additionally, those requests made to GPD by a private citizen for undesignated towing services will be referred to the appropriate tow provider. Operator recognizes there will be no charge for the towing of City vehicles either to the GPD, City Yard, or to a suitable local place of repair.

1. GRANT OF REFERRAL
GPD will refer all tow services to the Operator, on the condition that the Operator is available to perform the services set forth in its agreement within the City. The agreement applies to calls originating from or generated by or through GPD (collectively referred to as “calls” or “response calls”). If the Operator is not available at the time of the request or is unable to respond within the required time, the handling officer or field supervisor may request another towing service.

2. FRANCHISE FEE
For the privilege of being the exclusive Official Police Tow Service (OPTS) provider for the City of Glendora, the city requires a minimum of a $3500 monthly Franchise Fee be paid to the city from the successful vendor. This Franchise Fee is not contingent upon the number of vehicles stored or impounded. Payment of the Franchise Fee must be submitted to the city within 15 business days following the previous month. Failure to remit fees is grounds for suspension and/or revocation of any award of Contract by the City of Glendora in its sole determination.

3. LOCATION OF BUSINESS OFFICES AND MAIN STORAGE LOTS
Operator’s office must operate and maintain a storage lot and business on the same site within one mile of the city limits of City to allow for convenient access by GPD personnel and the public.

This lot will be referred to as the “primary storage lot.” Operator may operate a “secondary storage lot” outside of City which will be used for over-fill or back up purposes if the primary storage lot is full. This secondary storage lot must be within five miles of the city limits of City.

5. TOW TRUCK CLASSIFICATIONS
A. Operator shall equip and maintain tow trucks covered under the agreement in accordance Item #14. Page 28
Meeting Date: 1/10/2023 / Packet Page #: 541
with the provisions set forth in the California Vehicle Code and consistent with industry standards and practices.

B. Operator shall provide three (3) classes of tow trucks, or may substitute a tow truck in a larger weight category for the absence of a tow truck in a lower weight category:

Class A – Light Duty
Operator shall maintain a minimum of one tow truck with a manufacturer’s Gross Vehicle Weight Rating of 14,000 to 19,500 pounds with wheel lift capabilities. In addition, the Operator may have a car carrier. Class A equipment specifications are those established by the California Highway Patrol, as amended from time to time, and are available through the Traffic Office at the GPD.

Class B – Medium Duty
Operator shall maintain at least one tow truck with a manufacturer’s Gross Vehicle Weight rating of 26,000 to 33,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class B equipment specifications are those established by the California Highway Patrol, as amended from time to time, and are available at the Traffic Office of the GPD.

Operator may have a carrier, but the carrier must be an additional unit.

Class C – Heavy Duty
Operator shall maintain or have access to at least one tow truck with a manufacturer’s Gross Vehicle Weight rating of at least 48,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle. Class C equipment specifications are those established by the California Highway Patrol, as amended from time to time, and are available at the Traffic Office of the GPD.

Class D – Super Heavy Duty Recovery Vehicle
Operator shall maintain or have access to at least one tow truck with a manufacturer's Gross Vehicle Weight rating of at least 54,000 pounds. The truck shall be equipped with air brakes, a rotator, and must be capable of providing and maintaining continuous air to the towed vehicle. If this class of tow truck is used exclusively for salvage and recovery operations, there is no requirement for providing and maintaining continuous air to the towed vehicle. Class D equipment specifications are those established by the California Highway Patrol, as amended from time to time, and are available at the Traffic Office of the GPD.

C. Operator shall provide sufficient tow trucks in each of the foregoing classes of sufficient higher weight class tow truck substitutions to ensure that the Operator responds to each call for service within the 15-minute maximum response time. It is understood that the response time for heavy-duty tow vehicles may reasonably exceed the maximum response time.

6. TOW DRIVERS
A. Operator shall ensure that only qualified and competent tow drivers respond to calls for service initiated by the GPD. Tow truck drivers shall be at least 18 years old and possess Item #14. Page 29
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the following minimum class driver’s license and qualifications:
• Class A Tow Truck – A valid class C license, or valid class A (1) license with a valid medical certificate.
• Class B Tow Truck - A valid class A (1) license with a valid medical certificate.
• Class C/D Tow Truck – CTTA (California Tow Truck Association) certified within last five years, and a valid class A (1) license with a valid medical certificate.

