Glendora City Council
January 24, 2023

12/8/2022
Work Order Signature Document
Item #11. Page 29
Meeting Date: 1/24/2023 / Packet Page #: 1692

3.00 Detailed Scope of Work
To: Matt McMillon From: Chisom Obegolu
MDJ Management
531 Main St #611
El Segundo, CA 90245
310-490-1521
City of Glendora
116 E. Foothill Blvd
Glendora, CA 91741
626-852-5222
Work Order Number:

Date Printed: December 08, 2022
111889.00
Work Order Title: Glendora Water Yard - Ext. Lighting Install Brief Scope:

Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

Glendora Water Yard- Exterior LED Lighting Project
Installation of 68 new LED exterior fixtures. Addition of 2 new pole lights with new LED flood lights throughout property to illuminate all areas used during night work.

Clarifications:
· Fixtures will be tilted to protect from neighborhood complaints. · All existing material will be recycled and removed from the site. · Entrance, Parking lots, driveways, and all back working areas will be 100% lit during the evenings. · Equipment details will be submitted for approval prior to ordering for installation. · Not included: Any controls for the fixtures.
· Not included: Any photocells or dimming controls.

Subject to the terms and conditions of JOC Contract CA-R8-GB13-123021-MDJ.

MDJ Management Date
City of Glendora Date

12/8/2022
Scope of Work
Item #11. Page 30
Meeting Date: 1/24/2023 / Packet Page #: 1693

4.00 Contractor's Price Proposal - Summary
Owner PO #:

Glendora Water Yard - Ext. Lighting Install
111889.00
IQC Master Contract #: CA-R8-GB13-123021-MDJ
Work Order #:

Title:

Re:

Date: December 08, 2022
Proposal Value:

Contractor: MDJ Management
$108,341.10
Section - 01 $688.02
Section - 02 $282.90
Section - 03 $2,737.44
Section - 26 $104,632.74
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$108,341.10
The Percentage of NPP on this Proposal: %

12/8/2022
Contractor's Price Proposal - Summary
Item #11. Page 31
Meeting Date: 1/24/2023 / Packet Page #: 1694

5.00 Contractor's Price Proposal - Detail
Glendora Water Yard - Ext. Lighting Install
111889.00
IQC Master Contract #: CA-R8-GB13-123021-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: December 08, 2022
Proposal Value:

Contractor: MDJ Management
$108,341.10
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 EA -$7,000.00
Installation x x = -7,000.00
Quantity Unit Price Factor Total
-7,000.00 1.00 1.0000
Discount offered by contractor
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
2 EA $2,332.00
Installation x x = 2,332.00
Quantity Unit Price Factor Total
2,120.00 1.00 1.1000
Bond fees= 2% * $106,009.00
3 01 22 23 00 0005 DAY 40' Engine Powered, Telescoping Boom Man Lift With Platform $4,234.38 Installation x x = 4,234.38
Quantity Unit Price Factor Total

10.00 413.11 1.0250
Lifts for project installations
01 71 13 00 0002 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc.
4 EA $1,121.64
Installation x x = 1,121.64
Quantity Unit Price Factor Total

4.00 273.57 1.0250
Mob/demob for equipment
Subtotal for Section - 01 $688.02
Section - 02
5 02 41 16 13 0023 CF Non Reinforced Concrete Foundation Demolition $282.90 Installation x x = 282.90
Quantity Unit Price Factor Total

20.00 13.80 1.0250
Concrete demo near 2 new light poles
Subtotal for Section - 02 $282.90
Section - 03

12/8/2022
Contractor's Price Proposal - Detail
Item #11. Page 32
Meeting Date: 1/24/2023 / Packet Page #: 1695
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 111889.00
Glendora Water Yard - Ext. Lighting Install
Section - 03
6 03 11 13 00 0080 LF 36" Diameter Round Fiber Tube Formwork $935.29 Installation x x = 935.29
Quantity Unit Price Factor Total

16.00 57.03 1.0250
Pole Base and anchor bolt footings
7 03 15 19 00 0022 EA 1" Diameter x 36" Length, Plain Steel, J-Type Cast In Place Anchor Bolt $347.02 Installation x x = 347.02
Quantity Unit Price Factor Total

8.00 42.32 1.0250
Used for Pole Bases
8 03 21 11 00 0005 LF #6, Grade 40, Beams And Girders, Steel Reinforcement Bar $132.51 Installation x x = 132.51
Quantity Unit Price Factor Total

64.00 2.02 1.0250
Used for Pole bases
9 03 31 13 00 0018 CY Direct Chute, Place 3,000 PSI Concrete Continuous Footings $1,322.62 Installation x x = 1,322.62
Quantity Unit Price Factor Total

6.00 215.06 1.0250
Concrete for pole bases
Subtotal for Section - 03 $2,737.44
Section - 26
26 05 19 16 0127 #8 AWG, Type THHN-THWN, 600 Volt, Underground Feeder And Branch Circuits, Single Stranded Copper Cable
10 MLF $1,873.50
Installation x x = 1,873.50
Quantity Unit Price Factor Total

1.20 1,523.17 1.0250
New wiring for poles
26 05 33 13 0017 3/4" Electrical Metallic Tubing (EMT) Conduit Assembly With 3 #8 Copper THHN And 1 #10 Copper Insulated Grounding ConductorIncludes conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available.
11 CLF $16,821.35
Installation x x = 16,821.35
Quantity Unit Price Factor Total

13.00 1,262.39 1.0250
New wiring runs for new locations of lighting
26 05 33 13 1799 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
12 LF $199.26
Installation x x = 199.26
Quantity Unit Price Factor Total

40.00 4.86 1.0250
Conduit Repairs at pole bases
26 05 33 13 1812 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct Burial
13 EA $140.84
Installation x x = 140.84
Quantity Unit Price Factor Total

4.00 34.35 1.0250
Conduit Repairs at pole bases
26 51 19 00 0584 19" Diameter, 4,400 Lumens, 32 Watt, 4000K CCT, LED Drum Fixture (Enertron 10LED4X12S19-40)
14 EA $808.42
Installation x x = 667.86
Quantity Unit Price Factor Total

3.00 217.19 1.0250
Demolition 3.00 x 45.71 x 1.0250 = 140.56
Shop Restrooms (Naturaled LED16FMM-190L9CCT5-NI)
15 26 51 19 00 0611 EA 4,000 Lumens, 4' Length, LED Linear Low Bay Fixture (Lithonia MSL) $24,318.08 Installation x x = 22,660.66
Quantity Unit Price Factor Total

28.00 789.57 1.0250
Demolition 28.00 x 57.75 x 1.0250 = 1,657.43
Center Electrical Room, Small building in back of lot, Mobile Generator Room, and Back cage area (Aleo LVX-4-UXH-45/8CT XE G4)

12/8/2022
Contractor's Price Proposal - Detail
Item #11. Page 33
Meeting Date: 1/24/2023 / Packet Page #: 1696
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 111889.00
Glendora Water Yard - Ext. Lighting Install
Section - 26
26 56 13 00 0193 25' High, 4" OD, 11 Gauge, Round Straight, Steel Area Light Pole, Anchor Base
16 EA $5,115.02
Installation x x = 4,130.91
Quantity Unit Price Factor Total

2.00 2,015.08 1.0250
Demolition 2.00 x 480.05 x 1.0250 = 984.10
Installation 2 new poles
26 56 19 00 0021 82 Watt, Wall Mount, Full Cutoff, LED Wall Pack (Leotek® Eseta™ ES1-48H-MV-NW-X-GY-XXX)
17 EA $7,020.52
Installation x x = 6,162.54
Quantity Unit Price Factor Total

7.00 858.89 1.0250
Demolition 7.00 x 119.58 x 1.0250 = 857.99
Slim Wallpacks surrounding Main building (RAB BRISK-M48L) 26 56 19 00 0203 7,180 Lumens, 85 Watt, Arm Mount, Rectangular, LED Area Fixture (General Electric EANA 0 C4 5 40 A A DKBZ)
18 EA $6,423.98
Installation x x = 6,423.98
Quantity Unit Price Factor Total

5.00 1,253.46 1.0250
Adding Floods with new conduit runs for the Front Parking Lot and side and back of building (Aleo ALS-150/50K-D XE G3-AUB)
26 56 19 00 0205 15,400 Lumens, 144 Watt, Arm Mount, Rectangular, LED Area Fixture (General Electric EASC 0 F4 F 5 40 A A DKBZ)
19 EA $33,210.83
Installation x x = 30,918.92
Quantity Unit Price Factor Total

17.00 1,774.40 1.0250
Demolition 17.00 x 131.53 x 1.0250 = 2,291.91
Flood lights throughout property mounted on bullhorns with tilts for full lot illumination (Aleo ALS-150/50K-D XE G3-ASF)
26 56 19 00 0216 9,500 Lumens, 100 Watt, Arm Mount, Round, LED Area Fixture (Everlast

EL-LED-MS)
20 EA $5,375.46
Installation x x = 4,762.61
Quantity Unit Price Factor Total

5.00 929.29 1.0250
Demolition 5.00 x 119.58 x 1.0250 = 612.85
Shop Flood lighting for driveway and roll up doors (Aleo ALS-150/50K-D XE G3-AUB) 26 56 19 00 0220 21,000 Lumens, 210 Watt, Arm Mount, Rectangular, LED Area Fixture (Everlast EL-LED-VS)
21 EA $1,040.16
Installation x x = 917.59
Quantity Unit Price Factor Total

1.00 895.21 1.0250
Demolition 1.00 x 119.58 x 1.0250 = 122.57
21,000 Lumens, 210 System Watts,Arm Mount, Rectangular, LED Area Fixture (Everlast EL-LED-VS)
26 56 21 00 0135 80 Watt, Wall Mount, Semi Cutoff, Bi-Level Induction Wall Pack (Everlast® EOF-ED-80)
22 EA $2,285.32
Installation x x = 2,064.70
Quantity Unit Price Factor Total

2.00 1,007.17 1.0250
Demolition 2.00 x 107.62 x 1.0250 = 220.62
Large Wallpacks on Small Building in back of property (Aleo WPE-90/50K XE G4) Subtotal for Section - 26 $104,632.74
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$108,341.10
The Percentage of NPP on this Proposal: %

12/8/2022
Contractor's Price Proposal - Detail
Item #11. Page 34
Meeting Date: 1/24/2023 / Packet Page #: 1697
Subcontractor Listing
111889.00
Glendora Water Yard - Ext. Lighting Install
IQC Master Contract #: CA-R8-GB13-123021-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: December 08, 2022
Proposal Value:

Contractor: MDJ Management
$108,341.10
Name of Contractor Duties Amount %
Express Energy Services, Inc. Exterior lighting installations $95,000.00 87.69

6.00

12/8/2022
Subcontractor Listing
Item #11. Page 35
Meeting Date: 1/24/2023 / Packet Page #: 1698
Project Location Map
Item #11. Page 36
Meeting Date: 1/24/2023 / Packet Page #: 1699

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD AN AGREEMENT TO AIR-EX AIR CONDITIONING, INC. FOR LIBRARY BOILER REPLACEMENT IN THE AMOUNT OF $94,822 (STRATEGIC PLAN ITEM 49-IMCIF)

RECOMMENDATION
That the City Council:

1. Adopt a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) of the California Code of Regulations;

2. Award an agreement to Air-Ex Air Conditioning, Inc. for Library Boiler Replacement project in the amount of $94,822.00;

3. Authorize the City Manager or his designee to execute the agreement with Air-Ex Air Conditioning, Inc., 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
The Fiscal Year (FY) 2021/23 Adopted Two-Year Budget Capital Improvement Program (CIP) included $715,000 of total funding to renovate essentially all components of the Library’s heating, ventilation and air conditioning (HVAC) system, other than the existing chiller due to its relative recent installation. Based on unresolved questions regarding the long-term future of the current Library building and what its interior layout will be even if only renovated, it would not be prudent to overhaul the entire system at this time. The Library boiler however is original to the building, and has deteriorated to where it must be replaced as soon as possible in order to continue heating the building until a decision has been reached about the building’s longer term future.

A request for proposals (RFP) was issued via QuestCDN, nine (9) plan holders purchased the RFP package, and two (2) submitted proposals. Staff recommends Air-Ex Air Conditioning, Inc.’s (Air-Ex) $94,822 bid as best meeting the Library’s heating needs at the lowest cost. Staff recommends the City Council award a contract agreement to Air-Ex in this amount, authorize identified staff to execute the agreement, and any change orders in an amount not to exceed 10% of the original contract sum. The other bid was from Acco Engineered Systems, Inc. for $101,492.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Library’s boiler was installed when the Library was first built in 1972, and has far exceeded the typical lifespan of this type of equipment. Various mechanical repairs and parts replacements have been made to keep the boiler operating, but at this point it is barely functional, and non-repairable due to the level of deterioration present. It heats the building neither efficiently nor effectively, and often operates at 100% of its capacity throughout the day to meet minimal heating needs.

When first budgeted, the Library HVAC project was intended to renovate the entire Library HVAC system other than the chiller and related components that had been installed relatively recently. Based on unresolved questions regarding the long-term future of the current Library building, it has been determined Item #12. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1700
Staff Report Page 2 of 2
that the entire system needs an overhaul as soon as possible to provide a safe and comfortable environment for employees and the public. Even if the core structure of the building is ultimately retained and simply renovated, it is still unlikely that any ventilation system designed around the current interior layout will be an optimal solution for the future layout regarding zones, vents, ducting, controls, etc.

DISCUSSION
Installation of a new boiler is recommended as the most practical cost-effective solution to continue heating the Library to ensure a safe and comfortable environment for employees and public patrons.

Staff released an RFP via QuestCDN on September 29, 2023. Nine (9) plan holders purchased the RFP package, and staff conducted a pre-bid job-walk on October 6, 2023. Bids were due on October 20, 2023, and two (2) proposals were received. The proposals were evaluated based on experience, project understanding, cost, and project deliverability. There was also some delay in evaluation while staff attempted determine if it would potentially be less expensive and more timely to purchase a boiler direct from a manufacturer or even a refurbished boiler, and only pay a vendor for installation and any necessary accessory equipment. Ultimately it was decided that this wouldn’t be practical relative to the costs involved.

Therefore, based on the evaluation, staff recommends Air-Ex Air Conditioning, Inc.’s (Air-Ex) $94,822 bid as best meeting the Library’s heating needs at the lowest cost. The other bid was from Acco Engineered Systems, Inc. for $101,492.

Work performed will include disconnecting and disposing of the existing boiler and abating any potential asbestos in the piping as needed, installing and anchoring a new Raypak XVers H-856L boiler, replacing and/or installing all necessary accessories for it to function, making all necessary connections, conduct start-up and operations checks, train City personnel at that time, and. Training will also be provided to staff on how to operate and maintain the boiler. The new set of Raypak boiler will provide a reliable heating system with an ease of maintenance to the library.

FISCAL IMPACT
The FY 2021/23 Adopted Two-Year Budget CIP included $715,000 of total funding through FY2022/23 for the Library HVAC project, with $209,000 budgeted in FY2021/22, and $506,000 budgeted in FY2022/23.

