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'()*+,-./.012(314'56789:8'7;<=>?;@=/A;8??B;C7B@<<><7/>B Item #12. Page 51 Meeting Date: 2/14/2023 / Packet Page #: 309
CITY OF GLENDORA SAFETY ELEMENT UPDATE,
ENVIRONMENTAL JUSTICE ELEMENT, AND LHMP
PROPOSAL FOR THE CITY OF GLENDORA
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
SUBMITTED ON:
September 30, 2022
SUBMITTED TO:
City of Glendora
116 E. Foothill Blvd.
Glendora, CA 91741-3380
626.914.8200
SUBMITTED BY:
De Novo Planning Group
Amanda Tropiano, Principal
180 E Main Street, Suite 108
Tustin, CA 92780
(714) 453-7711
[email protected]
Item #12. Page 52
Meeting Date: 2/14/2023 / Packet Page #: 310
TABLE OF CONTENTS
1. Letter of Transmittal 01
2. Executive Summary 02
3. Firm Details 04
4. Project Managment 05
5. Qualifications 06
6. References 12
7. Relevant Work Experience 14
8. Project Understanding 15
9. Scope of Work 16
10. Project Schedule 33
11. Staff Assistance 34
12. Communication Plan 35
13. Additional Information 36
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Item #12. Page 53
Meeting Date: 2/14/2023 / Packet Page #: 311
On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to update the City of Glendora's Safety Element and Local Hazard Mitigation Plan (LHMP), create the new Environmental Justice Element, and prepare the associated California Environmental Quality Act (CEQA) documentation. Together, these documents represent an opportunity for Glendora to plan for a safe and secure future for all residents. Our highly-experienced team is looking forward to addressing the topics of safety and environmental justice in Glendora while ensuring compliance with State and Federal legislation in a way that reflects the community’s values and priorities.
Based on our team’s extensive experience working with jurisdictions across California to prepare Safety Element Updates, Environmental Justice Elements, LHMPs, QEQA analyses, and other planning projects, paired with our local knowledge and familiarity with Glendora and the San Gabriel Valley, we are confident we can successfully achieve the project objectives and complete the project on-time and within-budget. We have a 100% track-record of Safety, EJ, and LHMP project approval and we encourage you to learn more about our commitment to our clients from our references.
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, design, and development services. Incorporated in 2008, Our project team is led by Principal Amanda Tropiano who will serve as the overall Project Manager and Principal Planners Perry Banner and Starla Barker, AICP, who will manage the individual work tasks.
The firm’s principal-level staff have successfully completed over 350 projects consisting of comprehensive general plans, specific plans, safety elements, housing elements, environmental justice elements, CEQA studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects throughout California. Over the past 15 years, Amanda Tropiano has managed successful planning projects in southern California with a focus in the Los Angeles, Orange County, Inland Empire, and San Diego regions. We continue to actively work throughout the San Gabriel Valley region, and we are currently nearing completion of the La Verne General Plan Update/EIR which includes addressing the topics of community safety and environmental justice.
Our in-house management team and technical staff are composed of strategic planners who value creative problem-solving and are ready and able to respond to whatever comes our way as we work with you on this project. We strongly believe that our principal-level attention, availability, responsiveness, and ingenuity will best assist the City throughout this effort.
Sincerely,
Amanda Tropiano Starla Barker, AICP
Principal Principal Planner
DE NOVO PLANNING GROUP | AMANDA TROPIANO, PRINCIPAL
180 E MAIN STREET, SUITE 108 | TUSTIN CA 92780
[email protected] | (714) 453-7711
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
September 30, 2022
City of Glendora
Map116 E. Foothill Blvd.
Glendora, CA 91741-3380
Subject: General Plan Safety Element, Environmental Justice Element, and Local Hazard Mitigation Plan Proposal
Item #12. Page 54
Meeting Date: 2/14/2023 / Packet Page #: 312
2 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
2. EXECUTIVE SUMMARY We understand that the City of Glendora is seeking a qualified land use and environmental planning consultant to assist the City with an update to its Safety Element and Local Hazard Mitigation Plan (LHMP) along with preparation of new goals and policies related to environmental justice (EJ), all in accordance with State and Federal standards.
The team must also be well-versed in General Plan Updates, hazard planning, public outreach and CEQA documentation, in order to tackle this project for the City of Glendora.
As part of the overall project, the City’s Safety Element will be updated to meet the requirements of Senate Bills 379, 99, 1035, and 1241. Specifically, SB 379 requires that upon the next revision of the General Plan (or local hazard mitigation plan), the Safety Element is to be updated as necessary to address climate adaptation and resilience strategies applicable to the City. Likewise, SB 99 requires the City to review and update the Safety Element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes.
By working with the City to update its LHMP concurrent with the Safety Element, De Novo will be able to think critically about local hazards, update the City's planning document consistent with all requirements, and better inform the update to its Safety Element. De Novo's hazard mitigation planning efforts produce streamlined plans that are compliant with FEMA requirements and guidance, as well as serve as a framework for successful integration with other City planning efforts that lead to implementation.
Furthermore, we understand that the City would like to prepare a dedicated Environmental Justice Element, De Novo Planning Group will assist the City with preparing goals, policies, and objectives to address environmental justice concerns in Glendora and the unique needs of the local community. The City's Environmental Justice Element will be based heavily on the values and priorities of the Glendora community, as uncovered through a meaningful and strategic public engagement program. Using CalEnviroScreen 4.0 for reference, the City of Glendora does not have any "disadvantaged communities" using the standard definitions, meaning that an EJ Element is not necessarily required by SB 1000. However, De Novo has prepared EJ Elements for other cities without DACs and has customized these Elements to fit the needs of the local community, while operating in the spirit of SB 1000.
Lastly, in order to support public review and adoption of the updated Safety Element, updated LHMP, and new Environmental Justice Element, our team will prepare the necessary CEQA documentation to accompany these policy plans; at this time, we expect that a Negative Declaration or Mitigated Negative Declaration will be the appropriate CEQA document, but we will continue to evaluate the City's options once a final Project Description is prepared.
PROJECT MANAGEMENT
All proposed work will be completed by De Novo Planning Group. The overall Project Manager will be Amanda Tropiano, Principa, who will serve as the City's main point of contact. Amanda is supported by task-level Project Managers Perry Banner, Principal Planner, who will lead the Safety and Environmental Justice work and Starla Barker, AICP, Principal Planner, who will lead preparation of the LHMP.