B. The Class (A) 1 license shall be endorsed to allow the operation of special vehicle configurations and/or special cargos.

C. Operator shall maintain a current list of drivers and provide GPD a list of drivers performing services for the City.

D. Operator shall enroll/participate in the Department of Motor Vehicle’s Pull Notice Program.

Current and new employees shall submit their California driver’s license numbers to the Operator for input into Department of Motor Vehicle’s Pull Notice Program.

E. Operator is required to enroll in a Drug Testing program for all drivers working in the City and the results shall be forwarded to the Traffic Supervisor.

F. Operator is required to pay the DOJ Live Scan fees for all drivers towing in the City (Live Scan to be performed at GPD).

G. Operator shall procure and maintain in full force and effect a City Business License during the term or any extended term.

H. Criminal History checks (All Felony/Fraud and DUI Convictions) on drivers working within the City.

7. RATES
A. Operator shall not charge any fees in excess of the fees approved by the City Council.

B. The total time for towing shall be computed from the time of call to the end of service. All time shall be charged at the hourly rate. Operator may charge a minimum of 60 minutes per call. All time spent on a call in excess of 60 minutes shall be charged in 15-minute increments. There shall be no additional charges (mileage, labor, etc.). Any secondary towing requested by a customer is subject to negotiation between the Operator and the customer. Operator shall inform the customer of all differences in the hourly rate for the secondary towing service and provide an estimate of the final cost.

C. Charges for service calls at the request of the GPD (out of gas, lockouts, etc.) shall be computed from the time of call to the end of service. Service calls are charged at the hourly rate within a minimum of 30 minutes per call. Charges in excess of 30 minutes shall be charged in increments of 15 minutes.

D. Fees for special operations:

Item #14. Page 30
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For special operations involving Class B or C tow trucks, Operator shall only charge Cityapproved fees for “vehicle recovery operations” and “load salvage operations”. Charges in excess of 30 minutes shall be billed in 15-minute increments. Hourly rates for auxiliary equipment including: (1) Auxiliary equipment (airbags, dolly, additional trailer, etc.); (2) Contracted equipment (airbags, dolly, additional trailer, forklifts, scoop loaders, etc.); and (3) Contract labor will be as approved by the City Council.

Regardless of the class of tow truck, charges shall not be more than the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class of truck.

E. Storage Fees

1. Operator shall only charge the storage fees approved by the City.

2. Operator shall display in plain view at all cashiers stations a sign as described in California Civil Code section 3070 disclosing all storage fees and charges in force, including the maximum storage rate.

F. Owners of vehicles stored 24 hours or less shall be charged no more than one day of storage. Each day thereafter shall be calculated by calendar days.

G. The schedule of rates charged by Operator shall be available in the tow truck and shall be presented upon demand to the person(s) for whom the tow services were provided, or their agent, or the police officer at the scene.

H. Operator shall submit a monthly report outlining the number of tows, the date and time of tow, the location of tow, and the release date and time of all towed vehicle.

8. RESPONSE TO CALLS
A. Operator shall respond to calls generated by or through the GPD, 24 hours a day, seven days a week, within the maximum response time of 15 minutes. At the time of notification, Operator will advise dispatch when Operator(s) are unable to respond or meet the maximum response time.

B. When an Operator vehicle that was not called to a scene comes upon a collision scene where a vehicle or vehicles are blocking a roadway, an officer may request that vehicle’s assistance in clearing the roadway. In such cases, the Operator may be requested, as directed by the officer, to move the vehicle to a safe location and leave it. There shall be no charge for this assistance. The Operator will clean the collision scene by sweeping up glass and other debris.

C. All questions and disputes regarding the validity of the towing service rendered generating from a GPD call for service shall be referred to the Traffic Supervisor or his/her designee during business hours, Monday through Thursday, excluding holidays.

9. PAYMENT FOR TOWING SERVICES RENDERED
A. Owners of vehicles towed by order or request of the GPD are responsible for all services, whether regular or special, associated with the towing service. Operator shall provide itemized bills, distinctively showing charges for all classifications of services, including the Item #14. Page 31
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charges for late payment.