Due to the nature of this project, the staff is respectfully requesting that a 10% ($9,482.20) contingency be added to the contract in the event that unforeseen conditions arise during construction, for a potential total project cost of $104,304.20.

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15302(c). The Notice of Categorical Exemption is attached for City Council as Attachment A.

Prepared By Dinh Anh Mai, Associate Civil Engineer
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Exemption
B. Air-Ex Proposal
C. Glendora & Air-Ex Agreement
Item #12. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1701
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: Library Boiler Replacement, Plan 1370
Project Location: City of Glendora Library
Project Sponsor: City of Glendora Public Works Department Mailing Address: 140 Glendora Ave, Glendora, CA 91741
General Plan Land Use Designation: Low Medium Density Residential, Open Space.

Zoning Designation: CCAP T-5 Village CoreR1 and E-7
Project Description: This project is to remove the existing boiler and replace it with the new one at the same location.

Surrounding Land Uses and Setting: Surrounding land uses include various residential 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 2- Replacement or Reconstruction
Section: 15302(c)
Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves replacement of the existing boiler.

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 24, 2023
Date:

Michael Mai, Associate Civil Engineer (626) 914-8257
Item #12. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1702
October 20, 2022
City of Glendora,
Air-Ex Air Conditioning, Inc. is locally based in Pomona, California. Our company has been providing HVAC support and service to the Southern California area and building trades since 1982. Our capabilities include building retrofit of HVAC Systems and new building HVAC construction projects. AirEx Air Conditioning Inc. has the expertise to provide all scopes of work including repair and replacement of large built-up systems, DDC control systems, hydronic heating and cooling systems, packaged units, computer room units, as well as chiller service, maintenance and repairs to all major manufacturers HVAC systems.

Our Service Department takes pride as a MSCA Star Certified Contractor along with our MSCA Star Technicians; we provide the expertise you can expect to do the job correctly the first time. We currently hold a C20, C4 and B California State Contractors License along with the required insurance and bonding required for all our projects. I would like to invite you to visit our website at www.air-ex.com to become more familiar with our company.

Customer service is our number one priority, so we ensure we have the staff available to immediately help our customers when they need it. Because of that, we are ready to begin this, and any, project immediately, if the equipment is available.

For this project, we will be utilizing a couple of subcontractors to help us complete the scope of work. - Insulator – Insulate the piping that is being replaced. - Abatement – Abate any asbestos on piping that will be replaced.

We fully understand, and are comfortable with, the scope of work in the RFP. Air-Ex has completed many boiler replacements throughout the years. We plan to approach this job in the same manner as those prior. Organizing all parts and equipment ahead of time will be crucial to the overall success.

From start to finish, we anticipate this project taking no more than 30 days to complete.

Please contact me at anytime to discuss how Air-Ex Air Conditioning, Inc. can provide support for you and your facility.

Respectfully,
Michael Lynaugh
President
Phone: (909) 596-6856
Fax: (909) 596-3255
E mail: [email protected]
Item #12. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1703
October 20, 2022
Re: Work Experience
City of Glendora,
Air-Ex Air Conditioning, Inc. has been performing similar work for the past 39 years. We work closely with various cities and school districts to ensure their equipment will work for years to come.

Some previous contracts where we have performed similar work are:
- Tustin Unified School District – Foothill High School ~ $67,000 in 2015 o Removed and replaced heating hot water boiler and isolation valves. - Tustin Unified School District – Foothill High School ~ $61,000 in 2012 o Removed and replaced heating hot water boiler and isolation valves. - Tustin Unified School District – Foothill High School ~ $27,000 in 2018 o Removed and replaced heating hot water.
- City of Glendora – Police Department ~ $30,000 in 2014 o Removed and replaced heating hot water boiler and circulating pump. - City of Tustin – Police Department and City Hall ~ $43,000 in 2019 o Removed and replaced boiler.

Respectfully,
Mike Lynaugh
President
Phone:(909) 596-6856
Fax: (909) 596-3255
E mail: [email protected]
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PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
AIR-EX AIR CONDITIONING, INC.

DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 15
Meeting Date: 1/24/2023 / Packet Page #: 1714
Library Boiler Replacement, Plan No. 1370

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
AIR-EX AIR CONDITIONING, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________ by and between the CITY OF GLENDORA, a California municipal corporation (“City”), and AIR-EX AIR CONDITIONING, INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 16
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Library Boiler Replacement, Plan No. 1370

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Library Boiler Replacement, Plan No. 1370, 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. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

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

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1.5 Licenses, Permits, Fees and Assessments.

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

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

1.7 Protection and Care of Work and Materials.

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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 and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

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

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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 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.

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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 $94,822.00 (Ninety-Four Thousand Eight Hundred Twenty-Two 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 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.

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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.

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.

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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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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:

Michael Lynaugh, President
Kenneth Flores, Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

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

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

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 24
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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 Associate Civil Engineer, 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.

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.

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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”.

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.

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(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.
(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 DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 27
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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.

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, DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 28
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penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

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

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.

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5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

5.7 Substitution of Securities.

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

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
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(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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

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 DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 31
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such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a 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.

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7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

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

7.8 Termination Prior to Expiration of Term.

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

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7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

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9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Contractor’s Authorized Initials ___________________
Michael Lynaugh
President
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9.7 Corporate Authority.

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

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

AIR-EX AIR CONDITIONING, INC.

Name: Michael Lynaugh
Title: President
Email Address: [email protected]
Name: Kenneth Flores
Title: Secretary
Email Address: [email protected]
Address: 157 Gentry Street
Pomona, CA 91767
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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Jan 17, 2023 | 10:02 AM PST
Item #12. Page 39
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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 Library Boiler Replacement, Plan No. 1370, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

Remove the existing boiler and install new boiler (Raypak Xvers H7-856L). Make all necessary gas, water and electrical connections to the new boiler following manufacturer’s installation instruction to make sure it function properly. Install 6” Centrothem polypropylene flue pipe out the exterior wall of the mechanical room. Provide training to City personnel at the time of boiler start up. Provide mechanical as-built sketch of the new boiler installation.

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.

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EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Replace the paragraph in Section 2.2- Method of Compensation with the following:
“The method of compensation includes payment in accordance with specified tasks or the percentage of completion of the services less the contract retention.” Add the following sentence to Section 2.4 - Invoices:
“In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.” II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following sentence to Section 3.1 – Time of Essence:
“Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.”
III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
City hereby waives the requirements of Section 5.1(c) - Professional liability (errors & omissions) insurance.

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EXHIBIT “C”

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

1. Disconnect the existing boiler from electrical service, piping, and controls.
$1,896.00

2. Remove and dispose of the existing boiler through the existi ng outside air intake louver.
$2,845.00

3. Provide and install the new boiler (Raypak XVers H7-856L) and anchor it to the ground. Provide all structural attachment and anchorage details. Provide authorized Raypak start up and check operations.
$73,487.00

4. Remove and replace the primary hot water circulation pump. $6,638.00

5. Make all necessary gas, water, and electrical connections to the new boiler following the manufacturer’s installation instructions to make sure it functions.
$948.00

6. Install 6” Centrotherm Polypropylene flue pipe out the exterior wall of the mechanical room.
$2,845.00

7. Provide training to City personnel at the time of start up. $237.00

8. Remove debris from the above scope of work. $474.00

9. Schedule return visit one week after start up to check and clean strainers and check boiler operation.
$474.00

10. Provide 1 year labor and 1 year parts warranty for the parts and equipment installed by Air-Ex Air Conditioning, Inc.
$4,741.00

11. Provide a mechanical as-built sketch of the new boiler installation.
$237.00
Total $94,822.00
 Any changes shall be per section 1-10.

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.

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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 line items for all specified tasks with the percentage of completion for each item.

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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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 30 Working
Days
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.

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PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to AIR-EX AIR CONDITIONING, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Library Boiler Replacement, Plan No. 1370; 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 $94,822.00 (Ninety-Four Thousand Eight Hundred Twenty-Two Dollars), 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) DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 45
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Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to AIR-EX AIR CONDITIONING, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Library Boiler Replacement, Plan No. 1370; 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 $94,822.00 (Ninety-Four Thousand Eight Hundred Twenty-Two Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

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Executed on , 20____.

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

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

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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Library Boiler Replacement, Plan No. 1370;
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

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

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

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

NOTICE:

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

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ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 51
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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)
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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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: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 54
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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:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

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

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

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

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

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

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ 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: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 58
Meeting Date: 1/24/2023 / Packet Page #: 1757
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)
DocuSign Envelope ID: C35C7F2A-3A04-4A69-ADC2-41EC9794EB7C Item #12. Page 59
Meeting Date: 1/24/2023 / Packet Page #: 1758

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2075 AMENDING SECTION

21.06.070 OF THE GLENDORA MUNICIPAL CODE TITLE 21 (ZONING) REGARDING OUTDOOR DINING STANDARDS IN THE GLENDORA VILLAGE (PLN22-0041).

RECOMMENDATION
That the City Council:

1. Waive full reading, read by title only, and adopt on second reading Ordinance No. 2075 entitled, “AN ORDINANCE OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING TITLE 21 (ZONING), Section 21.06.070 (CCAP Zoning Development Standards) OF THE GLENDORA MUNICIPAL CODE RELATING TO OUTDOOR DINING (PLN22-0041).”

EXECUTIVE SUMMARY
Outdoor dining is permissible in the Village under Glendora Municipal Code (GMC) §21.06.070(O), CCAP Zoning Development Standards, Sidewalk Dining. While the GMC references sidewalk dining, it does not include outdoor dining parklets. Staff coordinated with two Board members from the Business Improvement District (BID) to obtain their input on the proposed ordinance amending GMC §21.06.070.

The proposed ordinance makes modifications to the current GMC and adds parklet dining. In addition, the proposed ordinance updates standards, application requirements and the approval process referenced in Section 21.06.070(P) of the GMC.

The attached Ordinance 2075 was introduced to the City Council at the January 10, 2023 City Council meeting, passing with a 3-2 vote. YES: Davis, Thompson and Boyer; NOES: Allawos and Fredendall. This is the second reading of the proposed amendments to the Glendora Municipal Code regarding Outdoor Dining.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Sidewalk dining is permitted in the Village pursuant to GMC §21.06.070.O. In spring 2020, the City Council adopted the Glendora Village Parklet Manual and approved the purchase and installation of seven permanent parklets in the Glendora Village. On August 4, 2022, the BID Advisory Board reviewed and recommended code revisions to the Planning Commission.

On October 4, 2022, the Planning Commission held a public hearing on the proposed outdoor dining ordinance and recommended adoption to the City Council.

On January 10, 2023, the City Council approved the first reading to amend Section 21.06.070 of the Glendora Municipal Code.

DISCUSSION
It is recommended that the City Council waive full reading, read by title only and adopt on second reading Ordinance No. 2075 entitled, "AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21 (ZONING), SECTION 21.06.070 (CCAP ZONING DEVELOPMENT STANDARDS) OF THE GLENDORA Item #13. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1759
Staff Report Page 2 of 2
MUNICIPAL CODE RELATING TO OUTDOOR DINING,” OF TITLE 5 "BUSINESS LICENSES AND REGULATIONS,” of the Glendora Municipal Code.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of the ordinance. Implementation of the Outdoor Dining application and permitting processes will include a fee to cover costs for processing, annual renewal, and regular inspections. New fees will require an update to the Master Fee Schedule.

ENVIRONMENTAL DETERMINATION
A Categorical Exemption has been prepared (Attachment B) for this project pursuant to §15305 and §15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

Prepared By Alycia Suniga, Management Analyst
Concurs With Paulette Koss, Planning Commission
Reviewed By Valerie Velasquez, Economic Development and Housing Manager 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. Ordinance
B. CEQA Notice of Exemption
C. Summary of Proposed Ordinance 2075 – Published January 19, 2023 Item #13. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1760
ORDINANCE 2075
AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21
(ZONING), SECTION 21.06.070 (CCAP ZONING DEVELOPMENT

STANDARDS) OF THE GLENDORA MUNICIPAL CODE RELATING TO
OUTDOOR DINING (PLN22-0041)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, in 2020 the City installed temporary parklets in the Glendora Village to assist restaurants affected by COVID-19 health order restrictions; and WHEREAS, the success of the expanded outdoor dining area provided by the temporary parklet program led to installation of seven (7) permanent parklets in the Glendora Village; and WHEREAS, sidewalk dining is permissible under Glendora Municipal Code (“GMC”) §

21.06.070(O), CCAP Zoning Development Standards but parklet dining is not included in the GMC; and
WHEREAS, the City finds and determines that outdoor dining standards shall be established in the GMC to ensure the aesthetic integrity of the Glendora Village and the safety of residents and visitors; and
WHEREAS, City staff developed the amendments to Title 21, Section 21.06.070 with input from the Business Improvement District (“BID”) Advisory Board; and WHEREAS, at their regularly scheduled meeting on August 4, 2022, the BID Advisory Board recommended approval of the amendments with modifications to allow for tabletops against buildings that face Glendora Avenue, a modification which has been incorporated into the proposed amendment presented; and
WHEREAS, a public hearing was held by the Planning Commission of the City of Glendora on October 4, 2022, after due notice was given as required by law, and the Planning Commission recommended approval of amending Title 21, Section 21.06.070 to the City Council; and
WHEREAS, the City Council held a public hearing on January 10, 2022, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission of the City of Glendora.

WHEREAS, this action constitutes a wholly regulatory action, and not a project, such that the activity in question does not have a direct, or significant, effect on the environment.

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated by reference.

Item #13. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1761
Ordinance _____ Page 2 of 8
SECTION 2. Section 21.06.070 (O) of Title 21 of the Glendora Municipal Code is hereby amended, to read in its entirety, as follows (added text in bold and deleted text in strikethrough):
“Section 21.06.070(O) Sidewalk Outdoor Dining.
(.010) Purpose. The purpose and intent of this section is to provide regulations for sidewalk outdoor dining operated in conjunction with a “dining” or “fast food restaurant,” or “wine/beer tasting room” as defined in Section 21.01.020 of this title the Glendora Municipal Code.
(.020) The provisions of this section are applicable to sidewalk and parklet dining located on public sidewalks in the public right-of-way in the CCAP T-5 and T5A zone zones.
(.030) Site Plan Review and Encroachment Permit Required Outdoor Dining Use Agreement. Any dining or fast-food restaurant, or wine/beer tasting room desiring to utilize the adjacent public sidewalks for right-of-way for outdoor dining shall submit an application for sidewalk dining site plan review and encroachment permits. an Outdoor Dining Use Agreement (“Agreement”). (a). The Planning Community Development Director and Public Works Director shall review, approve with conditions, or deny all applications for sidewalk dining site plan reviews and encroachment an Outdoor Dining Use Agreement.
(b). The Planning Commission shall review, approve with conditions, or deny all applications for serving alcoholic beverages or including entertainment in conjunction with sidewalk outdoor dining. (c). Sidewalk dining encroachment Outdoor Dining Use Agreements shall be valid until and unless revoked as provided in this chapter.

Businesses with approved sidewalk dining encroachment permits shall provide annual general liability renewal certificates to the city as provided in this section. for one year and may be renewed annually. (.040). Sidewalk Dining Requirements. Outdoor Dining Standards. (a). Sidewalk Outdoor Dining – No Alcoholic Beverages Permitted.