Amanda and Perry are experts in long-range planning with deep experinence in preparing focused General Plan Updates to address the topics of safety and environmental justice. Between the two of them, Amanda and Perry have recently prepared updated Safety and/or Environmental Justice Elements for the cities of San Marcos (2021), Temecula (2021), Rancho Santa Margarita (2022), Gardena (2022), Hawthorne (2022), and Lake Forest (2022) and are in the process of completing work for the cities of San Jacinto, La Verne, Anaheim, Lawndale, Bradbury, Indian Wells, and the County of Orange. The De Novo Planning Group team represents a full-service team of city planning and subject-matter experts capable of providing all services requested by the City of Glendora. We recognize and appreciate the tremendous commitment you are making to this project; the impacts to your time and financial resources are real and significant and it is our goal to work with you on an innovative program that results in an Item #12. Page 55
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3 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
implementation-oriented policy plans. As General Plan practitioners, we truly see ourselves as your community's "scribes". Every project that we undertake is specifically tailored to the community we are working in, from developing an appropriate project approach, listening to and learning from the community, implementing the work plan, and delivering the products. It is our job to guide you and the community through this complicated process while being mindful of local issues, opportunities, and preferences.
Starla is a dedicated and experienced community, hazard mitigation, and environmental planner with over 20 years of expertise serving clients in California. She leads Hazard Mitigation Plan projects as well as comprehensive planning and environmental analyses pursuant to CEQA. Ms. Barker previously managed the City of Rancho Santa Margarita's LHMP, Orange County Regional Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan Update, and the Multi-Jurisdictional Hazard Mitigation Plan for the City of Culver City and Culver City Unified School District with out any deficiencies identified by FEMA. Ms. Barker is currently serving as Project Manager in preparation of the Laguna Hills LHMP, and a senior technical advisor/hazard mitigation planning specialist in preparation of the Irvine Ranch Water District Hazard Mitigation Plan and Elsinore Valley Municipal Water District Hazard Mitigation Plan.
Her depth of knowledge and experience will be applied to Glendora's LHMP. Honoring the obligation to meet Cal OES and FEMA Hazard Mitigation Plan requirements and guidelines, the De Novo team understands the continued maintenance and resource burdens required to develop an LHMP. The De Novo team includes members who are experienced in reviewing, analyzing, and extracting pre-existing data/information, as well as introducing new streamlined and integrated planning processes to match current resources to reduce staff burdens now and in the future.
The De Novo team’s unique experiences in general plans and LHMPs, regional knowledge, and seasoned staff provide a spectrum of perspectives, from plan development to plan review – which ultimately benefits our clients with sound consulting. De Novo prepares General Plan Updates consistent with all State laws while customizing the work products to reflect the City's specialized needs.
De Novo believes that effective leadership and project management is instrumental for project success, as it provides a framework to guide all participants toward common goals, enhances cost effectiveness, and reduces the risk of project budget overruns. Throughout the course of developing the LHMP, our team, led by Project Manager, Starla Barker, AICP, will proactively work with the City of Glendora Project Manager to ensure that tasks are completed on time and on budget with the maximized use of resources.
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4 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
3. FIRM PROFILE
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, design, and development services. For the past 15 years, De Novo Planning Group has successfully operated in the Sacramento, Greater Bay Area, Central Valley, Tahoe Basin, and northern California regions, and in 2017, opened an office in Orange County—led by Principal Amanda Tropiano—to serve southern California clients. The firm’s principal-level staff have successfully completed over 350 projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group incorporated in July 2008 and has full-service offices in northern and southern California with 21 full-time Staff.
OUR MISSION
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance their economic, social, environmental, legal, and political goals. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost-effective, and delivered within the client’s schedule.
OUR PHILOSOPHY
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of local knowledge for developing sensible and cost-effective solutions to local concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.
OUR SERVICE AREAS
Community Planning
» General Plans
» Local Hazard Mitigation Plans
» Housing Elements
» Specific Plans
» Zoning Codes
» Public Facilitation
» Grant Writing
» Project Management
» Application Processing
» Project Review/Peer Review
Environmental Studies
» CEQA Compliance
» NEPA Compliance
» Biological Studies
» Agricultural Studies
» Air Quality Studies
» Health Risk Assessments
» Climate Action Plans
» Sustainability Planning
» Mitigation Monitoring
» Permitting
Design
» Land Use Plans
» Visual Simulations
» Subdivision Layouts
» Site Planning
» Design Guidelines
Development
» Feasibility Studies
» Due Diligence Packages
» Competition Analyses
» Cost Estimates
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Item #12. Page 57
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5 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
4. PROJECT MANAGEMENT
Amanda Tropiano
Project Manager | Principal
CITY OF GLENDORA
De Novo Planning Group
Starla Barker, AICP
LHMP and CEQA Lead/ Co-PM | Principal Planner
The De Novo team will be organized as shown in the organization chart below, with Amanda Tropiano serving as the overall Project Manager and Perry and Starla serving as Co-Project Managers/Task Leads. De Novo brings to the table key personnel with deep experience not only in General Plans and Local Hazard Mitigation Plans, but also in the fields of city planning, environmental planning, climate planning, and GIS. If there are any proposed changes to key personnel during the term of the agreement that are outside of the our control or if the City requests such change, we will present a transition plan to the City.
Perry Banner
General Plan Lead/Co-PM | Principal Planner
Courtney Marchi
Assistant Planner
Erik Anderson
Associate Planner
Ben Ritchie
Advisor | Principal
Ashley Brodkin
Senior Planner
Item #12. Page 58
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6 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
EDUCATION
MA, Urban and Regional Planning,
University of California, Irvine
BA, Urban Studies and Planning,
University of California, San Diego
BA, Political Science: Comparative
Politics,
University of California, San Diego
Study Abroad Program,
University of Sussex
ORGANIZATIONS
Urban Land Institute
International Association for Public
Participation (IAP2)
American Planning Association
Amanda Tropiano is a principal with De Novo Planning Group and is responsible for leading the firm’s Southern California practice. Amanda has successfully managed a wide variety of land use and environmental planning projects for public and private sector clients, including numerous General Plans, specific plans, corridor plans, strategic plans, sustainability programs, visioning projects, transitoriented development plans, zoning documents, outreach programs, and CEQA projects. Amanda is also an IAP2 trained public outreach practitioner and has completed project management training with PSMJ. Amanda consistently brings to the table her passion, creativity, and strategic thinking to make sure every project exceeds her client's expectations. Amanda also supports the land use due diligence efforts of clients throughout southern California and assists with navigating public agency planning procedures, reviewing existing regulatory direction, facilitating the entitlement process, and serving as a liaison between public agencies and private developers.