Neither City nor GPD will be responsible or liable for any costs of towing services in the event that the vehicle owner refuses or is unable to pay for the services.

10. BUSINESS HOURS
Operator shall have normal business hours from 0800 to 1700 hrs, five days a week (Monday through Friday) and 0800 to 1200 hours on Saturday, excluding legal holidays.

Police availability: Operator shall make their services available on a 24-hour, 7 day a week basis, including holidays.

Public availability: Operator shall have an employee available in person during normal business hours at the OPTS office to handle requests for service and release of impounded/stored vehicles. Normal business hours will be from 0800 to 1700 hrs, five days a week (Monday through Friday) and 0800 to 1200 hours on Saturday, excluding legal holidays.

11. STORAGE FACILITY
Storage lots must be in compliance with all City, State, and Federal regulations relating to the operation and maintenance of tow service business. Vehicles stored or impounded by order of the GPD must be stored at one of these lots unless prior approval is granted by the on-duty Watch Commander. Provisions must be made for adequate security of vehicles and property stored and under the control of Operator. Minimum standards for these lots include:

1. All vehicles shall be stored in a building or in an area that is enclosed by a substantial wall or fence which meets the requirements of the jurisdiction in which the facility is located, and approved by GPD.

2. Required storage facilities must comply with the Municipal Codes for the city that the business is located, and/or meet approved county codes if applicable.

3. Due to the involvement in the commission of crimes, preservation of evidence, or for other reasons the Operator shall maintain an enclosed locked storage facility where the storage spaces shall be protected from the elements of weather, tampering, and other forms of contamination.

4. Operator shall release personal property from the vehicle to the vehicle’s owner or their agent upon demand and authorization by the GPD pursuant to California Vehicle Code § 22851(b). Items that are not affixed to the vehicle are considered personal property.

5. An impounded or stored vehicle shall be released only upon prior written authorization from the GPD.

6. A vehicle that is not impounded shall be released upon request of the registered owner or person in control of the vehicle, pursuant to California Vehicle Code § 22850.3.

Item #14. Page 32
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15. BUSINESS RECORDS
A. Operator shall maintain all tow records of services, including a description of vehicles towed, time, location of calls and total itemized costs of towing and storage. GPD may inspect, without notice, Operator’s records during business hours.

B. Lien sale records of vehicles towed or stored under the tow service agreement shall be available to GPD for review during business hours.

C. Records shall be maintained and available for inspection for a period of four years from the date of service provided.

D. All records required to be kept by the Operator shall be available for inspection by representatives of the Glendora Police Department and the California Highway Patrol during normal business hours or 6within reasonable time period requested by either agency for after hour inspection.

16. COMPLIANCE WITH LAW
A. Operator shall at all times comply with Federal, State, and local laws and ordinances.

B. In the event of a traffic infraction or misdemeanor traffic violation by a tow truck driver, GPD reserves the right to request that such driver be removed from providing services to City, and Operator shall immediately comply with such request.

C. Operator and/or its employees and/or drivers shall not have convictions of specific sexual crimes (those outlined in Section 2432.3(b)(2) of the California Vehicle Code), violent crimes, or drug, alcohol, theft, fraud, embezzlement, or similar crimes which directly relate to his/her/its fitness to provide services. Any conviction may be cause for termination of the tow service agreement. Alternatively, GPD may request that any employee or driver convicted of any such crime be removed from providing services to City, and Operator shall immediately comply with such request.

D. Any misdemeanor conviction of an owner or principal of Operator and/or any employee or driver of Operator involving stolen or embezzled vehicles or fraud related to the towing business may be cause for termination of the tow service agreement. Alternatively, GPD may request that any employee or driver convicted of any such crime be removed from providing services to City, and Operator shall immediately comply with such request.

E. If Operator or any employee or driver is arrested or charged for a violation involving any of the crimes set forth in subsections (C) or (D), above, City may suspend this Agreement with Operator until the case is adjudicated. Alternatively, City may direct that the arrestee or person charged be removed from providing services to City until the case is adjudicated, and Operator shall immediately comply with such direction.