Sidewalk Outdoor dining without the sale or service of alcoholic beverages is permitted by this section and shall be subject to the following standards:
i. Only dining or fast-food restaurants, or beer/wine tasting rooms as defined in Section 21.01.020 of the Glendora Municipal Code, may be issued a permit an Outdoor Dining Use Agreement. ii. The restaurant business shall provide clean, attractive, serviceable, and sturdy furniture.
iii. Decorative umbrellas and tablecloths are encouraged.

Tables, chairs, umbrellas, potted plants, exterior lighting, and Item #13. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1762
Ordinance _____ Page 3 of 8
delineation devices may be permitted as part of an Outdoor Dining Use Agreement. No item, however, shall be placed within the primary pedestrian path. The primary pedestrian path on Glendora Avenue is a minimum six (6) foot unobstructed
clearance along the public sidewalk extending from the red brick border adjacent to the tree wells towards the private property line; the primary pedestrian path on CCAP streets other than Glendora Avenue is a minimum five (5) foot
unobstructed clearance along the public sidewalk.
iv. Outdoor dining on the sidewalk shall comply with the Americans with Disabilities Act (ADA). A minimum,
unobstructed pedestrian path of at least forty-eight sixty inches in width shall be maintained along the entire length of the sidewalk.

The City may require more clearance area based on the location of sidewalk obstructions, pedestrian traffic, and other circumstances.

Outdoor Dining Standards.
v. The restaurant owner shall keep the outdoor dining area clean and clear of trash or other debris. Power washing shall be required a minimum of one time per month. Per the current Municipal NPDES Permit Section ©(2)(a)(1) Restaurants, water used in the power washing process shall be collected and disposed as required by the City. No runoff from the sidewalk washing or other restaurant activity shall be allowed to run into the City gutter/storm drainage system. Any modification to this standard shall be reviewed and approved by the Director of Public Works. vi. The business owner shall maintain insurance policies and requirements, including general liability insurance, as required by the City. Current certificates of required insurance shall be submitted to the City annually for the duration of the sidewalk outdoor dining use.
vii. All sidewalk dining furniture, delineation services, potted plants, etc. shall be placed to maintain a minimum clearance of 12 inches from the edge of street curb for streets with diagonal parking. viii.vii. Chairs and tables shall be arranged parallel to on the sidewalk or parklet, in order to prevent chairs from encroaching into the required pedestrian path. Chairs and tables shall not be placed within twelve inches of the edge of a curb. Additional distance may be required as determined by the City.
ix.viii. Sidewalk dining Outdoor dining on the sidewalk shall not be allowed closer than 3 feet to a street curb where parallel parking of vehicles is permitted. This 3-foot distance shall be delineated with a barrier to ensure the maintenance of the safe distance from vehicle doors. Where street parking is angled, sufficient access from the Item #13. Page 5
Meeting Date: 1/24/2023 / Packet Page #: 1763
Ordinance _____ Page 4 of 8
parking to the sidewalk shall be provided, as determined by the City.

Planning Director and Public Works Director.
ix. The use of bolts, drilling, adhesives, or other manner of affixing any item to the sidewalk, parklet, or public right-of-way is prohibited, unless an exception is approved by the City. x. Umbrellas shall be no more than 10 feet in height and shall be a primary, solid color. Logos, letters, stripes, and/or other designs are prohibited.
xi. Lighting shall not face the street, be pointed downward, and shielded to prevent light glare.
xii. Overhead hanging electrical cords are prohibited.
xiii. Violations of the Agreement may result in penalties including fines and revocation of an Agreement to use the public right-of-way.
xiv. The City may, at their sole discretion, place additional conditions upon the issuance of the Outdoor Dining Use
Agreement in order to insure the protection of the public rightsof-way and the rights of all adjoining property owners and the health, safety, and welfare of the public.
xv. Outdoor Dining Use Agreements may be terminated by
the City, with or without cause, regardless of the nature and scope of financial or other interest in, or on account of the agreement or the permitted use.
(b). Sidewalk Outdoor Dining – Alcoholic Beverages Permitted. In addition to the requirements contained in this section, dining and fast-food restaurants, and wine/beer tasting rooms may apply for the service and consumption of alcoholic beverages in conjunction with a sidewalk dining permit an Outdoor Dining Use Agreement, and shall comply with the following:
i. Only dining restaurants, fast-food restaurants, or wine/beer tasting rooms as defined in Section 21.01.020 Definitions of the Glendora Municipal Code. (Restaurant, Dining and Restaurant, Fast Food), may be issued a permit an Outdoor Dining Use Agreement. ii. A conditional use permit has been approved for alcoholic beverage service in conjunction with operation of a restaurant, including the provision for sidewalk outdoor dining.
iii. The California Department of Alcoholic Beverage
Control has issued a license for the sale and service of alcoholic beverages.

Item #13. Page 6
Meeting Date: 1/24/2023 / Packet Page #: 1764
Ordinance _____ Page 5 of 8
iv. Attractive portable barrier delineation of sidewalk dining areas serving alcoholic beverages, such as theater-style posts and swag roping, decorative fencing, potted plants, and similar devices shall be required.
v. Alcohol shall not be served later than 11:00 p.m. or as established by the conditional use permit for alcoholic beverage service in conjunction with a restaurant, or wine/beer tasting room. vi. Alcoholic beverages shall not be sold or served to anyone not seated, nor during any time when the restaurant kitchen is closed. (.050). Fees Required. Sidewalk dining permit fees as established by the city council shall be paid prior to the issuance of any permit. Outdoor Dining Use Agreement application, initial term and renewal fees are established by the City Council. Outdoor Dining Use Agreements are only valid for one year and renewal fees shall be paid annually and prior to the execution of any Agreement.
(.060). Calls for Review. The City Manager, Planning Director, Public Works Director, or Police Chief may initiate a review of the sidewalk dining permit Outdoor Dining Use Agreement of any business due to noncompliance with any of the conditions of approval at any time.
(.070). Revocation or Modifications of a sidewalk dining permit an Outdoor Dining Use Agreement. The Planning Director and Public Works Director Community Development Director and Public Works Director may revoke or modify any sidewalk dining permit Outdoor Dining Use Agreement. The Planning Commission may revoke or modify any conditional use permits that allow service of alcoholic beverages or entertainment. Violation of any of the following constitute grounds for revocation or modification:
(a). When continuation of the Agreement and/or permit would be contrary to the public’s health, safety, or welfare.
(b). The misrepresentation of a material fact by an applicant in their application.
(c). A public nuisance including but not limited to loitering, littering, poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions, traffic circulation and parking conflicts, or noise disturbances.
(d). Violation of any condition of the outdoor dining permit use Agreement.
€. Violation of any municipal, state, or federal laws.” Item #13. Page 7
Meeting Date: 1/24/2023 / Packet Page #: 1765
Ordinance _____ Page 6 of 8
SECTION 3. Section 21.06.070 (P) of Title 21 of the Glendora Municipal Code is hereby amended, to read in its entirety, as follows (added text in bold and deleted text in strikethrough):
“Section 21.06.070(P) CCAP Application-Permit Review Process (.030). Sidewalk Dining Permit Outdoor Dining Use Agreement. Sidewalk dining requires An Outdoor Dining Use Agreement will be entered into upon approval of a completed outdoor dining application from the Community Development and Public Works Directors a site plan review by the planning and redevelopment director and encroachment permit by the public works director. (a). Submittal Requirements. A complete sidewalk outdoor dining site plan review application and encroachment permit application in addition to the following submittal attachments:
i. A dimensioned site plan indicating the location and setbacks to buildings, curbs, etc., of tables and chairs, and of the required pedestrian path of travel in relation to the sidewalk width, building access and location of seating areas, and any other items associated with the application.
ii. Information must be provided regarding the proposed sidewalk outdoor dining furniture, including visual representations and dimensions of sidewalk outdoor dining furniture. Sidewalk Outdoor dining furniture includes tables, chairs or other seating, shade structures, umbrellas, planters, and barriers.
iii. Type of portable barrier delineation (i.e., temporary fencing, posts and rope, potted plants, etc.) and visual representations, illustrations, photos or cut sheets of proposed barrier type. iv. Sidewalk Outdoor dining site plan review application and encroachment application fees as adopted by council resolution. b. Appeals. Decisions of the planning director Community Development Director and pPublic wWorks dDirector may be appealed to the Planning Commission within ten days. Decisions of the Planning Commission are final unless a conditional use permit is involved, in which case, the final appeal decision is made by the cCity cCouncil pursuant to Section 21.02.020(D) of this title.
(.040). Other Permits. Uses and development requiring a conditional use permit or minor conditional use permit are referred to Table 21.A.C, Permitted and Conditionally Permitted Uses, and Chapter 21.02, Permits, of this title.” SECTION 4. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15305 and 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual outdoor dining applications Item #13. Page 8
Meeting Date: 1/24/2023 / Packet Page #: 1766
Ordinance _____ Page 7 of 8
will be reviewed under CEQA as they are proposed. Adoption of this Ordinance would enact changes in outdoor dining regulations, and it can be seen with certainty that its adoption will not have a significant effect on the environment.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Glendora hereby declare that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (Govt’ Coder § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this ___ day of ____, 2023.

City Council of Glendora, California
BY: __________________________________

GARY BOYER
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #13. Page 9
Meeting Date: 1/24/2023 / Packet Page #: 1767
Ordinance _____ Page 8 of 8

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 10th day of January, 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS: Davis, Mendell and Boyer.

NOES: COUNCIL MEMBERS: Allawos and Fredendall.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that summaries of said Ordinance were published as required by law in a newspaper of general circulation in the City of Glendora, California on January 19, 2023 and _____________, 2023 as prescribed by Government Code Section 36933 (c) (1).

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #13. Page 10
Meeting Date: 1/24/2023 / Packet Page #: 1768
Item #13. Page 11
Meeting Date: 1/24/2023 / Packet Page #: 1769

PUBLIC NOTICE

SUMMARY OF PROPOSED ORDINANCE
(AS PRESCRIBED BY GOVERNMENT CODE SECTION 36933 (c) (1)) NOTICE IS HEREBY GIVEN THAT at their meeting held January 10, 2023, the Glendora City Council introduced for first reading, proposed Ordinance No. 2075, which if approved, will amend several sections of Glendora Municipal Code Title 21 (Zoning), Section 21.06.070 CCAP Zoning Development Standards of The Glendora Municipal Code relating to outdoor dining. The ordinance enacts the following regulations and policies:

This ordinance proposes to update existing regulations for sidewalk and parklet dining in the Glendora Village. The proposed ordinance contains the changing of “Sidewalk Dining” to “Outdoor Dining,” throughout, to include both outdoor and parklet dining practices. Standards and regulations set forth in this ordinance include guidelines and procedures that have been deemed necessary to permit successful, long-term outdoor and parklet dining in the City, that are not currently explicitly stated. Such revised, and added, verbiage identifies and addresses regulatory nuances that presently exist in the Municipal Code, with the permitting of outdoor and parklet dining, regarding uniformity and the safety of residents and visitors in the Glendora Village. The ordinance also reflects administrative changes in application review and processing to better represent the needs and features of admissible outdoor dining.

The City Council will consider adoption of said ordinance at their meeting to be held January 24, 2023, 2nd reading/adoption, at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora.

A full text copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Glendora at Glendora City Hall, 116 E. Foothill Boulevard, California, and online at www.cityofglendora.org under public notices.

Said ordinance will become effective 30 days after adoption.

The foregoing Ordinance was introduced for first reading at a Regular Meeting of the Glendora City Council by the following roll call vote:

AYES: COUNCILMEMBERS: Davis, Thompson, and Boyer
NOES: COUNCILMEMBERS: Allawos, Fredendall
ABSENT: COUNCILMEMBERS: None.

ABSTAIN: COUNCILMEMBERS: None.

Dated this 11th day of January, 2023.

Kathleen R. Sessman, MMC
City Clerk / Communication Director
Published in San Gabriel Valley Examiner: January 19, 2023 Item #13. Page 12
Meeting Date: 1/24/2023 / Packet Page #: 1770

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: INFORMATION TECHNOLOGY DISTRICT(S): N/A
SUBJECT: AUTHORIZE THE PURCHASE OF A SERVER REFRESH AND CONSOLIDATION FROM SIDEPATH IN THE AMOUNT OF $136,935.88 (STRATEGIC PLAN ITEM 47- IMCIF)

RECOMMENDATION
That the City Council:

1. Authorize the purchase of the server refresh hardware from SidePath in the amount of $136,935.88.

EXECUTIVE SUMMARY
The City of Glendora has two main datacenters. All network traffic, systems data and the bulk of computer activity flows through these locations and each datacenter houses critical infrastructure such as servers, network switches, storage and backup.

The current equipment is approaching end of life and a refresh of equipment is due.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On November 8, 2016, the Council approved a contract with Lanair group for the purchase of critical infrastructure; this hardware included VM hosts, Storage, Networking equipment, backup and professional services.

While some of this equipment has already been replaced, the remaining equipment is end of life and needs a refresh to continue running optimally.

DISCUSSION
Over the past several months, the IT Department has been assessing the needs of the City’s overall infrastructure, end of life equipment, and warranty status, as well as looking to the future for ways to consolidate and move the City’s on premises equipment to the cloud, minimizing our footprint.

The IT Department is looking strategically at upcoming systems, software and new regulations that allow the City to consolidate systems and bolster backups and redundancy. The new servers will have increased scalability, which allows the City to combine Police Department and City datacenters while decreasing licensing, storage and backup costs. This new equipment will also position the City to start its migration to a cloud-based system.

This purchase of goods in the amount of $136,935.88 is being made in accordance with City of Glendora Municipal Code (GMC) section 2.40.090. This purchase falls under GMC 2.40.090(c)(6) cooperative purchasing using the cooperative NASPO contract #MNWNC-108 and NASPO# MNWNC-109. In addition, GMC 2.40.090(c)(14) and GMC 2.40.090(c)(15) allow certain exceptions to formal bidding for technology hardware.