Amanda Tropiano
PRINCIPAL
General Plan Update, Housing
Element, and EIR,
City of Lake Forest
General Plan Update, Housing
Element, and EIR,
City of La Verne
General Plan Update, Housing
Element, and EIR,
City of San Jacinto
General Plan Update and EIR,
County of Orange
Housing Element and Focused
Development Code Update
City of Westminster
Housing Element Update
Cities of Avalon, Rancho Santa
Margarita, and Temecula
General Plan Update, Housing
Element, Zoning Update, and EIR,
City of Lawndale
General Plan Update, Housing
Element, Zoning Update, and EIR,
City of San Marcos
Focus General Plan Update and EIR,
City of Glendale
General Plan Update, Housing
Element, and EIR,
City of Indian Wells
One Irvine,
City of Irvine
Environmental Justice Element,
City of Anaheim
General Plan Update and EIR,
City of Westminster*
General Plan Update, Housing
Element and EIR,
City of Yucaipa*
General Plan Update and EIR,
City of Clovis*
General Plan Update and EIR,
City of Industry*
Irvine Sustainable Operations
Strategic Plan,
City of Irvine*
SAVI Ranch Land Use and Mobility
Vision Plan,
City of Yorba Linda*
Vision Plan,
City of Carson*
Housing Element Update,
City of Santa Ana*
Downtown Bellflower TransitOriented Development Specific Plan City of Bellflower*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Tropiano while he was employed at another planning firm
5. QUALIFICATIONS
+o
+o
+o
+o
+
+o
+o
+
o
+ Safety Element
o Environmental Justice Element
Item #12. Page 59
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7 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
EDUCATION
BA, Economics,
University of Western Ontario, London,
Canada
Diploma, Urban and Regional
Planning Technology,
Fanshawe College, London, Canada
Ross Minority Program in Real
Estate,
University of Southern California, Los
Angeles
ORGANIZATIONS
American Planning Association
Congress for New Urbanism
Perry Banner recently joined De Novo Planning Group as a Principal Planner, bringing a combined 18 years of experience in local government and private practice planning to the firm with work in both the United States and Canada. Perry possesses a diverse range of skills, including project management, land use analysis and policy development. His capabilities also include economic development and real estate development.
Perry has successfully managed a wide variety of urban planning projects, including General Plans, community plans, specific plans, transit-oriented development plans, zoning documents and public outreach programs. His passion lies in helping communities, neighborhoods and their residents visualize the future and giving them the tools to make well-informed decisions. He believes in questioning conventional wisdom and always looking at problems from multiple angles and viewpoints to find effective and innovative solutions to develop plans that create results. Perry also supports private sector clients in navigating public agency approval processes.
Perry A. Banner
PRINCIPAL PLANNER
General Plan Update and EIR,
City of San Marcos
General Plan Update and EIR,
City of Lawndale
General Plan Update and EIR,
City of San Jacinto
General Plan Update and EIR,
City of Rolling Hills Estates*
General Plan Update and EIR,
City of Laguna Woods*
Community Plans Continuum Project,
County of San Bernardino*
Housing Element Update (6th Cycle),
City of Stanton
Housing Element Update (6th Cycle),
City of Hawthorne
Housing Element Update (6th Cycle),
City of Rancho Santa Margarita
Housing Element Update (6th Cycle),
City of Lake Forest
Housing Element Update (6th Cycle),
City of Westminster
Housing Element Update (4th Cycle),
City of Lawndale*
Local Hazard Mitigation Plan and
Safety Element Update,
City of Lawndale*
Southern California Logistics Airport
(SCLA) Specific Plan and EIR,
Stirling Development/City of Victorville*
Meredith International Centre Specific
Plan Amendment,
Craig Development Corp/City of Ontario*
Pueblo Viejo Implementation Strategy
Plan and Design Guidelines,
City of Coachella*
One Metro West Specific Plan and
EIR (Peer Review),
City of Costa Mesa*
Small Lot Subdivision Ordinance,
City of Orange
TOD Overlay – Marine Avenue Green
Line Station,
Cities of Lawndale, Hawthorne and
Redondo Beach*
Commercial Cannabis Program,
City of Pasadena*
Short-term Rental Program,
City of Pasadena*
Pilot Travel Center (Palmdale),
Pilot Company
141st and Normandie Townhomes
Project IS/MND,
The Olson Company
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Banner while he was employed at another agency or planning firm
+ Safety Element
o Environmental Justice Element
+o
+o
+o
+o
+
+
Item #12. Page 60
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8 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
EDUCATION
Masters, Urban and Regional
Planning, California State Polytechnic
University, Pomona
BA, Business Economics, University
of California, Riverside
ORGANIZATIONS
American Planning Association
LICENSES/CERTIFICATIONS
American institute of Certified
Planners, 2009, No. 024079
Starla Barker, AICP, is a principal planner with De Novo Planning Group and is primarily responsible for the management and preparation of Hazard Mitigation Plans, environmental documents (Initial Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments), and General Plans. With over 20 years of professional planning experience, Starla has successfully managed a wide range of projects with particular emphasis in hazard mitigation planning and urban infill, transit-oriented development, downtown, redevelopment, and General Plan projects. Utilizing her vast background and understanding of the interrelatedness of comprehensive planning, hazard mitigation, and environmental compliance, Starla develops and integrates contextsensitive mitigation strategies that contribute to and improve the resiliency and safety of communities throughout California. Starla is also regularly involved in land use and policy planning, including the development and implementation of community outreach programs, typically leading community engagement and facilitation activities for her projects.