18. EQUIPMENT SPCIFICATIONS
Tow truck equipment specifications shall be those established by the California Highway Patrol, as amended, and are hereby incorporated by reference as if set forth herein.

Item #14. Page 33
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19. OTHER SERVICES
A. The Operator will provide additional services by way of supporting legitimate law enforcement purposes and events. Examples include, but are not limited to, driver license and sobriety checkpoints, crime scene support, and community events. The Operator will provide lighting, cones, and other traffic control devices during checkpoints as required by the City.

Item #14. Page 34
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. [When applicable] The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
II. [When applicable] Section 5.1(d) shall be amended to read as follows:
“Professional Liability and Garage Liability. Professional and garage liability insurance appropriate to the provision of services. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional and garage liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Operator shall annually and upon request of City submit written evidence of this continuous coverage.”
Item #14. Page 35
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B-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
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301444.10
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
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01006-0001/301444.1
32 CONTRACT SERVICES & FRANCHISE AGREEMENT
By and Between

CITY OF GLENDORA
and
Jan’s Towing, Incorporated
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CITY OF GLENDORA

FRANCHISE AGREEMENT FOR TOWING CONTRACT SERVICES
THIS FRANCHISE AGREEMENT FOR TOWING SERVICES (herein “Agreement”) is made and entered into this _____ day of _______________ by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and JAN’S TOWING, INCORPORATED, a California corporation (herein “Operator”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF OPERATOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement and in return for the monthly franchise fees noted hereinafter, the Operator shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Operator warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

2. FRANCHISE FEE

2.1 Franchise Fee. In return for the services authorized by this Agreement, Operator shall pay to City a monthly franchise fee of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) but not exceeding a maximum franchise fee of FORTY TWO THOUSAND DOLLARS ($42,000.00) during the term of this Agreement.

2.2 Invoices. Each month Operator 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, Operator is certifying compliance with all provisions of the Agreement. The invoice 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. Operator shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Operator 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 Operator which DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 81
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are disputed by City, City will use its best efforts to cause Operator to be paid within forty five (45) days of receipt of Operator’s correct and undisputed invoice; however, Operator acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Operator for correction and resubmission.

Review and payment by the City of any invoice provided by the Operator shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

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

In no event shall Operator be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Operator’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of services but not to exceed three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The Police Chief may, at his/her sole discretion, extend the Term for a maximum DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 82
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of two (2) additional one (1) year terms by giving written notice thereof not later than sixty (60) days prior to the end of the Term or any Extended Term(s).

4. COORDINATION OF WORK

4.1 Representative of Operator. Jan Qualkenbush, President, is hereby designated as being the representative of Operator authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Operator and any authorized agents shall be under the exclusive direction of the representative of Operator. Operator shall utilize only competent personnel to perform services pursuant to this Agreement. Operator shall make every reasonable effort to maintain the stability and continuity of Operator’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Project Manager. The Glendora Chief of Police, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Project Manager”).

5. INSURANCE AND INDEMNIFICATION

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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Operator’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Operator’s services or the termination of this Agreement.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Operator’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Project Manager. No work or services under this Agreement shall commence until the Operator has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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Operator shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Operator 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 Operator 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 Operator and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Operator shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager shall DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 85
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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.

Operator agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Operator.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Operator in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Operator shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

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 Orange, State of DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 86
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California. 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 Orange, State of California.

If Operator does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

Notwithstanding any contrary provision herein, Operator shall file a statutory claim pursuant to Government Code §§ 905 et seq. and 910 et seq., in order to pursue any legal action under this Agreement.

7.4 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 written notice to Operator. In addition, the Operator may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Operator shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Operator has initiated termination, the Operator 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 Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. In the event the Operator has initiated termination, the Operator shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

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8. MISCELLANEOUS

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.8 Interpretation.

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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.

8.9 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.

8.10 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. Operator 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. Operator 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. Operator 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.

Operator’s Authorized Initials __________
Jan Qualkenbush, President

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON THE FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

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 ENTI
CERTIFY AVAILABILITY OF FUNDS: CITY:

City of Glendora, a municipal corporation
Marie Ricci
Administrative Services Director
Karen Davis
Mayor
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP ATTEST:

William W. Wynder
City Attorney
Kathleen R. Sessman
City Clerk/Communications Director
OPERATOR:

Jan’s Towing Incorporated
Name: Jan Qualkenbush
Title: President
Address: 134 N Valencia St.