Item #14. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1771
Staff Report Page 2 of 2

FISCAL IMPACT
Sufficient funds are included in the adopted FY23 budget under account 5484419.72000.11

ENVIRONMENTAL DETERMINATION
N/A
Prepared By Sam Robbin, Information Technology Director Concurs With Not Applicable
Reviewed By Sam Robbin, Information Technology Director Certified to Availability of Funds Kyle Johnson, Assistant Director - Finance Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Dell Purchase
Item #14. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1772
Quotation
22892 Mill Creek Drive Date: 01/10/22
Laguna Hills, CA 92653 Quotation #: SIDQ41810-01
Phone (949)748-8700; Fax (949)748-8706
www.sidepath.com
Valid Until: 02/10/23
Prepared By: Krunal Patel
Project ID: SIDPROJECT38917
Bill To: Ship To:

City of Glendora City of Glendora
Attn: Sam Robbin Attn: Sam Robbin
116 E Foothill Blvd
Glendora, CA 91741
116 E Foothill Blvd
Glendora, CA 91741
Phone: +1 626-852-4888 Phone: +1 626-852-4888
Email: [email protected] Email: [email protected] Qty Item Code Description Unit Price Ext. Price
NASPO# MNWNC-109 | State Addendum #7-15-70-34-004 | Authorized Reseller Code 98AHB NASPO# MNWNC-108 | State Addendum #7-15-70-34-003 | Authorized Reseller Code 98AHB PowerStore 1200T
1 210-BCZJ PowerStore 1200T Field Install $7,507.53 $7,507.53 1 370-AEZP 384GB Appliance DIMM 192GB Per Node $3,841.94 $3,841.94 1 379-BEIN Thank you for choosing Dell $0.00 $0.00
12 400-BGGM P1 25X2.5 NVME SED SSD 3.84TB $4,474.42 $53,693.04 1 400-BOBK PowerStore NVRAM FIPS QTY 2 $3,180.06 $3,180.06 1 528-BTZK PowerStore Base SW $0.00 $0.00
1 406-BBQI 10GBE OPTICAL 4 PORT CARD PAIR $711.49 $711.49 2 565-BBJS 32GB FC 4 PORT IO MODULE PAIR $2,355.23 $4,710.46 4 407-BCGF 10GBE OPTICAL SFP PAIR $115.86 $463.44
1 450-AIOM Dual 1800W (200-240V) Power Supply, includes C13/C14 Power $591.81 $591.81 Cords
1 343-BBTN PowerStore Base Enclosure Install Kit $0.00 $0.00 1 800-BBQV Informational Purposes Only $0.00 $0.00
1 379-BDPD ISG Product (info)
$0.00 $0.00
1 876-3332 $280.56 $280.56
1 876-3466 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with $1,294.37 $1,294.37 Emergency Dispatch 3 Years
1 876-3522 ProSupport Mission Critical 7x24 Technical Support and $1,509.98 $1,509.98 Assistance 3 Years
1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit $0.00 $0.00 //www.dell.com/support or call 1-800- 945-3355
12 828-4819 ProSupport: Mission Critical 4-Hour 7x24 On-Site Low Capacity $894.12 $10,729.44 SSD Add-On, 3 Years
1 800-BBQV Informational Purposes Only $0.00 $0.00
1 825-8624 Certified Deployment Partner T2 $0.00 $0.00
1 210-ATXO AppSync for PowerStore $0.01 $0.01
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Infrastructure Refresh (Option 1) Page 1 of 4 Item #14. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1773
Qty Item Code Description Unit Price Ext. Price
1 528-BYHF AppSync Str Pk for PowerStore=CB $0.00 $0.00 1 900-9997 On-Site Installation Declined $0.00 $0.00
1 828-5722 ProSupport Mission Critical for AppSync Starter Pack Software $0.00 $0.00 Support Maintenance 3 Years
1 828-5766 ProSupport Mission Critical for AppSync Starter Pack Software $0.00 $0.00 Support Contract 3 Years
SubTotal $88,514.13
PowerEdge R650 (FC)
4 210-AYJZ PowerEdge R650 Server $9,073.77 $36,295.08
379-BEIC 8x2.5 Front Storage
379-BDSS SAS/SATA Backplane
379-BDTE No Rear Storage
461-AAIG Trusted Platform Module 2.0 V3
321-BGHM 2.5" Chassis with up to 8 Hard Drives (SAS/SATA), 1 PCIe Slot, 1 CPU
338-CBXJ Intel Xeon Gold 6326 2.9G, 16C/32T, 11.2GT/s, 24M Cache, Turbo, HT (185W) DDR4-3200
374-BBBX No Additional Processor
412-AAVN Heatsink for 1 CPU configuration (CPU more than 165W) 370-AAIP Performance Optimized
370-AEVR 3200MT/s RDIMMs
780-BCDS Unconfigured RAID
405-AAZB PERC H755 SAS Front
750-ACFR Front PERC Mechanical Parts, front load
384-BBBL Performance BIOS Settings
800-BBDM UEFI BIOS Boot Mode with GPT Partition
750-ADIF 3 High Performance Fans for 1 CPU
450-AIQX Dual, Hot-plug, PSU (1+1), 800, Mixed Mode, NAF 330-BBRQ Riser Config 0, 1CPU, Half Length, Low Profile, 1 x16 Slot 329-BFGW PowerEdge R650 Motherboard with Broadcom 5720 Dual Port 1Gb On-Board LOM
385-BBQV iDRAC9, Enterprise 15G
528-CTZH OpenManage Enterprise Advanced Plus
540-BCRX Broadcom 57504 Quad Port 10/25GbE,SFP28, OCP NIC 3.0 325-BECJ LCD Bezel
350-BCEI Luggage Tray x8 and x10 Chassis, R650
403-BCID BOSS Blank
350-BBXM No Quick Sync
379-BCSG iDRAC,Legacy Password
379-BCQY iDRAC Group Manager, Disabled
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Infrastructure Refresh (Option 1) Page 2 of 4 Item #14. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1774
Qty Item Code Description Unit Price Ext. Price
611-BBBF No Operating System
605-BBFN No Media Required
770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar
631-AACK No Systems Documentation, No OpenManage DVD Kit 340-CUQR PowerEdge R650 Shipping
340-CUQN R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe
343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis
389-DYHX PowerEdge R650 CCC Marking, No CE Marking
817-BBBB Custom Configuration
853-2137 Dell Hardware Limited Warranty Plus Onsite Service 853-2140 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years
853-2155 ProSupport Mission Critical 7x24 Technical Support and Assistance 3 Years
989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
900-9997 On-Site Installation Declined
370-AGDS (8) 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 400-AXTV (2) 480GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG Drive, 1 DWPD
492-BBDH (2) Jumper Cord - C13/C14, 0.6M, 250V, 13A (North American, Guam, North Marianas, Philippines, Samoa)
540-BDGU QLogic 2772 Dual Port 32Gb Fibre Channel HBA, PCIe Low Profile, V2
470-AAGP (4) Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper Twinax Direct Attach Cable, 3 Mete
SubTotal $36,295.08
Dell Networking Cables
8 470-ACLV Dell Networking Cable, OM4 LC/LC Fiber Cable, (Optics required), $85.00 $680.00 1 Meter, Customer kit
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $125,489.21 Taxes $11,446.67
Shipping $0.00
Grand Total $136,935.88
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath will collect sales tax for orders shipped to these five states: Arizona, California, Massachusetts, Nevada and Washington. For orders shipped outside of these five states, it will be the customer's responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Infrastructure Refresh (Option 1) Page 3 of 4 Item #14. Page 5
Meeting Date: 1/24/2023 / Packet Page #: 1775
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - Infrastructure Refresh (Option 1) Page 4 of 4 Item #14. Page 6
Meeting Date: 1/24/2023 / Packet Page #: 1776

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: AD-HOC ANTIQUE STREETLIGHT
CITIZEN’S ADVISORY PANEL
DISTRICT(S): 2 AND 3
SUBJECT: RECOMMENDATIONS TO THE CITY COUNCIL – AD HOC ANTIQUE STREETLIGHT CITIZEN’S ADVISORY PANEL

RECOMMENDATION
That the City Council:

1. Moves forward with the Antique Street Light project due to the overwhelming interest from the residents in the affected assessment district area and beyond, to see this little bit of Americana be saved for posterity as well as to enhance the safety in the affected neighborhoods. To this end, the Panel recommends:
a. that the estimated funding gap ($1,969,145 - $2,282,995) be filled by the City, and that the balloting process be formally initiated to establish an assessment district; b. if the City does not fill the funding gap, delay the balloting process, and direct Public Works staff to pursue additional grant funding opportunities from local, state and/or federal governments as well as non-profit organizations;

2. Maintain the historic value of the current lights, by refurbishing where possible the existing lights and parts visible above ground;

3. Form a renewed Ad HOC committee to move into the next phase, in collaboration with the Glendora Historic Society and City Public Works to continue efforts around public outreach, firm up additional details and generally remain a conduit for the residents to speak into as the project moves on to balloting;

4. Seeks additional grant funds from local, state and/or federal governments as well as non-profit organizations to subsidize any shortcomings beyond the current grant of $1.5 million or subsequent bid’s covering the cost related to the operationalizing and preservation of the antique streetlights; and

5. Dismiss current bid or seek additional bids and allow for the Ad HOC committee to establish a bid Task Force to aid City Public Works wherever possible in the efforts put forth to solicit bids and research where to cap the annual cost escalator. This Task Force should also form recommendations for best practices and policy recommendations to maintain proper maintenance and avoid shortfalls together with City Public Works.

EXECUTIVE SUMMARY
The antique streetlight system was originally installed over 100 years ago and is located near/around the Glendora Village. As the system deteriorated over time, it became increasingly difficult to maintain, and was shut down by the City in 2004 due to unsafe conditions. Since that time, various discussions and actions have taken place around the potential to retrofit and upgrade the system to make it operational Item #15. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1777
Staff Report Page 2 of 9
again, including three unsuccessful ballot measures to establish an antique streetlight assessment district, with the most recent attempt made in 2008.

Following a City staff presentation on the estimated costs and timeline to reenergize the antique street lights in mid-2022, the City Council discussed and approved the creation of an Ad-Hoc Antique Streetlight Citizen’s Advisory Panel, with a mission to engage residents in a dialogue to determine the interest and feasibility of renovating the antique streetlights, and potential support for the creation of an antique streetlight maintenance assessment district. The Panel was directed to make a report of its findings and recommendations to the City Council in January 2023.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Shortly after the adoption of the Fiscal Year (FY) 2021 through FY 2023 City budget, and based upon a request submitted to California State Senator Anthony J. Portantino, it was announced that $1,500,000 was approved in the State budget for the antique streetlight system. Given this, Glendora Capital Improvement Project (CIP) funds were rescheduled between the Antique Streetlight Project and other existing CIP projects so that preliminary work could begin during FY 2021/22, and an agreement was awarded to JMDiaz, Inc. to provide initial design services, including 65% complete design plans, and a preliminary total project cost estimate based upon those plans.

On May 10, 2022, the City Council authorized staff to develop an ad-hoc process for a group of no more than 11 people to begin a feasibility dialogue around the restoration of the City’s antique streetlights, and the creation of an antique streetlight maintenance assessment district. The City Council also authorized staff to engage an engineering firm to assess support for the effort, including an additional supplemental appropriation of $55,000 from Capital Projects Fund 321 to complete design plans, bringing the total funded project budget to $1,629,950.

On June 14, 2022, the City Council discussed and approved the creation of an Ad-Hoc Antique Streetlight Citizen’s Advisory Panel, with a mission to engage residents in a dialogue to determine the interest and feasibility of renovating the antique streetlights, and potential support for the creation of an antique streetlight maintenance assessment district.

On August 23, 2022, the City Council appointed all nine applicants as members of the Ad-Hoc Antique Streetlight Citizen’s Advisory Panel, directed that one seat would be open for a representative from the Glendora Historical Society, and appointed Patrick Hollanders as Chair with direction to have the Vice Chair chosen by the Panel.

The Ad-Hoc Antique Streetlight Citizen’s Advisory Panel has met on six occasions (September 8 and 29, October 20, November 10, and December 1 and 21). The Panel:
● Reviewed the history of the antique streetlight system dating back to its original installation in 1911 and 1914;
● Discussed the project plans and recommended the inclusion of alternate options as part of the bid package;
● Received an overview of the City’s bidding process;
● Received a briefing on the process and legal framework related to the establishment of an assessment district, and discussed the estimated annual assessment based on the results of the bidding process; and,
● Developed a public outreach effort that informed the creation of a project webpage and collateral materials, conducted door to door outreach, and staffed an informational table during the Village Stroll.

Item #15. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1778
Staff Report Page 3 of 9

DISCUSSION
Brief Project History
The Antique Streetlight System was originally installed in 1911 and 1914, and is located near/around the Glendora Village. It consists of copper and steel poles with two different types of fixtures, operating on high voltage with no equipment grounding. With time, the conduit, where present, corroded, and the lead wiring fused together. As the system deteriorated, it became increasingly difficult to maintain, and was shut down by the City in 2004 due to unsafe conditions. Since that time, various discussions and actions have taken place around the potential to retrofit and upgrade the system to make it operational again, including holding balloting processes in an attempt to create an antique streetlight assessment district.

The most recent ballot attempt was in 2008.

Given the desire to again explore the potential retrofit and upgrade of the system, background discussions around the antique streetlights continued and at the January 28, 2020 meeting, the City Council voted to approve sending a letter to Senator Portantino requesting an appropriation in the State of California’s budget to help cover the cost of retrofitting the City’s historic street lights in the amount of $1,500,000; staff estimated at that time that project costs would be $2.5 million.

The project was officially added to the City’s CIP as part of the adoption of the FY 2021/23 Two-Year Budget at the June 16, 2021 City Council meeting. An initial allocation of $50,000 was programmed in FY 2022/23, with $70,000 proposed for FY2023/24, $1,065,000 proposed for FY2024/25, and $790,000 proposed for FY2025/26, for a total of $1,975,000. The intention of the initial budget amounts was to prepare preliminary designs and estimates which would better inform actual probable construction costs in latter years.

On June 29, 2021, Senator Portantino’s office announced that his $1,500,000 budget request for the City of Glendora antique streetlights had been approved by the State legislature as part of the FY 2021/22 State Budget. Given this, Glendora CIP funds were reassigned between the Antique Streetlight Project and other existing CIP projects so that preliminary work could begin during FY 2021/22 rather than waiting until FY 2022/23; an agreement was awarded to JMDiaz, Inc. to provide initial design services, including 65% complete design plans, and a preliminary total project cost estimate based upon those plans.

Funding programmed in future years remained unfunded (refer to the Fiscal Impact Section).

After review and revision, the estimated total costs to finalize the project would be $2,692,990 based on the 65% complete design plans. This would include finalizing design and upgrading the system with contracted construction management. Following completion of the 100% design plans, the project estimate was revised to $2,277,605 given the more complete understanding of the project. Additional costs would be incurred to conduct a balloting proceeding to establish an antique streetlight assessment district, the success of which would be necessary to offset associated administrative and operational maintenance and repair costs in future years.
100% Design
100% Design
with Bid
Alternates*
65% Design
Construction
Cost Estimate $ 1,870,550 $ 1,373,450 $ 1,902,300
Contingency (10%) $ 187,055 $ 137,345
Contingency (30%) $ 570,690
Cost Estimate Total $ 2,057,605 $1,510,795 +
Refurbishment $ 2,472,990
Item #15. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1779
Staff Report Page 4 of 9
Incidental Expenses
Final Design $ 30,000 $ 30,000 $ 30,000
Construction Management $ 140,000 $ 140,000 $ 140,000
Antique Street Light Assessment District $ 30,000 $ 30,000 $ 30,000 Subtotal $ 200,000 $ 200,000 $ 200,000
Contingency (10%) $ 20,000 $ 20,000 $ 20,000
Total $ 220,000 $ 220,000 $ 220,000
Grand Total $ 2,277,605 $1,730,795 +
Refurbishment $ 2,692,990
*The cost estimate to refurbish existing poles was not received and was not included in the total for 100% Design with Bid Alternates.

Ad-Hoc Antique Streetlight Citizen’s Advisory Panel
Following the City Council’s appointments, the Ad-Hoc Antique Streetlight Citizen’s Advisory Panel has met on six occasions between September – December 2022. Each of the Panel’s meetings was focused on a different element of the project. At each meeting, Panel members were able to ask questions, request information, discuss the information presented, and provide direction on public outreach efforts.