Starla Barker, AICP
PRINCIPAL PLANNER
Laguna Hills Local Hazard Mitigation
Plan,
City of Laguna Hills
Elsinore Valley Municipal Water
District Local Hazard Mitigation Plan,
Elsinore Valley Municipal Water District
Rancho Santa Margarita Local Hazard
Mitigation Plan,
City of Rancho Santa Margarita*
Received the 2020 Award of Excellence
from the American Planning Association,
Orange Section and 2020 Award of Merit
from the American Planning Association,
California Chapter
Irvine Ranch Water District Local
Hazard Mitigation Plan,
Irvine Ranch Water District
General Plan Update and EIR,
City of Rancho Santa Margarita*
Housing Element and Safety Element
Update
City of Rancho Santa Margarita
Orange County Regional Water and
Wastewater Multi-Jurisdictional
Hazard Mitigation Plan
Municipal Water District of Orange
County*
Culver City and Culver City Unified
School District Multi-Jurisdictional
Hazard Mitigation Plan,
City of Culver City and Culver City
Unified School District*
Laguna Wood Hazard Mitigation Plan
City of Laguna Woods*
General Plan Safety Element, Local
Hazard Mitigation Plan, and
Emergency Operations Plan,
City of Lawndale*
General Plan Safety Element, Local
Hazard Mitigation Plan, and Master
Plan of Drainage,
City of McFarland*
General Plan Sustainability Element
and Development Code Assistance,
City of Placentia*
General Plan Update and EIR,
City of Buena Park*
General Plan Update, Climate Action
Plan, and EIR
City of Fullerton*
General Plan Update and EIR,
City of Lancaster*
General Plan Safety Element Update,
City of Camarillo*
County of San Bernardino
Community Plans Continuum,
County of San Bernardino*
General Plan Update, Climate Action
Plan, and Cable Airport Land Use
Compatibility Plan EIR,
City of Upland*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Barker while
she was employed at another planning firm
Item #12. Page 61
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9 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
EDUCATION
BA, English Literature,
University of Washington, Seattle,
Washington
Master of Urban and Regional
Planning,
Cal Poly Pomona, Pomona, California
ORGANIZATIONS
Association of Environmental
Professionals
Ashley Brodkin is a Senior Planner with De Novo Planning Group and is responsible for the preparation of environmental documents, as well as other longrange planning documents, including General Plans and Specific Plans. Ashley has nine years of experience preparing and managing a variety of CEQA and NEPA documents for capital improvements, land development and public policy document projects, and a variety of planning projects including General Plans, Housing Elements, Specific Plans, ordinances, and entitlements.
With experience as both a private consultant and in public service, Ashley provides a perspective on projects from both a consultant and lead agency point of view.
Ashley Brodkin
SENIOR PLANNER
General Plan Update and EIR,
City of San Jacinto
Harper Project EIR
City of West Hollywood
2500 North Hollywood Way EIR
City of Burbank
U-Haul Expansion IS/MND
City of Gardena
Circulation Element Update IS/ND
City of Bell Gardens
Housing Element Update (6th Cycle)
IS/ND
City of Hawthorne
Local CEQA Guidelines Update
City of Orange*
North Orange County Cities SB 743
Implementation Study
City of Orange*
City of Orange Environmental
Review,*
• Chapman University Specific
Plan Update EIR
• Well 28 IS/MND
• Fire Station No. 1 IS/MND
• Cannon St. and Serrano Ave.
Intersection Improvements
IS/MND
• Billboard Ordinance IS/MND
• Ronald McDonald House
IS/MND
• Chick-Fil-A IS/MND
• Cohen Residential Project
Subsequent IS/MND
• Highway Safety Improvement
Program NEPA Clearances
• Community Development
Block Grant NEPA Clearances
Koll Residences EIR,
City of Newport Beach*
Red Hill Avenue Specific Plan EIR,
City of Tustin*
Downtown/Old Town Specific Plan
and EIR,
City of Indio*
6 Polaris Way Office and Parking
Structure Project IS/MND,
City of Aliso Viejo*
Accessory Dwelling Unit Ordinance
City of Ventura
Small Lot Subdivision Ordinance,
City of Orange*
Homeless Shelter Ordinance Update,
City of Orange*
Housing Element Update (6th Cycle),
City of Orange*
Housing Element Update (5th Cycle),
City of Capitola*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Brodkin while she was employed at another agency or planning firm
Item #12. Page 62
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1 0
De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
EDUCATION
MA, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
BA, Political Science,
University of California, Los Angeles
ORGANIZATIONS
American Planning Association
Congress for the New Urbanism
AWARDS
2019 California Planning Foundation,
Central Coast Section Scholarship
2019 & 2020 Errett Fisher Foundation
Scholarship
Erik is an Associate Planner with De Novo and joins our team having recently earned his M.A. in City and Regional Planning from Cal Poly, San Luis Obispo. His previous experience includes service with a non-profit environmental organization and work in the legal field. During his academic career, he received multiple honors including the 2019 California Planning Foundation, Central Coast Section Scholarship, and the 2019 and 2020 Errett Fisher Foundation Scholarship. Erik is passionate about serving communities and creating innovative work through land use planning and design. Erik works on a variety of projects for De Novo, including General Plan updates and CEQA documentation.
Erik Anderson
ASSOCIATE PLANNER
Local Hazard Mitigation Plan,
Laguna Hills, CA
General Plan Update and EIR,
City of San Jacinto
General Plan Update,
City of La Verne
General Plan Update,
City of Lawndale
Focused General Plan Update,
City of Glendale
Housing Element Update (6th Cycle),
City of Temecula
Housing Element Update (6th Cycle),
City of Westminster
Housing Element Update (6th Cycle),
City of Lake Forest
Housing and Safety Element Update,
City of Rancho Santa Margarita
Housing Element Update (6th Cycle),
City of Avalon
General Plan Update,
City of Indian Wells
General Plan Update and EIR,
City of Jackson
Mountain House Incorporation ISND
San Joaquin County LAFCo
Circulation Element ND,
City of Bell Gardens
U-Haul ISMND,
City of Gardena
Pilot Travel Center MND,
Pilot Company (Moreno Valley)
Applied Medical Expansion MND,
City of Lake Forest
2500 N. Hollywood Way EIR,
City of Burbank
8228 Sunset Boulevard EIR,
City of West Hollywood
General Plan Update,
City of McFarland*
McFarland Zoning Code Update,
City of McFarland*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Anderson while enrolled as a Graduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo Item #12. Page 63
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11 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
Courtney is an Assistant Planner with De Novo and joins our team having recently earned a B.S. in City and Regional Planning from Cal Poly San Luis Obispo.
Through education, Courtney found a passion for community planning and environmental design. During her academic career, Courtney built upon planning skills by drafting specific plans and policies, and by creating, designing, and presenting development projects throughout California. Courtney is passionate about protecting the environment, serving communities and creating long-lasting work through innovative planning and policy. Courtney works on a variety of projects for De Novo, including CEQA documentation and General Plan updates.