Glendora, CA 91741
DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Jan 5, 2023 | 11:42 AM PST
Item #14. Page 90
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301444.10 A-1
EXHIBIT “A”

SCOPE OF SERVICES AND TOW OPERATOR REQUIREMENTS
Operator will be responsible for all Glendora Police Department (GPD) calls for tow services.

5. TOW TRUCK CLASSIFICATIONS
A. Operator shall equip and maintain tow trucks covered under the agreement in accordance with the provisions set forth in the California Vehicle Code and consistent with industry standards and practices.

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B. Operator shall provide three (3) classes of tow trucks, or may substitute a tow truck in a larger weight category for the absence of a tow truck in a lower weight category:

Operator may have a carrier, but the carrier must be an additional unit.

6. TOW DRIVERS
A. Operator shall ensure that only qualified and competent tow drivers respond to calls for service initiated by the GPD. Tow truck drivers shall be at least 18 years old and possess DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 92
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the following minimum class driver’s license and qualifications:
• Class A Tow Truck – A valid class C license, or valid class A (1) license with a valid medical certificate.
• Class B Tow Truck - A valid class A (1) license with a valid medical certificate.
• Class C/D Tow Truck – CTTA (California Tow Truck Association) certified within last five years, and a valid class A (1) license with a valid medical certificate.

B. The Class (A) 1 license shall be endorsed to allow the operation of special vehicle configurations and/or special cargos.

C. Operator shall maintain a current list of drivers and provide GPD a list of drivers performing services for the City.

D. Operator shall enroll/participate in the Department of Motor Vehicle’s Pull Notice Program. Current and new employees shall submit their California driver’s license numbers to the Operator for input into Department of Motor Vehicle’s Pull Notice Program.

E. Operator is required to enroll in a Drug Testing program for all drivers working in the City and the results shall be forwarded to the Traffic Supervisor.

F. Operator is required to pay the DOJ Live Scan fees for all drivers towing in the City (Live Scan to be performed at GPD).

G. Operator shall procure and maintain in full force and effect a City Business License during the term or any extended term.

H. Criminal History checks (All Felony/Fraud and DUI Convictions) on drivers working within the City.

7. RATES
A. Operator shall not charge any fees in excess of the fees approved by the City Council.

C. Charges for service calls at the request of the GPD (out of gas, lockouts, etc.) shall be DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 93
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computed from the time of call to the end of service. Service calls are charged at the hourly rate within a minimum of 30 minutes per call. Charges in excess of 30 minutes shall be charged in increments of 15 minutes.

D. Fees for special operations:

For special operations involving Class B or C tow trucks, Operator shall only charge Cityapproved fees for “vehicle recovery operations” and “load salvage operations”. Charges in excess of 30 minutes shall be billed in 15-minute increments. Hourly rates for auxiliary equipment including: (1) Auxiliary equipment (airbags, dolly, additional trailer, etc.); (2) Contracted equipment (airbags, dolly, additional trailer, forklifts, scoop loaders, etc.); and (3) Contract labor will be as approved by the City Council.

Regardless of the class of tow truck, charges shall not be more than the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class of truck.

E. Storage Fees

1. Operator shall only charge the storage fees approved by the City.

F. Owners of vehicles stored 24 hours or less shall be charged no more than one day of storage. Each day thereafter shall be calculated by calendar days.

H. Operator shall submit a monthly report outlining the number of tows, the date and time of tow, the location of tow, and the release date and time of all towed vehicle.

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C. All questions and disputes regarding the validity of the towing service rendered generating from a GPD call for service shall be referred to the Traffic Supervisor or his/her designee during business hours, Monday through Thursday, excluding holidays.

Neither City nor GPD will be responsible or liable for any costs of towing services in the event that the vehicle owner refuses or is unable to pay for the services.

10. BUSINESS HOURS
Operator shall have normal business hours from 0800 to 1700 hrs, five days a week (Monday through Friday) and 0800 to 1200 hours on Saturday, excluding legal holidays.