Meeting Date Topics Discussed
September 8 ● Discuss nomination for Vice Chair
● Antique streetlight history/background
● Panel goals and deadlines
● Initial questions and comments from Panel
September 29 ● Conduct nominations for Ad-Hoc Panel Vice Chair ● Glendora Antique Streetlight History 101 Presentation ● Discuss meeting schedule
October 20 ● List of properties within proposed antique streetlight assessment district ● Construction plan bid process and timeline
● Public outreach plan kick-off, frequently asked questions (FAQs), review draft antique streetlight one-page informational handout November 10 ● Willdan presentation: assessment process
● Construction bid update
● Public outreach plan, antique streetlight one-page informational handout, sample A-frame/yard and/or lamppost signage
December 1 ● Public outreach efforts
● Determine Ad-Hoc Panel report
December 21 ● Willdan presentation: assessment process and estimates ● Determine Ad-Hoc Panel report and recommendation
● Public outreach efforts
Each of the Panel’s meetings was open to the public, broadcast virtually (via Zoom), with agendas and supporting materials published to a project webpage created on the City’s website (https://www.cityofglendora.org/residents/ad-hoc-panel-antique-streetlights). The webpage also includes information on the schedule of meetings, historical information on the antique streetlights, the timeline of recent City Council actions related to the antique streetlights, as well as responses to the questions posed by members of the Panel in several subject areas – general overview, financial, lighting assessment district, construction, operational, and other (FAQs).

Item #15. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1780
Staff Report Page 5 of 9
It should be noted that the Panel was initially intended to present its final report and recommendation in December 2022. The final report and recommendation was delayed until January 24, 2023 in order to accommodate the need to post the construction bid package for a second time given that no responsive bids were received when the package was initially bid.

Project Bid
The City entered into contract with JMDiaz, Inc. to prepare plans, specifications, and estimates (PSE) for refurbishing and/or replacing the 113 antique streetlights. The construction bid package was publicly advertised beginning on October 6, 2022, with a bid opening date of October 25, 2022. As was requested by the Panel, the format of the bid allowed for alternates for certain items (as listed below):

Item Number Description
3a Replace 38 streetlights if needed due to missing streetlights or unable to refurbish existing streetlight. (Bid Item 3 – replace all 113 streetlights) 4a Trench in the street for the portion of conduit crossing the street, with trenching along the roadway for 2-#8 stranded copper insulated conductors, etc. (Bid Item 4 – trench for the conduit in the parkway)
5a Trench in the street along the roadway for 2-#8 stranded copper insulated conductors, etc. (Bid Item 5 – trench for the conduit in the parkway) 6a Trench in the street along the roadway for 4-#8 stranded copper insulated conductors, etc. (Bid Item 6 – trench for the conduit in the parkway) 7a Trench in the street along the roadway for 6-#8 stranded copper insulated conductors, etc. (Bid Item 7 – trench for the conduit in the parkway) 23 This alternate bid item is to refurbish the existing poles. It will replace Bid Item 3.

Staff intended to review the options with the Panel following the bid opening to determine how to proceed to construction. The bid amount would also be used to calculate the estimated annual assessment that would be levied, and help inform public outreach efforts to better understand what property owners would be willing to be assessed. Unfortunately, no responsive bids were received by the bid opening date.

City staff subsequently contacted the contractors and subcontractors that viewed the construction bid package to discuss why bid responses were not submitted. Several parties indicated that the City’s solicitation coincided with a larger Caltrans project solicitation which garnered most of the attention and allocation of resources. City staff upon direction of the panel determined that the best course of action was to repost the construction bid package a second time, after the Caltrans solicitation closed, in order to allow contractors and subcontractors sufficient time to prepare bid responses. City staff was also directed to proactively reach out to several contractors and subcontractors to make them aware of the City’s solicitation to generate broader interest in the project. The second bid period began on November 7, 2022, with a bid opening date of December 8, 2022.

The City received one bid, with construction costs estimated in the range of $3.6 to $3.9 million (depending on the options selected); the City’s engineering estimate was $2.4 million. The table below summarizes the costs for each option. For this second bid opportunity, 12 firms reviewed the bid package, but only one bid was submitted.

Item #15. Page 5
Meeting Date: 1/24/2023 / Packet Page #: 1781
Staff Report Page 6 of 9
Option New Poles Refurbish
Poles
Conduit in
Parkway
Conduit in
Street
Electrical,
Restoratio
n, Misc.

Mobilization
, Traffic
Control
Project
Cost
All New
poles with
conduit in
parkway
$1,342,200 $1,442,775 $533,750 $280,370 $3,599,095
Refurbish
poles with
conduits in
parkway
$1,415,200 $1,442,775 $533,750 $280,370 $3,672,095
All new
poles with
conduit in
street
$1,342,200 $1,683,625 $533,750 $280,370 $3,839,945
Refurbish
poles with
conduit in
street
$1,415,200 $1,683,625 $533,750 $280,370 $3,912,945
Public Outreach
Public outreach is a critical element of the work being undertaken by the Ad-Hoc Antique Streetlight Citizen’s Advisory Panel. Over the course of its work, the Panel has sought to engage residents within the boundaries of the proposed assessment district to share information and be transparent of its work, provide historical context as it relates to previous efforts, and address the questions residents have about the antique streetlight system. To this end, the Panel has undertaken the following public outreach related actions:
● Antique Streetlight Webpage – a webpage was created to be a central repository of information related to the Panel’s work. The webpage includes links to meeting agendas, videos of the meetings, historical information on the antique streetlights, the timeline of recent City Council actions related to the antique streetlights, and responses to Frequently Asked Questions (FAQs).

The webpage has been updated regularly based on the feedback and direction of the Panel over the course of its work.

Since the webpage was launched on October 4, 2022, there have been 554 total pageviews (529 unique pageviews all time) to date. Meeting videos have also been consistently accessed on the City’s YouTube site: October 20 – 15 views; November 10 – 21 views; December 1 – 18 views; December 21 – 18 views.
● Frequently Asked Questions (FAQs) – at its first meeting, the Panel posed several questions to staff related to the antique streetlight system. The FAQ section of the webpage was developed as a tool for the Panel to track the questions submitted with the answers prepared by staff as well as a central repository for the citizens of Glendora to access to become more informed. The FAQs is organized by subject – general overview, financial, lighting assessment district, construction, operational, and other – and has been updated as additional information has become available. ● Information Handout (One-Pager) – an informational handout was developed at the direction of the Panel to help provide a basic level of information related to this effort. The “one-pager” has been updated regularly based on the feedback and direction of the Panel over the course of its work, and has included information on funding availability, the balloting process, and assessment districts. A map was also included to provide a visual representation of where the antique streetlights are located and what area could be included within an assessment district. A “QR” Code (quick response code) has been added to provide a direct link to the Panel’s webpage and the FAQ section in an effort to further inform residents of Glendora.

Item #15. Page 6
Meeting Date: 1/24/2023 / Packet Page #: 1782
Staff Report Page 7 of 9
● Informational Yard Signs – the Panel directed staff to create an informational sign that could be placed in the front yards of residences that could be within the boundaries of a proposed assessment district area. Two options were developed by City staff for the Panel to consider. The signs are intended to capture the attention of residents and direct them to the antique streetlight webpage to learn more about the Panel’s work. A “QR” Code (quick response code) was added to provide a direct link to the Panel’s webpage.
● Informational Table – recognizing the community’s attendance at each year’s Holiday Stroll and Tree Lighting event, the Panel requested that an informational table be set up to provide a direct opportunity to engage the community on the Panel’s work, and generate interest and support for its efforts. Panel Members staffed the table throughout the evening, distributed informational handouts, and answered questions from interested residents.

It should be noted that the materials prepared by City staff have solely been intended for informational and educational purposes. All advocacy related public outreach efforts have been undertaken by Panel Members.

Recommendations and Further Insights
Through the Panel’s outreach efforts, the panel has spoken to a great number of residents in the proposed assessment district as well as beyond – it is estimated that the Panel communicated with at least 20-25% of the residents within the proposed assessment district. The panel has also used yard signs and hand delivered fliers to the properties located in the proposed district, generating an upswell of interest from Glendorans. Additional learnings and our recommendations:
● We learned through our efforts that many of the residents in the proposed district are overwhelmingly positive and passionate about the project and the possibility for the lights to be turned on. So far we have encountered just two parcel owners that were not in favor. ● Residents in the proposed district as well as Glendora residents outside the proposed district shared with us that the lights, initially put in by the Whitcomb family, are a piece of Americana that they don’t want to lose. Furthermore, as we see ourselves as the “Pride of the Foothills;” this project is viewed as an opportunity to reclaim a little bit of this pride for Glendora as it distinguishes our main street, Glendora Avenue, adds to our historic district and can be seen as an extension of the Glendora station corridor further identifying Glendora as a unique city to travelers visiting through the metro system where quality of live is celebrated. ● We also learned that safety and security was a main driver for residents to support for the lights to be turned on (both residents from the proposed assessment district as well as residents from outside the district that frequent the area.)
● From an assessment perspective, the feedback we received from the residents we engaged in the affected district was that if the annual assessment falls within a $100-200 dollar range that would be an acceptable number. The annual escalator was not thoroughly discussed at this time and will need further research.
● Overall, due to our findings, we recommend that the City Council moves forward with the Antique Lights Assessment District project given that the above insights, and recommendations made on page one of this report are kept in mind.

Alternatives:

If the City Council elects not to move forward with the project as presented, some alternatives have been discussed, and are presented for your consideration.

Item #15. Page 7
Meeting Date: 1/24/2023 / Packet Page #: 1783
Staff Report Page 8 of 9
● Taking a phased approach, utilizing the current grant to complete Glendora Avenue if possible and apply for additional grant money for subsequent phases to complete additional streets and or sections in the future. Further research will need to be done and the current Ad HOC Panel together with City Public Works could facilitate this work. ● Consider the possibilities to designate the lights in the discussed area as historic landmarks and investigate if this allows for additional grants or savings to be realized. Current Ad HOC Panel to facilitate research, together with Historic Society and City Public Works.

FISCAL IMPACT
The fiscal impact will ultimately depend on the direction received from the City Council on how to proceed.

The FY 2020/21 through FY 2022/23 Two Year Budget included a placeholder for the Historic Street Lights project, which included both funding and anticipated costs that are not funded.

Capital Projects Fund 321
Fiscal Year FY2021/22 FY2022/23 FY2023/24 FY2024/25 FY2025/26 Amount $79,950 $50,000 $70,000 $1,065,000 $790,000
Status Funded Unfunded
Based on the bid received, construction costs are estimated in the range of $3,599,095 - $3,912,945, depending on the options selected (the Engineer’s Estimate for this project was $2.4 million). With the allocation made by the City Council and the $1.5 million received from the state, the projected funding gap is estimated to be $1,969,145 - $2,282,995. Based on City Council direction, if the project is to move forward, the funding gap could be filled through identification of additional city funds, fundraising, financing through the lighting assessment district, or a combination thereof.

Estimated Annual Assessment (303 Parcels)
The assumptions provided below for the Annual Assessment were based on completing the funding gap with an internal loan between City Funds and feedback from the Panel. The interest rate on the loan used the September 2022 Local Agency Investment Fund (LAIF) rate of 1.513% and principal amounts that match the funding gaps discussed above of $1,969,145 (Low-End) and $2,282,995 (High-End). The “LowEnd" assumes construction of all new poles with conduit in the parkway ($3,599,095) and the “High-End” assumes refurbishment of existing poles and conduit in the street ($3,912,945).

Loan Assumption Low-End High-End No Loan
20 Years $482.41 $538.38
30 Years $382.43 $422.46
City Pays ½ Construction Cost (20 Year Loan) $334.81
City Pays Full Construction Cost $131.25
It is important to note the assessments are not static and may change based on the direction from the City Council after taking in consideration the recommendations of the Panel and other factors including but not limited to:
● If a 0% interest rate loan was provided (this would decrease the assessment); or ● If the loan had a longer term (this would decrease the annual assessment); or ● If more maintenance costs are experienced than anticipated (this could increase the annual assessment); or
Item #15. Page 8
Meeting Date: 1/24/2023 / Packet Page #: 1784
Staff Report Page 9 of 9
● If the term of the loan was shortened (this would increase the annual assessment); or ● Future inflationary or recessionary periods in the economy may impact the amount of the assessment based on the Consumer Price Index (CPI) increase factor related to the cost of maintaining the district.

Prepared By Patrick Hollanders, Chair
Esther Koski, Vice Chair
ATTACHMENT:

A. Willdan Estimated Annual Assessment Options
Item #15. Page 9
Meeting Date: 1/24/2023 / Packet Page #: 1785
Glendora Antique Streetlights
Assessment District
Willdan Financial Services
Item #15. Page 10
Meeting Date: 1/24/2023 / Packet Page #: 1786
Overview
◦ Provide an update to the budget and assessment calculation with new loan amount.
◦ Discuss the requirements and voting process to form the assessment district.
◦ Discuss annual maximum assessment rate increase (CPI).

Item #15. Page 11
Meeting Date: 1/24/2023 / Packet Page #: 1787
Rehabilitation/Renovation Loan Assumptions
◦ Low-End:
◦ All new poles with conduit in parkway - $3,599,095
◦ Loan Assumptions
◦ Amount: $1,969,145
◦ Terms: 20 Years & 30 Years
◦ Interest Rate: 1.513%
◦ High-End:
◦ Refurbish poles with conduit in street - $3,912,945
◦ Loan Assumptions:
◦ Amount $2,282,995
◦ Term: 20 Years & 30 Years
◦ Interest Rate: 1.513%
Existing Funding: $1,629,950
◦ CIP Funding: $129,950
◦ State Funding: $1,500,000
Item #15. Page 12
Meeting Date: 1/24/2023 / Packet Page #: 1788
Budget: Low-End Cost (20 vs. 30 years)
Loan Over 20 Years Loan Over 30 Years
(1) All new poles with conduit in parkway

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation Loan (1) $ 114,841.34
Total Incidental $ 127,472.48

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 157,763.97
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $482.41
Antique Streetlighting Assessment District No. 2

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation Loan (1) $ 82,144.78
Total Incidental $ 94,775.92

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 125,067.41
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $382.43
Antique Streetlighting Assessment District No. 2
Item #15. Page 13
Meeting Date: 1/24/2023 / Packet Page #: 1789
Loan Over 20 Years Loan Over 30 Years
(1) Refurbish poles with conduit in street
Budget: High-End Cost (20 vs. 30 years)

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation Loan (1) $ 133,145.20
Total Incidental $ 145,776.34

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 176,067.83
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $538.38
Antique Streetlighting Assessment District No. 2

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation Loan (1) $ 95,237.33
Total Incidental $ 107,868.47

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 138,159.96
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $422.46
Antique Streetlighting Assessment District No. 2
Item #15. Page 14
Meeting Date: 1/24/2023 / Packet Page #: 1790
Budget: High-end Cost (City Pays Half vs. City Pays Full Loan) City Pays Half of Construction Cost (20 Year Loan) City Pays Full Construction Cost (1) Refurbish poles with conduit in street

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation (Loan) $ -
Total Incidental $ 12,631.14

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 42,922.63
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $131.25
Antique Streetlighting Assessment District No. 2

DIRECT COSTS
Streetlight Maintenance (Energy) $ 28,069.20
Total Direct Cost $ 28,069.20

ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00
City Services $ 1,000.00
County Administration Fee $ 125.75
Total Administration $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $ 31,694.95 Incidental Expenses
Operational Reserve Collection $ 7,017.30
Streetlight Capital (CIP) $ 5,613.84
Rehabilitation/Renovation (Loan)(1) $ 66,572.60
Total Incidental $ 79,203.74

LEVY ADJUSTMENTS
Streetlight General Benefit Contribution $ (1,403.46)
Total Levy Adjustments $ (1,403.46)
BALANCE TO LEVY $ 109,495.23
Total Parcels 305
Total Charged Parcels 303
Total EBUs 327.0332
Maximum Assessment Rate Per EBU $334.81
Antique Streetlighting Assessment District No. 2
Item #15. Page 15
Meeting Date: 1/24/2023 / Packet Page #: 1791
Annual Assessment Rate Summary
Comparing the Maximum Assessment Rates Per EBU:

Loan Assumption Low-End High-End No Loan
20 Years $482.41 $538.38
30 Years $382.43 $422.46
City Pays ½ Construction Cost (20 Year Loan) $334.81
City Pays Full Construction Cost $131.25
Item #15. Page 16
Meeting Date: 1/24/2023 / Packet Page #: 1792
The Voting Process
◦ The following steps describe the voting process in order to form the Antique Streetlights Assessment District:

Public Outreach Efforts Prepare/Mail
Notices and Ballots
Public Hearing and
Ballot Tabulation
◦ Only ballots received are counted (Public Hearing)
◦ District is established if 50% of the ballots received are in favor of the assessment.