Courtney Marchi
ASSISTANT PLANNER
EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2021 Academic Award of Excellence,
APA Central Coast Division
General Plan Environmental Impact
Report
City of San Jacinto
City of La Verne
Environmental Justice Element
City of Anaheim
General Plan Update
City of San Marcos
Pilot Travel Center EIR (Moreno
Valley)
Pilot Company
Climate Vulnerability Assessment
City of Lake Forest
City of Gardena
City of Stanton
General Plan Annual Progress
Report
City of San Marcos
2500 N. Hollywood Way – Dual
Brand Hotel Project EIR (Burbank)
Dual Brand Hotel Project
Great Scott Tree Service EIR (Lake
Forest)
Great Scott Tree Service
Environmental Justice Element
Update
City of Gardena
Soma Apartments Project Initial
Study (Manteca)
SOMA Manteca LLC.
Applied Medical Expansion &
Bridge Project EIR (Lake Forest)
Applied Medical
U-Haul Redevelopment Project
(City of Gardena)
U-Haul
Pilot Travel Center EIR (Perris)
Pilot Company
Background Report & General
Plan Policy Update*
City of San Joaquin
Downtown Tracy Light Rail
Specific Plan*
City of Tracy
Urban Design Visions*
City of San Martin
General Plan Update
County of Orange
RELEVANT PROJECT EXPERIENCE
* Project was completed by Marchi while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo Item #12. Page 64
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12 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
6. REFERENCES
City of San Marcos
Address 1 Civic Center Drive, San Marcos CA 92069
Reference Joseph Farace | Planning Division Director
(760) 744-1050 x3248 | [email protected]
Work Completed Safety Element Update and New Environmental Justice Element (Adopted); General Plan Update, Zoning Code Update, and EIR in Process
City of Lake Forest
Address 100 Civic Center Drive, Lake Forest, CA 92630
Reference Gayle Ackerman, AICP, Director of Community Development (949) 461-3460 | [email protected]
Work Completed General Plan Update, Subsequent Safety Element Update, and EIR (Adopted) City of Rancho Santa Margarita
Address 22112 El Paseo, Rancho Santa Margarita, CA 92688 Reference Cheryl Kuta, AICP, Assistant City Manager/Development Services Director (949) 635-1800 x6707 | [email protected]
Work Completed Local Hazard Mitigation Plan (Adopted) and Housing Element Update and Safety Element Update (Adopted)
City of La Verne
Address 3660 D St, La Verne, CA 91750
Reference Candice Bowcock, Principal Planner, City of La Verne (909) 596-8706 | [email protected]
Work Completed General Plan Update and EIR (Ongoing)
City of Gardena
Address 1700 West 162nd Street, Gardena, CA 90247
Reference Lisa Kranitz | City Attorney
(310) 962-2049 | [email protected]
Work Completed Safety Element Update and New Environmental Justice Element (Adopted); Ongoing On-Call CEQA Work
Item #12. Page 65
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13 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
City of San Jacinto
Address 595 S. San Jacinto Ave, San Jacinto, CA 92583
Reference Travis Randal, Deputy City Manager
(951) 654-7337 | [email protected]
Work Completed General Plan Update and EIR (Ongoing)
City of Laguna Hills
Address 24035 El Toro Rd, Laguna Hills, CA 92653
Reference Amber M. Shah, PE, Acting Public Services Director/City Engineer (949) 707-2657 } [email protected]
Work Completed Local Hazard Mitigation Plan (Ongoing)
Elsinore Valley Municipal Water District
Address 2270 Trumble Rd, Perris, CA 92570
Reference Lenai Hunter M.S.E.S., Regulatory Compliance Specialist (951) 674-3146 Ext. 8329
Work Completed Local Hazard Mitigation Plan
Item #12. Page 66
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14 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
7. RELEVANT WORK EXPERIENCE WITH LINKS
SAFETY ELEMENT (ADOPTED)
City of Rancho Santa Margarita
https://drive.google.com/open?id=1JQoEO-1mRmIA96EFc3yFq_YSsebkLrRP&authuser=atropiano%40denovoplanning.com&usp=drive_fs City of San Marcos
https://drive.google.com/open?id=1JUrfkWtAdeFMyjFU3tkvWDfK42HRV1Xj&authuser=atropiano%40denovoplanning.com&usp=drive_fs City of Lake Forest
https://drive.google.com/open?id=1JgioT8UGEluCD0Hz6n_18DD7mbMpE1hk&authuser=atropiano%40denovoplanning.com&usp=drive_fs City of Gardena
https://cityofgardena.org/wp-content/uploads/2022/04/Gardena_Public-Safety-Element_FINAL-FOR-ADOPTION. pdf
City of Temecula
https://drive.google.com/open?id=1JhztUGTr4lMvSwAh18GW8D2ar-F3MZVr&authuser=atropiano%40denovoplanning.com&usp=drive_fs
ENVIRONMENTAL JUSTICE ELEMENT (ADOPTED)
City of San Marcos
https://drive.google.com/open?id=1Jd0rEvh7QT8ZISjAdqNhlSr-QHOeFCYS&authuser=atropiano%40denovoplanning.com&usp=drive_fs https://drive.google.com/open?id=1JcAptaHZk7aB8LZ_FO1DBxs--M5f_T_r&authuser=atropiano%40denovoplanning. com&usp=drive_fs
City of Gardena
https://cityofgardena.org/wp-content/uploads/2022/06/Gardena_EJ-Element_FINAL-FOR-ADOPTION_with-APPENDIX.pdf City of Hawthorne
https://www.cityofhawthorne.org/home/showpublisheddocument/4813/637877899096000000
LOCAL HAZARD MITIGATION PLAN (ADOPTED)
City of Rancho Santa Margarita
https://www.cityofrsm.org/565/Local-Hazard-Mitigation-Plan#:~:text=Rancho%20Santa%20Margarita%20 Local%20Hazard%20Mitigation%20Plan&text=The%20LHMP%20presents%20a%20strategy,earthquakes%2C%20 drought%2C%20and%20wildfire.