Police availability: Operator shall make their services available on a 24-hour, 7 day a week basis, including holidays.

2. Required storage facilities must comply with the Municipal Codes for the city that the business is located, and/or meet approved county codes if applicable.

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5. An impounded or stored vehicle shall be released only upon prior written authorization from the GPD.

6. A vehicle that is not impounded shall be released upon request of the registered owner or person in control of the vehicle, pursuant to California Vehicle Code § 22850.3.

B. Lien sale records of vehicles towed or stored under the tow service agreement shall be available to GPD for review during business hours.

C. Records shall be maintained and available for inspection for a period of four years from the date of service provided.

16. COMPLIANCE WITH LAW
A. Operator shall at all times comply with Federal, State, and local laws and ordinances.

D. Any misdemeanor conviction of an owner or principal of Operator and/or any employee or driver of Operator involving stolen or embezzled vehicles or fraud related to the towing business may be cause for termination of the tow service agreement. Alternatively, GPD DocuSign Envelope ID: E60358ED-8225-4255-ABC9-B658E974F6C6 Item #14. Page 96
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may request that any employee or driver convicted of any such crime be removed from providing services to City, and Operator shall immediately comply with such request.

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. City waives the provisions of Sections 2.2 and 2.3 of the Agreement.

II. Section 5.1(d) of the Agreement shall be amended to read, in its entirety, as follows:
“Professional Liability and Garage Liability. Professional and garage liability insurance appropriate to the provision of services. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional and garage liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Operator shall annually and upon request of City submit written evidence of this continuous coverage.”
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B-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
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301444.10
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
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Contract for Extension for
Police Tow Services
Glendora Police Department
City Council Meeting
January 10, 2023
Julie Linger, Management Analyst
CityOfGlendora.org
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2 Scope of Services
• The City of Glendora Police Department requires a tow company that can provide “non-consensual” vehicle towing and storage operations. This can include illegally parked vehicles, inoperable vehicles, impoundment/storage of vehicles for investigations, evidence, and violations of law. • Towing services are required 24 hours a day, seven days a week, including holidays with a maximum response time between 20 minutes (daytime) and 25 minutes (nighttime).

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3 Requirements - Storage Facility
• Towed vehicles and their contents must be stored at a secure storage facility. The primary facility must be located within one mile of the City limits to provide timely access to police employees and community members.
• The storage facility needs additional locked, storage areas, that are protected from the elements to store “evidence” vehicles.

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4 Requirements – Equipment and Employees
• Tow trucks must have the capability to remove different types of vehicles from various situations.
• Tow trucks must be in good mechanical shape, legally registered and inspected annually.
• Drivers must be properly licensed, trained, qualified to perform towing services and capable of passing a background investigation.

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5 Requirements – Other
• The tow company must be properly licensed, insured, and comply with all laws in the area of operation. The rates charged shall be reasonable and comparable to other local towing companies.

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6 Prior Performance of Jan’s Towing
• Providing services to Glendora since initial contract in 1997 • Also provides services for Automobile of Southern California, United States Forestry, Los Angeles County Sheriff’s Department, California Highway Patrol, and other local police departments such as Azusa, Covina, and Irwindale. • City satisfied with current services provided and they meet all the requirements of the RFP.

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7 Fiscal Impact
• For the privilege of being the exclusive tow provider for the City of Glendora, Jan’s Towing will pay the minimum franchise fee of $3,500 per month.

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8 Recommendation
• The City Council approve the three-year contract with two optional oneyear extensions, with Jan’s Towing Inc. for police tow services in the City of Glendora.

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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 10, 2023
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: AWARD A CONTRACT TO INTER-CON SECURITY SYSTEMS, INC. FOR PARKING ENFORCEMENT SERVICES FOR A THREE-YEAR TERM IN THE AMOUNT OF $817,316.

RECOMMENDATION
That the City Council:

1. Award a contract for parking enforcement services to Inter-Con Security Systems, Inc. in the amount of up to $817,315.20 for three years with an option to renew for two (2) additional one (1) year terms; and

2. Authorize the City Manager or his designee to execute the Agreement and any subsequent renewals including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
On July 8, 2008, the City entered into a contract with Inter-Con Security Systems (Inter-Con) to provide parking enforcement services. The contract was extended several times and is currently expired. InterCon continues to provide parking enforcement services on a month-to-month basis.