Item #15. Page 17
Meeting Date: 1/24/2023 / Packet Page #: 1793
Annual Increase CPI
◦ The maximum assessment rate may increase annually by the Consumer Price Index (CPI).
◦Annual increase may not exceed a % to be determined by City, to be voted on by property owners on ballot.

Item #15. Page 18
Meeting Date: 1/24/2023 / Packet Page #: 1794
Questions?
Thank you
Item #15. Page 19
Meeting Date: 1/24/2023 / Packet Page #: 1795

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: PUBLIC WORKS DISTRICT(S): 3, 4 AND 5
SUBJECT: AWARD THE CONTRACT TO DOUG MARTIN CONTRACTING COMPANY, INC. FOR CITYWIDE SLURRY SEAL FISCAL YEAR (FY) 2022-2023, PLAN NO. 1373 IN AN AMOUNT NOT TO EXCEED $185,185.78 (STRATEGIC PLAN ITEM 46-IMCLF)

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 the Contract to Doug Martin Contracting Company, Inc. for Citywide Slurry Seal FY 2022- 2023, Plan No. 1373 in the amount of $168,350.71, with a 10% contingency in the amount of $16,835.07, for a total amount of $185,185.78;

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
The bid opening for “Citywide Slurry Seal FY2022-23, Plan No. 1373” was held on November 22, 2022.

Seven (7) prime contractors downloaded bid packages and four (4) of them submitted bid proposals. The four responsive bids range from $168,350.71 to $250,375.00. Doug Martin Contracting Company, Inc. (Doug Martin) has been identified as the successful bidder with a bid amount of $168,350.71.

Staff recommends awarding Doug Martin the contract for Citywide Slurry Seal FY 2022-2023, Plan No. 1373 in the amount of $168,350.71, with a 10% contingency of $16,835.07, for a total potential amount of $185,185.78, and authorize staff to execute the agreement and any necessary change orders not exceeding the contingency.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The adopted Fiscal Year (FY) 2021/23 Two-Year Budget Capital Improvement Program included $250,000 of funding for Citywide slurry seal in both the FY2021-22 and FY2022-23 in the Road Maintenance Rehabilitation (RMRA) Fund, Capital Improvement Account 256-9999-70000..

The FY2021-22 project was completed with a total cost of $174,847.11, and the remaining $75,152.89 was carried forward to the FY2022/23 budget, providing a total available budget of $325,152.89 for the FY2022-23 Citywide Slurry Seal Project in RMRA Fund, Capital Improvement Account 256-9999-70000.

DISCUSSION
Slurry seals are effective in areas of excessive oxidation and hardening of the existing asphalt and used for sealing minor surface cracks and voids, retarding surface raveling, delineating different pavement surface areas, and, with proper aggregate, improving surface friction characteristics.

Item #16. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1796
Staff Report Page 2 of 4
Staff used a similar approach as FY2021-22 to identify a project location for FY2022-23, and focused on local/residential streets and alleys rather than primary arterial and collector/secondary arterial streets due to the reduced lifespan and increased costs of slurry treatments on high traffic corridors.

Typical
PCI Per
PMP
Treatment Type
Typical
Cost
(Per PMP)
60-85 Type II Slurry Seal (Local) $0.40/ft2
60-85 Type II Slurry Seal (Arterial) $0.55/ft2
60-85 Cape Seal (Asphalt-Rubber Aggregate Membrane (ARAM) + Type II Microsurface) $1.15/ft2
20-74 AC Grind & Overlay $3.00/ft2
20-74 Asphalt Rubber Hot Mix (ARHM) $5.50/ft2
0-20 AC Reconstruction $10.50/ft2
0-20 Portland Cement Concrete Reconstruction $15.00/ft2 Based upon an analysis of Pavement Management Plan (PMP) Pavement Condition Index (PCI) data and site visits by staff to verify field conditions and site suitability for slurry, staff identified the residential street segments shown below.

Item #16. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1797
Staff Report Page 3 of 4
In addition to residential streets, staff also identified a need for asphalt repair around certain Water Division facilities located at Hook Canyon Reservoir, Eagle Ridge Hydro Tank, the Water Yard Lower Parking Area, and the San Gabriel Water Reservoir Site in Azusa. Since these locations are not in the public right-of-way, their slurry seal will be funded by Water Production Fund, Pump, Well and Reservoir Repair Account 531-6571-56320.

The table below lists all locations and 2020 Pavement Condition Index (PCI) for locations that were evaluated in the most recent Pavement Management Plan (PMP) where applicable. The Water Division sites were not evaluated as part of the PMP due to not being part of the public right-of-way (ROW).

Street Segment 2020 PCI
Becklee Rd., East Kregmont Dr. to end of Becklee Rd., East 71 Buckboard Ln., East Crestview Dr to end of Buckboard Ln., East 68 Burnaby Ave. Baxter Dr. to Comstock Ave. 69
Calabria Dr., East West end to east end 74
Carroll Ave., East Elwood Ave. to Cedarwood Ave. 68
Cedarwood Ave. Carroll Ave. to Foothill Blvd. 66
Comstock Ave. Loraine Ave. to Treanor Ave. 67
Crestview Dr. North of Leadora Ave. to 305’ North of Buckboard Ln 62 Entrada Wy. Sierra Madre Ave. to Huerta Verde Rd. 72
Huerta Verde Rd. Live Oak Ave. to 280’ East of Live Oak Ave 68 Huerta Verde Rd. 280’ East of Live Oak Ave to end of Huerte Verde Rd. 70 Laurel Ave., East Crestview Dr. to end of Laurel Ave., East 64 Orangecrest Ave. Live Oak Ave. to end of Orangecrest Ave. 83 Pflueger Ave. Foothill Blvd. to end of Pflueger Ave. 69 Ranch Ln., North Leadora Ave. to Crestview Dr. 67
Underhill Dr. Cypress Ave. to Elmgrove Dr. 68
Underhill Dr. Bennett Ave. to Cypress Ave. 67
Verano Dr., North Prima Vera Rd. to Calabria Dr. 67
Virginia Ave. East of Crestview Dr. to End 61
Worthy Dr., North Loraine Ave. to end of Worthy Dr., N. 70 Hook Canyon Reservoir Site 701 West Sierra Madre Ave N/A Eagle Ridge Hydro Tank Area 1534 Eagle Ridge N/A
Water Yard Lower Parking
Areas 1051 East Sierra Madre N/A
San Gabriel Site 625 Hidden Valley Dr (Azusa) N/A
The notice inviting bids on QuestCDN was published in the San Gabriel Valley Examiner on November 10 and 17, 2022, and bids were received on December 1, 2022. Seven (7) prime contractors purchased bid packages and four (4) of them submitted bid proposals. The four responsive bids range from $168,350.71 to $250,375.00. Doug Martin Contracting Company, Inc. (Doug Martin) was the successful bidder with a low bid amount of $168,350.71.

Bid Summary
Contractor Name Bid Amount
Doug Martin Contracting Company, Inc. $168,350.71
American Asphalt South, Inc. $190,067.00
Pavement Coating Co. $196,500.00
All American Asphalt, Inc. $250,375.00

FISCAL IMPACT
The total fiscal impact of construction is expected to be $168,350.71. Due to the project’s nature, staff respectfully requests that a 10% ($16,835.07) contingency be added to the construction contract if unforeseen conditions arise during construction, giving a total potential construction cost of $185,185.78.

Item #16. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1798
Staff Report Page 4 of 4
With environmental fees, the total project potential project cost is $185,260.78.

Funding for the public ROW areas and environmental fees will be provided by the RMRA Fund, Capital Improvement Account 256-9999-70000. With $75,152.89 carried forward to the FY2022-23 budget, the total available budget for the FY2022-23 Citywide Slurry Seal Project in RMRA Fund, Capital Improvement Account 256-9999-70000. is $325,152.89.

Funding for the Water Division sites will be provided by the Water Production Fund, Pump, Well and Reservoir Repair Account 531-6571-56320.

Public Works is in the process of reviewing locations in anticipation of conducting another bid process for slurry seal work that can be accommodated by the remaining FY2022-23 RMRA slurry seal funds.

Account Available
Budget
Proposed
Expenditures
FY2022-23 RMRA Fund, Capital Improvement Account
256-9999-70000-23656202 w/FY2021/22 Carryover $325,152.89 RMRA Construction $147,693.01
RMRA Contingency $14,769.30
Environmental $75.00
Water Production Fund, Pump, Well and Reservoir Repair Account 531-6571-56320 $229,220.00
Water Construction $20,657.70
Water Contingency $2,065.77
RMRA Subtotal $162,537.31
Water Subtotal $22,723.47
Construction + Contingency Total $185,185.78
Project Total $185,260.78
Remaining RMRA Slurry Seal Project Balance $139,892.11

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

Prepared By James Lo, Civil Engineering Assistant
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Notice of Exemption 1373
B. Plan Holder List 1373
C. Bid Summary 1373
D. Bid Proposal 1373
E. Contract Agreement 1373
F. Presentation
Item #16. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1799
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: Citywide Slurry Seal FY2022-23, Plan No. 1373.

Project Location: Comstock Ave from Loraine Ave to Treanor Ave, Worthy Dr from Loraine Ave to North End, Pflueger Ave from Foothill Blvd to North End, Burnaby Ave from Baxter Dr to Comstock Ave, Underhill Dr from Cypress Ave to Elmgrove Dr, Underhill Dr from Bennett Ave to Cypress Ave, Cedarwood Ave from Carroll Ave to Foothill Blvd, Carroll Ave from Elwood Ave to Cedarwood Ave, Huerta Verde Rd from Live Oak Ave to 280’ East of Live Oak Ave, Becklee Rd from Kregmont Dr to East End, Huerta Verde Rd from 280’ East of Live Oak Ave to 190’ East of Entrada Way, Entrada Way from Sierra Madre Ave to Huerta Verde Rd, Buckload Ln from Crestview Dr to North End, Ranch Ln from Leadora Ave to Crestview Dr, Calabria Dr from West End to East End, Verano Dr from Prima Vera Rd to Calabria Dr, Orangecrest Rd from West End to Live Oak Ave, Laurel Ave from Crestview Dr to East End, Virginia Ave from Crestview Dr to East End, Crestview Dr from Leadora Ave to 305’ North of Buckboard Ln, 701 W Sierra Madre Ave, 1534 Eagle Ridge, 1051 E Sierra Madre Ave and 625 Hidden Valley Dr.

Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Density Residential Zoning Designation: E-6 Single Family Estate, E-7 Single Family Estate, RHR Rural Hillside Residential
Project Description: The project involves placing slurry seal on asphalt pavement on various existing public streets.

Surrounding Land Uses and Setting: Surrounding land uses include hillside low density residential, civic/institutional, utility and flood control The Community Development Director recommends the following exempt status / findings:

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

Item #16. Page 5
Meeting Date: 1/24/2023 / Packet Page #: 1800
Reasons why project is exempt: The project places a thin slurry seal coating on the asphalt pavement of various existing public streets.

Date:

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

City of Glendora City Council on January 24, 2023
Date:

James Lo, Civil Engineer Assistant (626) 852-5258

PROJECT LOCATION MAP
Item #16. Page 6
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rvp7/3/97
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CITYWIDE SLURRY SEAL PROJECT FY2022-23,
PLAN NO. 1373
BID OPENING: November 22, 2022
SUMMARY OF BIDs

CONTRACTOR NAME BID AMOUNT

1. Doug Martin Contracting Company, Inc. $ 168,350.71

2. American Asphalt South, Inc. $ 190,067.00

3. Pavement Coating Co. $ 196,500.00

4. All American Asphalt, Inc. $ 250,375.00
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Meeting Date: 1/24/2023 / Packet Page #: 1814

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
DOUG MARTIN CONTRACTING COMPANY INC.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 20
Meeting Date: 1/24/2023 / Packet Page #: 1815
CITYWIDE SLURRY SEAL FY 2022-23, Plan No 1373 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF GLENDORA AND
DOUG MARTIN CONTRACTING COMPANY 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 Doug Martin Contracting Company Inc., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 21
Meeting Date: 1/24/2023 / Packet Page #: 1816
CITYWIDE SLURRY SEAL FY 2022-23, Plan No 1373 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 Citywide Slurry Seal FY 2022-23, Plan No. 1373, 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. (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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 22
Meeting Date: 1/24/2023 / Packet Page #: 1817
CITYWIDE SLURRY SEAL FY 2022-23, Plan No 1373 3
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 _______________
Doug Martin
President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 23
Meeting Date: 1/24/2023 / Packet Page #: 1818
CITYWIDE SLURRY SEAL FY 2022-23, Plan No 1373 4

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.7 Protection and Care of Work and Materials.

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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 and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

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

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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 shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

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(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 $168,350.71 (One Hundred Sixty-Eight Thousand Three Hundred Fifty Dollars and Seventy-One Cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 27
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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.

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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 28
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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 (Exhibit “D”).

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:

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

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

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

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 29
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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 Civil Engineering Assistant, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the 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.

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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”.

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.

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(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.
(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.

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(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 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.

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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, 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.

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5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

5.7 Substitution of Securities.

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

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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

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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 36
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for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

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

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by 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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 37
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instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

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

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

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by 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.

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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 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 (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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 39
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effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

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.

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8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

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.

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hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

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 DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 42
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employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials ___________________
Doug Martin
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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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:

Doug Martin Contracting Company Inc.