Eastern Municipal Water District
https://www.emwd.org/sites/main/files/file-attachments/drafthazardmitigationplan9.pdf Item #12. Page 67
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8. PROJECT UNDERSTANDING
De Novo Planning Group understands that the City of Glendora is interested in preparing a update to its Safety Element and Local Hazard Mitigation Plan (LHMP) and a new Environmental Justice Element. The City seeks a qualified consultant to prepare these documents, along with the required environmental review, and see the process in its entirety through public participation and approval by outside agencies. The Safety Element will be updated to comply with new State requirements related to fire hazard planning, climate change, and resiliency planning, Environmental Justice Element will be prepared to address local issues of environmental concern, and the LHMP will identify risks and vulnerabilities from natural disasters and develop long term strategies for protecting people and property from future hazardous events. FEMA approval of a City’s LHMP establishes eligibility for participation in federal mitigation grant programs. Mitigation grant programs fund projects that lessen the impact of disasters.
The Safety Element shall be prepared consistent with the requirements of Senate Bills 99, 379, 1241, and 1035. This includes the identification of flood hazards with a set of comprehensive goals, policies, and objectives for the protection of the community from the unreasonable risks of flooding; addressing the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177; and updating the Safety Element to address climate adaptation and resiliency strategies applicable to the City.
The Environmental Justice Element shall be prepared generally consistent with the guidance of SB 1000, however, strict adherence to this Senate Bill is not required for Glendora. De Novo recently prepared an Environmental Justice Element for the City of San Marcos; like Glendora, San Marcos does not have any "disadvantaged communities" and was not necessarily required to adopt a stand-alone EJ Element, however, one was prepared to address the unique needs of the community's most vulnerable populations.
The LHMP shall be prepared for compliance with the following laws and requirements:
» The Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR) §201.6, as outlined in FEMA’s Local Mitigation Planning Handbook, published March 1, 2013. » FEMA’s Local Mitigation Plan Review Guide, published on October 1, 2011. » Analysis of potential impacts and mitigation measures related to climate change for compliance with Senate Bill (SB) 379.
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9. SCOPE OF WORK The following scope of work has been developed based on the City's RFP, our current understanding of Glendora's needs, and our experience in preparing similar documents. We look forward to working with the City to further customize the work program as necessary.
TASK 1 PROJECT ADMINISTRATION
Task 1.1 Project Kick-Off
Within one week of receiving a notice to proceed, the De Novo team will conduct a kick-off meeting with City staff to refine the project work scope and to discuss roles and responsibilities, project schedule, data collection needs, document review procedures, and other relevant project information. The work scope will be refined based on our discussions and critical project milestones, and a clear project schedule will be established. The De Novo Principal and Project Manager will attend the kick-off meeting. We will prepare the meeting agenda, as well as a meeting summary identifying project goals and follow-up action items.
Task 1.1 Deliverables:
» Kick-off meeting agenda
» Meeting summary (within 10 days of kick-off meeting) with project goals/objectives, action items, project schedule identifying key milestones, and anticipated dates for public meetings Task 1.2 Project Coordination
For the duration of the project, the De Novo Project Manager will coordinate regular communications and meetings with City staff, as needed, to review the project status and ensure that objectives and milestones are in line with the project schedule. Meetings may be conducted virtually or in-person at City offices depending on the nature of the agenda topics. A meeting summary with action items will be prepared for each meeting. This task also involves the time necessary for management and administration of the project, including invoicing.
Task 1.2 Deliverables:
» Ongoing project coordination lead by the De Novo Project Manager » Meeting summaries
TASK 2 SAFETY ELEMENT UPDATE
The Safety Element will be updated for consistency with state law, including the requirements of Senate Bills (SB) 379, 99, 1035, and 1241. Specifically, SB 379 requires that upon the next revision of the General Plan or Local Hazard Mitigation Plan, the Safety Element is to be updated as necessary to address climate adaptation and resilience strategies applicable to the City. This review and update is to include all of the following:
1. A vulnerability assessment that identifies the risks that climate change poses to the City and the geographic areas at risk from climate change impacts. (Note that this vulnerability assessment is also required for the Local Hazard Mitigation Plan and can be included as part of either document with reference to the other.)
2. A set of adaptation and resilience goals, policies, and objectives based on the information specified in the climate vulnerability assessment for the protection of the community.
3. A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to the adaptation objectives, including but not limited to the following:
» Feasible methods to avoid or minimize climate change impacts associated with new uses of land; » The location, when feasible, of new essential public facilities outside of at-risk areas, including but not limited to hospitals and health care facilities, emergency shelters, emergency command centers, and Item #12. Page 69
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emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas; » The designation of adequate and feasible infrastructure located in an at-risk area; » Guidelines for working cooperatively with relevant local, regional, state, and federal agencies; and » The identification of natural infrastructure that may be used in adaptation projects, where feasible (e.g., urban tree planting to mitigate high heat days).
SB 99 requires the City to review and update the Safety Element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes. Fire hazard zones and seismic hazard zones will be addressed. Likewise, SB 1241 requires that the Safety Element be reviewed and updated as necessary to address the risk of fire in State Responsibility Areas and Very High Fire Hazard Severity Zones.
Task 2.1 Review and Evaluate Current Safety Element
De Novo will complete a review of the City’s Safety Element for consistency with state law, including but not limited to SB 379, SB 99, 1035, and SB 1241, and will identify the specific sections of the Safety Element that must be updated to comply with state law.
Task 2.1 Deliverables:
» Written summary analysis of the existing Safety Element with recommended changes and additions to satisfy state law and safety element best practices
Task 2.2 Climate Vulnerability Assessment
In accordance with SB 379, De Novo will prepare a Climate Vulnerability Assessment (CVA) that identifies the risks that climate change poses to the City. The purpose of the CVA is to inform City policies, plans, programs, and guidance to promote effective and integrated action to safeguard from climate change. This CVA will describe vulnerabilities in terms of social vulnerabilities and physical vulnerabilities. Social vulnerabilities examine how populations, communities, and social systems are affected by climate change. Physical vulnerabilities examine how infrastructure, critical facilities, and land are affected by climate change. The analysis will be qualitative in nature and based on existing available information. No new air quality modeling is included in this task. As noted, the CVA will also be used to inform the Local Hazard Mitigation Plan.
Task 2.2 Deliverables:
» Climate Vulnerability Assessment including one (1) round of review (electronic) Task 2.3 Residential Emergency Evacuation Route Analysis De Novo will prepare an analysis consistent with Senate Bill 99 to identify residential developments in high hazard zones that do not have at least two emergency evacuation routes. High hazard zones will include CAL FIRE’s High Hazard Severity Zones and seismic hazard zones. A GIS map and layers will be prepared identifying access for residential areas in high hazard zones.