The Finance Department advertised and released a Request for Proposals (RFP) for Parking Enforcement Services on October 25, 2022. They received numerous questions from three different vendors, and ultimately two qualified proposals were submitted.

The proposals were evaluated and Inter-Con is recommended based on the vendor’s experience with providing the requested services, experience and qualification of their staff, and the costs of the services being provided.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
City parking enforcement was traditionally conducted by police department personnel: patrol officers, police cadets, community services officers, and volunteer auxiliary officers. Parking enforcement was a collateral duty for the involved personnel. On July 8, 2008, the city entered a contract with Inter-Con to provide parking enforcement services, allowing police personnel to commit more time to higher priority tasks.

DISCUSSION
The City has an early morning parking ordinance which prohibits parking on city streets between the hours of 2:00 a.m. and 4:00 a.m., Monday through Friday. Vehicles with temporary or annual permits are exempt from the ordinance. The City has four preferential parking districts that restrict parking during various times. Residents in these districts are issued permits which they or their guests may use. Cityowned parking lots and certain streets have specific time restrictions on parking. Private parking lots have certain restrictions such as handicap parking and fire lanes.

Due to higher-priority tasks, sworn and non-sworn police personnel provide limited enforcement in these areas. Since 2008, the primary mechanism for enforcement of parking regulations has been the utilization Item #15. Page 1
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Staff Report Page 2 of 2
of parking enforcement officers supplied by Inter-Con. All Inter-Con parking enforcement officers are licensed security guards. When they are not conducting parking enforcement, Inter-Con employees help secure city parks and facilities at closing time by locking restrooms and securing gates. They also provide extra patrol of city facilities, parks, schools, City-owned parking lots, and retail areas. Inter-Con employees have located stolen vehicles, DUI drivers, and interrupted burglaries. Inter-Con currently provides 128 hours of service for weekly parking enforcement and the other duties as described. Two parking enforcement officers work at night and one during the day.

The Police Department is satisfied with the performance of Inter-Con. In addition to Glendora, they also provide parking enforcement services for numerous cities in the San Gabriel Valley, including Alhambra, Arcadia, Azusa, Covina, La Verne, Montebello, Pasadena, San Gabriel, and Sierra Madre.

Police staff determined that Inter-Con has met all the requirements of the RFP and is recommending Inter-Con Security Systems, Inc. (Inter-Con) as the chosen vendor.

FISCAL IMPACT
The first-year cost of the contract with Inter-Con is $258,240.32. Although this is higher than the last year of our previous contract, it is 5% lower than the estimated cost provided by the vendor in April for budgetary planning purposes. Additionally, it is an average of 28% lower over the three-year contract then the other qualified vendor who submitted a proposal.

Each year, the contract cost will have a cost-of-living adjustment of 6% and 4%, respectively. Revenue generated each year from parking citations, temporary permits, and annual permits offset the cost of the contract. In fiscal year 2021, the city received $487,764.07 in revenue from citations and permits.

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

Prepared By Linger, Julie, Management Analyst
Concurs With Not Applicable
Reviewed By Matt Egan, Chief of Police
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 Proposals
B. Proposal received from Inter-Con
C. Contract between the City of Glendora and Inter-Con
D. Power point presentation
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CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org

REQUEST FOR PROPOSAL (RFP)
QuestCDN # 8326882
Parking Enforcement Services
for the City of Glendora
RFP Release Date: Tuesday, October 25, 2022
Contact Name(s):

Address:

E-mail address:

Julie Linger, Public Safety Management Analyst
150 S. Glendora Ave
Glendora, CA 91741
[email protected]
Deadline for questions and objections: Tuesday, November 8, 2022 at 5:00 pm Proposal Due:

Location:

Tuesday, November 22, 2022 - 10:00 am Pacific Time
Electronic proposal submission
through QuestCDN is required
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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

INTRODUCTION
The City of Glendora invites proposals from qualified vendors to provide parking enforcement services as requested by the Glendora Police Department in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP).

TENTATIVE SCHEDULE
The following represents the schedule for this RFP.