Name: Doug Martin
Title: President
Email: [email protected]
Name: Dixie Martin
Title: Secretary
Email: [email protected]
Address: 220 E. Foundation Ave
La Habra, CA 90631
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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EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Citywide Slurry Seal Project FY 2022-23, Plan No. 1373, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project entails surfacing Type II Slurry Seal with 2.5% Latex, crack sealing, traffic striping and markings and implementing traffic control on Residential Roadways and Reservoir Area.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor shall facilitate a bi-weekly meeting (every 2 weeks) to deliver and discuss the following items:

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 work 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.

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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 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following sentence to Section 2.4 - Invoices:
“In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.” II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following sentence to Section 3.1 – Time of Essence:
“Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.”
III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
City waives the requirement of Section 5.1 (c) - Professional liability (errors & omissions) insurance.

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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 Quantity Unit Price Extension
1 Temporary Traffic and Pedestrian Control LS 1 $5,200.00 $5,200.00 2 Type II Emulsion Aggregate Slurry Seal
(2.5% Latex) ELT 425 $295.11 $125,421.75
3 Install Thermoplastic 4” Stop bars, Legends,
and Blue Reflective Markers LS 1 $10,628.96 $10,628.96
4 Crack Seal All Cracks .25-inch wide of greater
and herbicide LS 1 $27,100 $27,100
Not to Exceed Total $168,350.71
 Quantity may be changed or item may be deleted
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

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

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 47
Meeting Date: 1/24/2023 / Packet Page #: 1842
01240.0001/535311.1 C-2
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 48
Meeting Date: 1/24/2023 / Packet Page #: 1843
01240.0001/535311.1 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 30 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.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 49
Meeting Date: 1/24/2023 / Packet Page #: 1844
01240.0001/535311.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Doug Martin Contracting Company Inc., a California Corporation, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Citywide Slurry Seal Project FY 2022-23, Plan No. 1373;
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 $168,350.71 (One Hundred Sixty-Eight Thousand Three Hundred Fifty Dollars and Seventy-One Cents), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 50
Meeting Date: 1/24/2023 / Packet Page #: 1845
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.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 51
Meeting Date: 1/24/2023 / Packet Page #: 1846
01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Doug Martin Contracting Company Inc., a California Corporation, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Citywide Slurry Seal Project FY 2022-23, Plan No.1373; 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 $168,350.71 (One Hundred Sixty-Eight Thousand Three Hundred Fifty Dollars and Seventy-One Cents), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 52
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01240.0001/535311.1
of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on , 20____.

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

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.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 53
Meeting Date: 1/24/2023 / Packet Page #: 1848
01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Citywide Slurry Seal FY 2022-23, Plan No. 1373 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)
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 54
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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.

DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 55
Meeting Date: 1/24/2023 / Packet Page #: 1850
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 56
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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.

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: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 57
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 58
Meeting Date: 1/24/2023 / Packet Page #: 1853
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: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 59
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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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 60
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 61
Meeting Date: 1/24/2023 / Packet Page #: 1856
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

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

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ 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: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 63
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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)
DocuSign Envelope ID: 877B2AEC-E706-4BDE-9356-88E96C7B99FE Item #16. Page 64
Meeting Date: 1/24/2023 / Packet Page #: 1859

AWARD THE CONTRACT TO DOUG MARTIN
CONTRACTING COMPANY, INC. FOR CITYWIDE
SLURRY SEAL FISCAL YEAR (FY) 2022-2023,
(STRATEGIC PLAN ITEM 46-IMCLF)
Public Works, Engineering
City Council
Item #
January 24, 2023
Michael Sledd, Assistant Public Works Director CityOfGlendora.org Item #16. Page 65
Meeting Date: 1/24/2023 / Packet Page #: 1860
2 LOCATIONS
Street Segment 2020 PCI
Evaluation
Becklee Rd., East Kregmont Dr. to end of Becklee Rd., East 71 Buckboard Ln., East Crestview Dr to end of Buckboard Ln., East 68 Burnaby Ave. Baxter Dr. to Comstock Ave. 69
Calabria Dr., East West end to east end 74
Carroll Ave., East Elwood Ave. to Cedarwood Ave. 68
Cedarwood Ave. Carroll Ave. to Foothill Blvd. 66
Comstock Ave. Loraine Ave. to Treanor Ave. 67
Crestview Dr. North of Leadora Ave. to 305’ North of Buckboard Ln 62 Entrada Wy. Sierra Madre Ave. to Huerta Verde Rd. 72
Huerta Verde Rd. Live Oak Ave. to 280’ East of Live Oak Ave 68 Huerta Verde Rd. 280’ East of Live Oak Ave to end of Huerte Verde Rd. 70 Laurel Ave., East Crestview Dr. to end of Laurel Ave., East 64 Orangecrest Ave. Live Oak Ave. to end of Orangecrest Ave. 83 Pflueger Ave. Foothill Blvd. to end of Pflueger Ave. 69 Ranch Ln., North Leadora Ave. to Crestview Dr. 67
Underhill Dr. Cypress Ave. to Elmgrove Dr. 68
Underhill Dr. Bennett Ave. to Cypress Ave. 67
Verano Dr., North Prima Vera Rd. to Calabria Dr. 67
Virginia Ave. East of Crestview Dr. to End 61
Worthy Dr., North Loraine Ave. to end of Worthy Dr., N. 70 Hook Canyon Reservoir Site 701 West Sierra Madre Ave N/A Eagle Ridge Hydro Tank Area 1534 Eagle Ridge N/A
Water Yard Lower Parking
Areas 1051 East Sierra Madre N/A
San Gabriel Site 625 Hidden Valley Dr (Azusa) N/A
Item #16. Page 66
Meeting Date: 1/24/2023 / Packet Page #: 1861
3 RECOMMENDATIONS

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

2. Award the Contract to Doug Martin Contracting Company, Inc. for Citywide Slurry Seal FY 2022-2023, Plan No. 1373 in the amount of $168,350.71, with a 10% contingency in the amount of $16,835.07, for a total amount of $185,185.78;

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

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

That the City Council:

Item #16. Page 67
Meeting Date: 1/24/2023 / Packet Page #: 1862

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 24, 2023
FROM: PUBLIC WORKS DISTRICT(S): 3
SUBJECT: AWARD THE CONTRACT FOR MAUNA LOA AVENUE, EAST OF GLENDORA AVENUE WATER AND STREET IMPROVEMENTS, PLAN NO. 1346 & 1347, TO STEPHEN DORECK EQUIPMENT RENTALS, INC. IN THE AMOUNT OF $2,649,395 (STRATEGIC PLAN ITEM 46 - 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. Approve the Plans and Specifications, including Addenda for Mauna Loa Avenue, East Of Glendora Avenue Water And Street Improvements, Plan No. 1346 & 1347 in District 3;

3. Award the contract for Mauna Loa Avenue, East of Glendora Avenue Water and Street Improvements, Plan No. 1346 & 1347, to Stephen Doreck Equipment Rentals, Inc. in the amount of $2,649,395;

4. Authorize the City Manager or his designee to execute the agreement with Stephen Doreck Equipment Rentals, Inc., including making minimal and/or non-substantive changes;

5. Authorize the Administrative Services Director to appropriate $500,000 from Water CIP Fund 530;

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

7. Accept irrevocable offers of the easement dedication grant to the City for public utility purposes at 101 E. Duell Street and 101 E. Linfield Street, Glendora.

EXECUTIVE SUMMARY
The bid opening for Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347, was held on December 08, 2022. Twenty-six plan holders downloaded bid packages, and three of them submitted bid proposals. All bids were responsive to the contract requirements ranging from $2,649,395 to $2,929,750 (Attachment B & D). Stephen Doreck Equipment Rentals, Inc. (Stephen Doreck) has been identified as the successful bidder with a bid amount of $2,649,395 (Attachment E).

Staff recommends that City Council approve the award to Stephen Doreck of the contract for the improvements, along with the associated necessary actions.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On January 25, 2022, the City Council approved awarding the professional services contract to Mulholland Consulting, Inc. to design the water and street improvements plans in the amount of $85,291, and increasing the budget for the project to $4,165,000 from Water Capital Improvement Fund 530 and Measure M Fund 255.

Item #17. Page 1
Meeting Date: 1/24/2023 / Packet Page #: 1863
Staff Report Page 2 of 5

DISCUSSION
Final signed plans were received on November 8, 2022, and construction bidding was released on QuestCDN and published on November 10 and 17, 2022, and bid opening was held on December 8, 2022. Twenty-six (26) prime contractors downloaded bid packages and three (3) submitted bid proposals.

All bidders were found to be qualified and their proposals deemed responsive. Stephen Doreck Equipment Rentals, Inc. submitted the lowest bid of $2,649,395.

This project consists of installing 6,200 linear feet of new 8-inch ductile iron water mainline, and 184,000ft2 of street improvements. Current water mains in the area are 6-inch diameter double-dipped and wrapped steel, which were installed in 1955. Leak incidents in this area require frequent repairs and have interrupted water supply to the neighborhood multiple times since 2016. This project will help to eliminate those leaks and significantly reduce future maintenance and repair time and costs.

Project Location
Related street improvements include pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, American with Disabilities Act (ADA) compliant curb ramp installation, traffic signal loop replacement, signing, and striping. These improvements will both elevate the appearance of the area and reduce maintenance and repair time and costs.

The table below shows the Pavement Condition Index (PCI) rating for the sections of street being resurfaced, as assessed in 2020 for the Pavement Management Plan (PMP). PCI ratings for these sections will be restored to 100 with this project. While the work will incrementally raise the City’s overall PCI, average PCI is weighted by area, so impacts to City-wide PCI of any single project are generally limited unless total renovations of large areas of highly deteriorated pavement are involved, such as a major thoroughfare in poor condition.

Item #17. Page 2
Meeting Date: 1/24/2023 / Packet Page #: 1864
Staff Report Page 3 of 5
Street From/To 2020 PMP PCI
Mauna Loa Avenue Glendora Avenue to Pasadena Avenue 79
Mauna Loa Avenue Pasadena Avenue to Big Dalton Wash 48
Linfield Street W. end cul-de-sac to Minnesota Avenue 65 Linfield Street Minnesota Avenue to Mauna Loa Avenue 56 Duell Street W. end cul-de-sac to E. end cul-de-sac 66
Minnesota Avenue Mauna Loa Avenue to Duell Street 72
The new waterlines will run through the front yards of properties at 101 E. Duell Street (APN: 8644-005- 061) and 101 E. Linfield Street (APN: 8644-005-039). Due to this, easements are required for the waterline installation. The property owners have agreed to grant 10-ft easements to the City for the new waterline installation and future maintenance, and staff respectfully requests that the City Council accept the easement dedications from the property owners for public utility purposes. 101 E. Duell Street Approximate Easement Location
101 E. Linfield Street Approximate Easement Location
Item #17. Page 3
Meeting Date: 1/24/2023 / Packet Page #: 1865
Staff Report Page 4 of 5

FISCAL IMPACT
Due to the nature of this project, staff respectfully requests that a 10% ($264,939.50) contingency be included in the event that unforeseen conditions arise during construction, bringing the total potential construction cost of the project to $2,914,334.50.

Construction is not anticipated to begin until July 2023 at the earliest due to supply chain issues and material delivery times. Once construction begins, it is anticipated to last approximately 100 working days.

Once a hard timeline for construction is established, there will be future awards for material testing services and construction management and inspection services. Estimated costs for these items will be approximately $17,000 for material testing services, and $165,000 for construction management and inspection services.

The total project budget of $4,165,000 is currently distributed from FY2023 through FY2023/24. Staff requests a budget appropriation to move the programmed funding from FY2023/24 to FY2022/23. This will help ensure that materials are ordered as soon as possible to mitigate further potential supply chain delays.

Items Budget
FY23
Programmed
FY24
Total
Budget
Measure M Fund 255 $472,047.00
Water CIP Fund 530 $2,337,953.00
Measure M Fund 255 $227,623.00
Water CIP Fund 530-
(request to be moved to FY2022/23) $500,000.00 $627,377.00 Total Adopted Budget $3,310,000.00 $855,000.00 $4,165,000.00 Items Expenditures
Design – Completed $93,821.00
Water Meter and Boxes – Completed $26,684.77
Publication – Completed $407.00
Environmental $75.00
Construction Cost –
Stephen Doreck Equipment Rental, Inc.
$2,649,395.00
Requested Construction Contingency – 10% $264,939.50
Material Testing –
(estimated/to be awarded)
$17,000.00
Construction inspection –
(estimated/to be awarded)
$165,000.00
Total Project Estimated Expenditures $3,217,322.27
Total Remaining Budget $947,677.73

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15301(c). The Notice of Categorical Exemption is attached for City Council as Attachment A.

Prepared By Dinh Anh Mai, Associate Civil Engineer
Concurs With Not Applicable, Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Kyle Johnson, Assistant Director - Finance Approved By Adam Raymond, City Manager
Item #17. Page 4
Meeting Date: 1/24/2023 / Packet Page #: 1866
Staff Report Page 5 of 5
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Exemption 1346 & 1347
B. Bid Summary 1346 & 1347
C. Plan Holder List 1346 & 1347
D. Bid Extensions 1346 & 1347
E. Bid Proposal 1346 & 1347
F. Contract Agreement 1346 & 1347
G. Signed Plans and Specs 1346 & 1347
H. Resolution – 101 E Duell St
I. Exhibit A – Easement deed- 101 E Duell St
J. Certificate of Acceptance – 101 E Duell St
K. Resolution – 101 E Linfield St
L. Exhibit A– Easement Deed - 101 E Linfield St
M. Certificate of Acceptance – 101 E Linfield St
N. Presentation 1346 and 1347
Item #17. Page 5
Meeting Date: 1/24/2023 / Packet Page #: 1867
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: Mauna Loa, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347.

Project Location: Mauna Loa – East of Glendora
Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Medium Density Residential, Open Space.

Zoning Designation: R1 and E-7
Project Description: This project consists of installing 6,200 lineal feet of new 8-inch water main and 184,000 square feet of street improvements. Street improvements include pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, ADA compliant curb ramps, traffic signal loop replacement, signing, and striping. These projects will provide a more reliable water system and new smooth street to the residents, reducing maintenance costs and elevating the appearance of the area. Refer Attachment C for plans and specifications.

Surrounding Land Uses and Setting: Surrounding land uses include various residential 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 and water infrastructures.