Task 2.3 Deliverables:
» Residential Emergency Evacuation Route Analysis including one (1) round of review (electronic) Task 2.4 Administrative Draft Safety Element
De Novo will prepare a targeted Administrative Draft Safety Element incorporating the components described above. We will work within the format of the current element, updating the text and graphics as needed. Our scope assumes that the City will provide De Novo with an editable version of the existing document. We request that we receive one consolidated set of City comments on the Administrative Draft Safety Element. De Novo will revise the Administrative Draft and complete the Screencheck Draft Safety Element for final City review. Based on staff’s comments on the Screencheck Draft, we will produce the Draft Safety Element for public review.
Item #12. Page 70
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Given that there are Very High Fire Hazard Severity Zones in Glendora, the update to the City’s Safety Element must be reviewed by the Board of Forestry and Fire Protection. De Novo will work closely with CAL FIRE’s Land Use Planning Manager for the Los Angeles region to prepare the updated element and provide responses to CAL FIRE’s General Plan Safety Element Assessment checklist. We recommend that CAL FIRE be provided the revised Administrative Draft Safety Element for informal review and comment; any revisions necessary to comply with the California Government Code as they relate to fire protection planning will be made prior to releasing the Public Review Draft.
Task 2.4 Deliverables:
» Administrative Draft Safety Element (one electronic copy in MS Word and pdf formats) » Screencheck Draft Safety Element (one electronic copy in MS Word and pdf formats) Task 2.5 Public Review Draft Safety Element / Final Safety Element We will incorporate the City’s comments on the Screencheck Draft Safety Element and create a Public Review Draft for public review. We expect that De Novo and City staff will work collaboratively to facilitate review by the public, as described in Task 5.
The Public Review Draft will also be formally reviewed by the Board of Forestry and Fire Protection for consistency with the California Government Code requirements related to fire protection planning. As is standard practice, the regional CAL FIRE Land Use Planning Manager will review the element for consistency with the Government Code, complete the CAL FIRE General Plan Safety Element Assessment, and make a presentation to the Board at a regularly scheduled Board meeting (the Board typically meets monthly). The Board must review and consider the Draft Safety Element before the City Council can adopt the update. De Novo will prepare the necessary support materials to facilitate the Board’s review. A representative from the City should be available to participate in the Board meeting (virtual) to answer any City-specific questions the Board may have.
During the public hearing process, the Planning Commission and City Council may direct revisions to the Safety Element. Following the final City Council hearing, De Novo will make the directed revisions. Since the extent of the revisions cannot be known at this time, we have provided an allowance that assumes revisions will be minor (based on our prior experience with such documents).
Task 2.5 Deliverables:
» Public Review Draft Safety Element (one electronic copy in MS Word and pdf formats) » Coordination with the Board of Forestry and Fire Protection, including provision of support materials » Final Safety Element adopted by City Council (one electronic copy in MS Word and pdf formats and two hardcopies)
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TASK 3 ENVIRONMENTAL JUSTICE ELEMENT
While General Plans have only recently been required to address the topic of Environmental Justice (EJ) in response to SB 1000, the De Novo team is proud to have long-considered the needs of a community’s most vulnerable populations as fundamental to our past General Plan work. There are a number of ways to articulate what “environmental justice” means in relation to the practice of planning, but for our purposes we find the definition developed by CalEPA to be especially helpful, where environmental justice means “the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.”
SB 1000 requires jurisdictions to first identify environmentally disadvantaged communities; using the findings of CalEnviroScreen 4.0, Glendora does not have any census tracts that are considered disadvantaged communities, or DACs. Therefore, we anticipate that policy will focus on strategies to reduce pollution exposure and environmental burdens affecting low-income and minority populations within the City.
Given the relative newness of how EJ is addressed in General Plans, the approach to environmental justice continues to evolve. De Novo Planning Group is currently preparing an Environmental Justice Element for the City of San Jacinto’s General Plan Update, whereby the majority of the City is within a disadvantaged community. In contrast, we are also preparing an update to the City of Red Bluff’s General Plan where there are no disadvantaged communities. The California Environmental Justice Alliance released an SB 1000 Implementation Toolkit which provides background on EJ issues and direction on how EJ can be addressed in General Plans. This toolkit, which is available for review and reference to all jurisdictions and professionals free of charge, provides a good starting point for discussion, but ultimately how EJ is addressed in Glendora will need to be tailored to the issues and opportunities specifically facing this community.
At a minimum, we recognize that this project will provide a meaningful way for all community members to participate in the process, reduce disproportionate environmental burdens on low-income and minority populations, increase mobility and access for all residents, identify healthy and affordable housing opportunities for all segments of the community, and define goals and policies to improve air quality, especially for sensitive population groups.
Task 3.1 Review and Prepare Recommendations
When two or more general plan elements are revised concurrently, per SB 1000, the City must address Environmental Justice as part of the General Plan if the City has areas defined as “Disadvantaged Communities”. The City is required to either adopt a new element or integrate environmental justice policies and goals into the elements of the General Plan “upon the adoption or next revision of two or more elements concurrently” (Government Code Section 65302[h][2]).
De Novo will conduct a comprehensive analysis regarding environmental pollution exposure in Glendora using CalEnviroScreen 4.0 and other available resources. We will research the social, economic, and pollution data sets. We will review other environmental and health databases and resources to identify indicators measuring citywide inclusivity and equity, as well as underlying socio-economic variables including home purchasing power, unemployment rate, educational attainment, and poverty levels. The information will be consolidated into a memorandum with a recommendation on how to prepare the Environmental Justice Element.
Task 3.1 Deliverables:
» Memo analyzing data and information regarding disadvantaged communities in the City and environmental justice-related issues, along with a recommendation for the approach to the Environmental Justice Element to satisfy current state law and EJ best practices Item #12. Page 72
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Task 3.2 Administrative Draft Environmental Justice Element De Novo will prepare an Administrative Draft Environmental Justice Element, submitted electronically, to the City for staff review. We anticipate that policy will focus on strategies to reduce pollution exposure and environmental burdens affecting low-income and minority populations, together with improving air quality and minimizing impacts on sensitive population groups. We will also look at collaborative policies (e.g., coordination and funding agreements with other public agencies) to encourage greater access to education and job skills training at all age levels.