RFP released by the City 10/25/22
Deadline for Final Questions 11/08/22
City Responses to Written Questions 11/15/22
Proposal Submission Deadline 11/22/22
Contract Approval by City Council 12/13/22
Commencement of Services 12/14/22

SCOPE OF SERVICES
The scope of services to be provided and the requirements for parking enforcement services are described in Exhibit “A” of this RFP.

AGREEMENT TERM
The initial contract will be from the date of the award for a term of three (3) calendar years. The City reserves the right, in its sole discretion, to renew the contract for up to, two one-year extended calendar year terms. The successful proposer who is awarded the contract shall not assign or otherwise transfer the same during the life of the initial and any extended term of the contract.

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

DOCUMENTS INCLUDED WITH THIS RFP
Name Description Where to find
Attachment A Proposal Certification In main RFP document Attachment B Technical Proposal In main RFP document
Attachment C Cost Proposal In main RFP document
Attachment D Previous customer
reference worksheet
In main RFP document
Attachment E Exemplar Operator
Services Agreement which
includes Insurance
Requirements.

Separate Attachment

HOW TO OBTAIN THIS RFP

1. Request for Proposal (RFP) information can be downloaded at www.questcdn.com using QuestCDN #8326882. 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 proposal) 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.

3. For questions regarding the RFP documents or for project information, please submit in the Q&A section of Quest.

4. Each Proposal must conform and be responsive to all requirements set forth in the RFP.

Vendor/Operator will need to register with the provider of this service, Quest Construction Data Network.

PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

1. All questions/inquiries must be made through the Q&A section of Quest. 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.

EXCEPTIONS

1. Any exceptions to the requirements of this RFP must be submitted in writing to Julie Linger as noted above. Any such exceptions must specify the RFP section number and title, as well as a description and rationale for the requested exception.

2. All exceptions, questions, or inquiries must be received by the deadline stated on the cover sheet.

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

PROPOSAL SUBMITTAL REQUIREMENTS

NO ORAL, FACSIMILE OR TELEPHONIC 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.

COVERLETTER
Provide a cover letter providing an overview of proposer’s general expertise, capacity, experience, and approach to performing the work described in this RFP.

TECHNICAL PROPOSAL
Provide a technical proposal as Attachment B, Technical Proposal and include the following:

Company Overview

1. Provide the names and background information on key staff members that will be assigned to this project.

2. Include a client list with contact information where your firm has performed similar services, and when theywere performed.

Project/Design Approach

1. Provide a brief description of the plan and approach you will take to accomplish to complete the Scope of Services.

2. Please present a high-level timeline for the services performed, form project kick-off to completion.

3. Include key assumptions that you are making regarding the commitment of City time and resources that are required for the completion of services.

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

COST PROPOSAL
Provide a not-to-exceed cost proposal using Attachment C, Cost Proposal.

Attachment E - Exemplar Operator Services Agreement which includes Insurance Requirements.

Selected proposer will be required to enter a final agreement with the City containing the terms and conditions and insurance provisions set forth in Attachment D.

SELECTION PROCESS AND EVALUATION CRITERIA

SELECTION PROCESS

1. Proposal Review Phase - Proposals will be evaluated per the criteria and weights listed in the table below

2. Vendor Interview Phase - At the City’s discretion, firms submitting the highest scoring proposals may be interviewed and scored per the criteria and weights in the table below.

4. The City reserves the right to rely on information from sources other than the information provided by the respondents.

5. Final award shall be contingent upon selected firm (Operator) accepting the Terms and Conditions of the attach contract for professional services (with any exceptions to the same approved by the City).

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

BEST AND FINAL OFFER (BAFO)

2. The City will request only one BAFO, unless the City’s Purchasing Officer determines that another BAFO is warranted.

3. Proposers are cautioned that the BAFO is optional and at the sole discretion of the City.

Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or price proposals after their original submission of technical and cost proposals.

Proposers may not request an opportunity to submit a BAFO.

GROUNDS FOR DISQUALIFICATION

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QuestCDN#8326882– Parking Enforcement Services for the City of Glendora

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 termsand 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.

Glendora City CouncilJanuary 10, 2023

Glendora City Council
January 10, 2023