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 24, 2023
Date:

Item #17. Page 6
Meeting Date: 1/24/2023 / Packet Page #: 1868
Michael Mai, Associate Civil Engineer (626) 914-8257

PROJECT LOCATION MAP
Item #17. Page 7
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MAUNA LOA AVE, EAST OF GLENDORA AVE WATER AND STREET
IMPROVEMENTS- PLAN NO. 1346 & 1347
BID OPENING: DECEMBER 08, 2022

SUMMARY OF BIDS

CONTRACTORS BID AMOUNT

1. Stephen Doreck Equipment Rentals, Inc. $2,649,395.00

2. Dominguez General Engineering, inc. $2,920,200.00

3. Big Ben Engineering $2,929,750.00
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Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension $2,649,395.00 $2,920,200.00 $2,929,750.00
1 Mobilization and Demobilization LS 1 $123,000.00 $123,000.00 $50,000.00 $50,000.00 $110,000.00 $110,000.00 2 Traffic Control LS 1 $71,000.00 $71,000.00 $30,000.00 $30,000.00 $10,000.00 $10,000.00 3 Clearing, Grubbing, and Miscellaneous
Removals. LS 1 $5,000.00 $5,000.00 $40,000.00 $40,000.00 $10,000.00 $10,000.00 4 Potholing LS 1 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 5 Re-establish Survey Monuments Including
Tie-out
EA 4 $1,500.00 $6,000.00 $3,000.00 $12,000.00 $450.00 $1,800.00 6 Construction Staking LS 1 $18,500.00 $18,500.00 $40,000.00 $40,000.00 $10,000.00 $10,000.00 7 Abandon Existing Water Valve EA 22 $350.00 $7,700.00 $500.00 $11,000.00 $300.00 $6,600.00 8 Remove and Salvage Existing Fire Hydrant
Assembly. EA 9 $750.00 $6,750.00 $2,000.00 $18,000.00 $750.00 $6,750.00 9 Construct 18" Hot Tap with 8" Gate Valve. EA 3 $13,000.00 $39,000.00 $20,000.00 $60,000.00 $20,000.00 $60,000.00 10 Construct Fire Hydrant Assembly. EA 9 $14,100.00 $126,900.00 $17,000.00 $153,000.00 $16,000.00 $144,000.00 11 Construct 8" Gate Valve. EA 17 $2,250.00 $38,250.00 $3,000.00 $51,000.00 $3,100.00 $52,700.00 12 Construct 8" DCML DI Pipe LF 6400 $154.00 $985,600.00 $160.00 $1,024,000.00 $168.00 $1,075,200.00 13 Install 1" Service with New Meter Box and
New 3/4" Water Meter. EA 5 $1,650.00 $8,250.00 $3,500.00 $17,500.00 $4,000.00 $20,000.00 14 Install 1" Service with New Meter Box and
Connect to Existing 3/4? Water Meter. EA 129 $1,650.00 $212,850.00 $3,000.00 $387,000.00 $2,600.00 $335,400.00 15 Install 6" Blind Flange. EA 3 $500.00 $1,500.00 $2,000.00 $6,000.00 $3,500.00 $10,500.00 16 Remove and Reconstruct Sidewalk. LF 2600 $12.00 $31,200.00 $20.00 $52,000.00 $25.00 $65,000.00 17 Cold Mill Roadway to Depth of 2.5" SF 194000 $0.35 $67,900.00 $0.40 $77,600.00 $0.40 $77,600.00 18 Construct 2.5" Thick ARHM Overlay TON 3000 $137.00 $411,000.00 $140.00 $420,000.00 $155.00 $465,000.00 19 Adjust Valve/Manhole/Utility Covers to
Finished Grade. EA 43 $1,315.00 $56,545.00 $700.00 $30,100.00 $1,000.00 $43,000.00 20 Construct Curb Ramp per Detail 10, Sheet C0.1.EA 1 $16,000.00 $16,000.00 $14,000.00 $14,000.00 $20,000.00 $20,000.00 21 Reconstruct Curb Ramp per SPPWC Std. Plan
No. 111-5, Case A, Type 6, Latest Ed. EA 12 $11,350.00 $136,200.00 $12,000.00 $144,000.00 $11,000.00 $132,000.00 22 Demolish and Reconstruct Cross-gutter and
Spandrel. SF 4600 $30.00 $138,000.00 $35.00 $161,000.00 $37.00 $170,200.00 23 Remove and Construct 6" Thick AC (B-PG-64-
10). TON 30 $550.00 $16,500.00 $500.00 $15,000.00 $350.00 $10,500.00 24 Reconstruct Curb and Gutter. LF 250 $205.00 $51,250.00 $140.00 $35,000.00 $100.00 $25,000.00 25 Remove and Reconstruct Traffic Signal
Loop/Detector in Kind LS 1 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $4,500.00 $4,500.00 26 Construct Curb Ramp per SPPWC Std. Plan
No. 111-5, Case A, Type 5, Latest Ed. EA 1 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $15,000.00 $15,000.00 27 Demolish and Grind Existing Tree Stump. LS 1 $5,500.00 $5,500.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 28 Reconstruct Curb Ramp per SPPWC Std. Plan
No. 111-5, Case C, Latest Ed. EA 1 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $13,000.00 $13,000.00 29 Thermoplastic and Painted Pavement
Striping, Markings, Legends, and Raised
Pavement Markers.

LS 1 $9,500.00 $9,500.00 $30,000.00 $30,000.00 $6,000.00 $6,000.00 30 Install and Salvage Street Signage. LS 1 $15,000.00 $15,000.00 $1,000.00 $1,000.00 $17,000.00 $17,000.00 $2,649,395.00 $2,920,200.00 $2,929,750.00
Stephen Doreck Equipment
Rentals, Inc. Dominguez General Engineering, inc. Big Ben Engineering MAUNA LOA, EAST OF GLENDORA WATER AND STREET IMPROVEMENTS, PLAN # 1346 & 1347 Item #17. Page 11
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PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
STEPHEN DORECK EQUIPMENT RENTALS, INC.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 23
Meeting Date: 1/24/2023 / Packet Page #: 1885
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
STEPHEN DORECK EQUIPMENT RENTALS, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of _______________ by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and STEPHEN DORECK EQUIPMENT RENTALS, INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 24
Meeting Date: 1/24/2023 / Packet Page #: 1886
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347, 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. (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 DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 25
Meeting Date: 1/24/2023 / Packet Page #: 1887
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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 _______________
Stephen L. Doreck
Vice President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 27
Meeting Date: 1/24/2023 / Packet Page #: 1889
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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 and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

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

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 28
Meeting Date: 1/24/2023 / Packet Page #: 1890
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

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 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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 29
Meeting Date: 1/24/2023 / Packet Page #: 1891
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

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 $2,649,395.00 (Two Million Six Hundred Forty-Nine Thousand Three Hundred Ninety-Five 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 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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 30
Meeting Date: 1/24/2023 / Packet Page #: 1892
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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.

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 31
Meeting Date: 1/24/2023 / Packet Page #: 1893
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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:

Stephen L. Doreck, Vice President
Pablo Viramontes, Secretary/ Treasurer
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, DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 32
Meeting Date: 1/24/2023 / Packet Page #: 1894
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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 the Associate Civil Engineer, 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.

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 33
Meeting Date: 1/24/2023 / Packet Page #: 1895
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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”.

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 34
Meeting Date: 1/24/2023 / Packet Page #: 1896
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 (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.
(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 DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 35
Meeting Date: 1/24/2023 / Packet Page #: 1897
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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.

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, DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 36
Meeting Date: 1/24/2023 / Packet Page #: 1898
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

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

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 37
Meeting Date: 1/24/2023 / Packet Page #: 1899
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

5.7 Substitution of Securities.

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

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
DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 38
Meeting Date: 1/24/2023 / Packet Page #: 1900
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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

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 DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 39
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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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Meeting Date: 1/24/2023 / Packet Page #: 1902
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

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

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a 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.

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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

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

7.8 Termination Prior to Expiration of Term.

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

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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 43
Meeting Date: 1/24/2023 / Packet Page #: 1905
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Contractor’s Authorized Initials ___________________
Stephen L. Doreck
Vice President
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Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347

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]
DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 46
Meeting Date: 1/24/2023 / Packet Page #: 1908
Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347 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:

STEPHEN DORECK EQUIPMENT RENTALS,
INC.

Name: Stephen L. Doreck
Title: Vice President
Email Address: [email protected]
Name: Pablo Viramontes
Title: Vice President/Secretary/Treasurer
Email Address: [email protected]
Address: 9095 Telegraph Road
Pico Rivera, CA 90660
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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Jan 18, 2023 | 2:58 PM PST
Item #17. Page 47
Meeting Date: 1/24/2023 / Packet Page #: 1909
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 Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project consists of installing 6,200 lineal feet of new 8-inch water main and 184,000 square feet of street improvements. Street improvements include pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, ADA compliant curb ramps, traffic signal loop replacement, signing, and striping. These projects will provide a more reliable water system and new smooth street to the residents, reducing maintenance costs and elevating the appearance of the area. Refer Attachment C for plans and specifications. Total working days for this project is 100 days.

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.

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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 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following sentence to Section 2.4 - Invoices:
“In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.” II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following sentence to Section 3.1 – Time of Essence:
“Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.”
III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
City hereby waives the requirements of Section 5.1(c) - Professional liability (errors & omissions) insurance.

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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:

Item Description Quantity Unit Unit Price Total Price
1 Mobilization and Demobilization 1 LS $123,000.00 $123,000.00 2 Traffic Control 1 LS $71,000.00 $71,000.00
3 Clearing, Grubbing, and Miscellaneous
Removals.
1 LS $5,000.00 $5,000.00
4 Potholing 1 LS $15,000.00 $15,000.00
5 Re-establish Survey Monuments Including
Tie-out.
4 EA $1,500.00 $6,000.00
6 Construction Staking 1 LS $18,500.00 $18,500.00
7 Abandon Existing Water Valve 22 EA $350.00 $7,700.00
8 Remove and Salvage Existing Fire Hydrant
Assembly.
9 EA $750.00 $6,750.00
9 Construct 18" Hot Tap with 8" Gate Valve. 3 EA $13,000.00 $39,000.00 10 Construct Fire Hydrant Assembly. 9 EA $14,100.00 $126,900.00 11 Construct 8” Gate Valve. 17 EA $2,250.00 $38,250.00
12 Construct 8” DCML DI Pipe 6,400 LF $154.00 $985,600.00 13 Install 1” Service with New Meter Box and
New 3/4” Water Meter.
5 EA $1,650.00 $8,250.00
14 Install 1” Service with New Meter Box and
Connect to Existing 3/4” Water Meter.
129 EA $1,650.00 $212,850.00
15 Install 6” Blind Flange. 3 EA $500.00 $1,500.00
16 Remove and Reconstruct Sidewalk. 2,600 LF $12.00 $31,200.00 17 Cold Mill Roadway to Depth of 2.5” 194,000 SF $0.35 $67,900.00 18 Construct 2.5” Thick ARHM Overlay 2,400 TON $137.00 $411,000.00 19 Adjust Valve/Manhole/Utility Covers to
Finished Grade.
43 EA $1,315.00 $56,545.00
20 Construct Curb Ramp per Detail 10, Sheet
C-0.1.
1 EA $16,000.00 $16,000.00
21 Reconstruct Curb Ramp per SPPWC Std.

Plan No. 111-5, Case A, Type 6, Latest Ed.
12 EA $11,350.00 $136,200.00
DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 50
Meeting Date: 1/24/2023 / Packet Page #: 1912
01240.0001/535311.1 C-2
Item Description Quantity Unit Unit Price Total Price
22 Demolish and Reconstruct Cross-gutter and
Spandrel.
4,600 SF $30.00 $138,000.00
23 Remove and Construct 6" Thick AC (B-PG64-10).45 TON $550.00 $16,500.00 24 Reconstruct Curb and Gutter. 250 LF $205.00 $51,250.00 25 Remove and Reconstruct Traffic Signal
Loop/Detector in Kind.
1 LS $5,500.00 $5,500.00
26 Construct Curb Ramp per SPPWC Std. Plan
No. 111-5, Case A, Type 5, Latest Ed.
1 EA $12,000.00 $12,000.00
27 Demolish and Grind Existing Tree Stump. 1 LS $5,500.00 $5,500.00 28 Reconstruct Curb Ramp per SPPWC Std.

Plan No. 111-5, Case C, Latest Ed.
1 EA $12,000.00 $12,000.00
29 Thermoplastic and Painted Pavement
Striping, Markings, Legends, and Raised
Pavement Markers.
1 LS $9,500.00 $9,500.00
30 Install and Salvage Street Signage. 1 LS $15,000.00 $15,000.00  Quantity may be changed, or item may be deleted
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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 51
Meeting Date: 1/24/2023 / Packet Page #: 1913
01240.0001/535311.1 C-3
V. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 52
Meeting Date: 1/24/2023 / Packet Page #: 1914
01240.0001/535311.1 D-1
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 100 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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 53
Meeting Date: 1/24/2023 / Packet Page #: 1915
01240.0001/535311.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to STEPHEN DORECK EQUIPMENT RENTALS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347;
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 $2,649,395.00 (Two Million Six Hundred Forty-Nine Thousand Three Hundred Ninety-Five Dollars), 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) DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 54
Meeting Date: 1/24/2023 / Packet Page #: 1916
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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 55
Meeting Date: 1/24/2023 / Packet Page #: 1917
01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to STEPHEN DORECK EQUIPMENT RENTALS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Mauna Loa Ave, East of Glendora Ave Water and Street Improvements, Plan No. 1346 & 1347;
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 $2,649,395.00 (Two Million Six Hundred Forty-Nine Thousand Three Hundred Ninety-Five Dollars), 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 DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 56
Meeting Date: 1/24/2023 / Packet Page #: 1918
01240.0001/535311.1
of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on , 20____.

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

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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 57
Meeting Date: 1/24/2023 / Packet Page #: 1919
01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Mauna Loa Ave, East of Glendora Ave Water and
Street Improvements, Plan No. 1346 & 1347;
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)
DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 58
Meeting Date: 1/24/2023 / Packet Page #: 1920
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.

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 59
Meeting Date: 1/24/2023 / Packet Page #: 1921
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 60
Meeting Date: 1/24/2023 / Packet Page #: 1922
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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 61
Meeting Date: 1/24/2023 / Packet Page #: 1923
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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 62
Meeting Date: 1/24/2023 / Packet Page #: 1924
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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 63
Meeting Date: 1/24/2023 / Packet Page #: 1925
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:
□ 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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 64
Meeting Date: 1/24/2023 / Packet Page #: 1926
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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 65
Meeting Date: 1/24/2023 / Packet Page #: 1927
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date 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: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 66
Meeting Date: 1/24/2023 / Packet Page #: 1928
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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 67
Meeting Date: 1/24/2023 / Packet Page #: 1929
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)
DocuSign Envelope ID: F9989916-E132-4562-B7D3-5D039D8CA884 Item #17. Page 68
Meeting Date: 1/24/2023 / Packet Page #: 1930
Alison Sweet, P.E.

City Engineer Date Approved
Specifications for

MAUNA LOA AVE, EAST OF GLENDORA AVE

WATER AND STREET IMPROVEMENTS
PLAN NO. 1346 & 1347

FOR USE IN CONNECTION WITH THE

STANDARD SPECIFICATIONS FOR

PUBLIC WORKS CONSTRUCTION,

LATEST EDITION

BID OPENING
DATE &TIME: DECEMBER 08, 2022
10:00 AM
11/08/2022
Item #17. Page 69
Meeting Date: 1/24/2023 / Packet Page #: 1931

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

NPDES REQUIREMENTS IX

VICINITY MAP X

STANDARD DRAWINGS XI

RECYCLING FORMS XII
INDEX
Item #17. Page 70
Meeting Date: 1/24/2023 / Packet Page #: 1932
Revised 10/2022

NOTICE INVITING BIDS

SECTION I