Goals and polices will address the full range of environmental justice issues of relevance to Glendora, cross-referencing as appropriate environmental justice concerns that may already be addressed in other General Plan elements.
De Novo will revise the Administrative Draft and complete the Screencheck Draft Environmental Justice Element for final City review. Based on staff’s comments on the Screencheck Draft, we will produce the Draft Environmental Justice Element for public review.
Task 3.2 Deliverables:
» Administrative Draft Environmental Justice Element (one electronic copy in MS Word and pdf formats) » Screencheck Draft Environmental Justice Element (one electronic copy in MS Word and pdf formats) Task 3.3 Public Review Draft Environmental Justice Element De Novo will prepare a Public Review Draft Environmental Justice Element based on staff’s comments on the Screencheck Draft and create a Public Review Draft for public review. During the public hearing process, the Planning Commission and City Council may direct revisions to the EJ Element. Following the final City Council hearing, we will make the directed revisions. Since the extent of the revisions cannot be known at this time, we have provided an allowance that assumes revisions will be minor (based on the fact that both bodies will have reviewed the element during the study session described in Task 5.5 and our prior experience with such documents).
Task 3.2 Deliverables:
» Public Review Draft Environmental Justice Element (one electronic copy in MS Word and pdf formats) » Final Environmental Justice Element (one electronic copy in MS Word and pdf formats and two hardcopies) Item #12. Page 73
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TASK 4 LOCAL HAZARD MITIGATION PLAN
The Local Hazard Mitigation Plan (LHMP) will be prepared for approval by the California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA). The LHMP will identify risks and vulnerabilities from natural disasters and develop long term strategies for protecting people and property from future hazardous events. FEMA approval of a City’s LHMP establishes eligibility for participation in federal mitigation grant programs. Mitigation grant programs fund projects that lessen the impact of disasters.
The LHMP will be prepared for compliance with the following laws and requirements:
» The Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR) § 201.6, as outlined in FEMA’s Local Mitigation Planning Handbook, published March 1, 2013 » FEMA’s Local Mitigation Plan Review Guide, published October 1, 2011 » Analysis of potential impacts and mitigation measures related to climate change for compliance with Senate Bill 379
Task 4.1 Review and Evaluate Current Local Hazard Mitigation Plan De Novo will review and evaluate the City’s current LHMP to determine compliance with state law and FEMA regulations, and provide a summary of updates and analysis required to bring the LHMP into compliance with current state and federal law/guidelines. Pursuant to FEMA regulations, the City of Glendora must update its LHMP every five years to maintain eligibility for certain FEMA Public Assistance programs, including the Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC) project grants, Flood Mitigation Assistance (FMA) project grants, Rehabilitation of High Hazard Potential Dam (HHPD) grant program, and for receiving non-emergency Stafford Act assistance.
Task 4.1 Deliverables:
» Summary analysis of the existing LHMP with recommended changes and additions to satisfy current and anticipated state and federal law/guidelines and LHMP best practices Task 4.2 Prepare Local Hazard Mitigation Plan
This task is organized into four (4) phases in accordance with the Disaster Mitigation Act planning process.
Phase I: Develop Planning Process and Organize Resources
1. Hazard Mitigation Planning Committee
To effectively conduct a planning process that meets FEMA requirements, the City will need to create a Hazard Mitigation Planning Committee (HMPC), i.e. local steering/technical committee. The HMPC will be an ongoing working group that is a major contributor to the process and a provider of information used to create the LHMP. The HMPC will guide the development of the Glendora LHMP and ensure that the goals and mitigation actions identified in the plan are consistent with the City’s overall goals, as well as its resources. De Novo will work with City staff to identify recommended stakeholders for the City to invite to participate in the process. Potential stakeholders to invite for participation will be confirmed during the kick-off meeting, but may include:
» Emergency operations staff and/or other representatives from local public agencies, the County, and school districts
» Representatives from local critical facilities, such as hospitals and utility companies » Appropriate state and federal representatives, such as staff from Cal OES and FEMA » Representatives from community groups and nonprofit organizations » Representatives from a cross-section of the community, including residents, neighborhood leaders, and businessowners
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Based on our experience, we have found that four HMPC meetings are effective for discussing the information necessary to comply with FEMA requirements. De Novo will facilitate up to four meetings, including preparation of agendas, summary notes, and action items. These meetings are anticipated to require two hours of participation time and are expected to cover the following topics:
» Meeting 1: Introduction, roles and responsibilities, discussion of plan goals/objectives, community outreach approach, identification of hazards of concern, prioritization of hazards of concern, and identification of data/information.
» Meeting 2: Review of hazard profiles and hazards mapping, and inventory of community assets. » Meeting 3: Review of risk assessment and loss estimations, and discussion of capabilities assessment. » Meeting 4: Identification and discussion of mitigation actions and action prioritization, and plan maintenance.
We will provide all necessary materials needed to conduct the HMPC meetings, and City staff will be responsible for securing all meeting locations and coordinating with the HMPC, including formally inviting stakeholders.
Deliverables:
» Four (4) HMPC meetings including agendas, rosters and documentation of attendance, summary notes, and action items
2. Public Involvement
Community engagement is a major and required component of the LHMP planning process. De Novo will work with City staff to develop an outreach strategy, in conjunction with the overall Safety Element, EJ Element, and LHMP project, that is responsive to the participation needs of the community. The outreach approach is anticipated to include focused outreach meetings and online participation, further detailed below.
Focused Outreach Meetings
To supplement the work being done with the HMPC, De Novo proposes two focused outreach meetings with the community. Rather than large-scale community meetings or open houses that can be resource intensive and have a low turnout, we propose smaller, focused outreach meetings that can occur with targeted audiences and/or in conjunction with already scheduled community events. We will work with City staff to identify targeted audiences and community events that would be appropriate. We will also work with City staff to develop materials for the focused outreach meetings. We anticipate that each meeting would require two hours of participation time. If City staff facilitates additional meetings, it is assumed they will make available any printed materials and provide feedback received from the community to De Novo for incorporation into the LHMP.
Online Participation
Online participation will be a key strategy in development of the LHMP, providing a cost-effective means for reaching stakeholders and interested members of the public throughout the planning process. This task will consist of two components:
a. Online Survey
Working with the City, we will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will include multiple-choice questions, ranking/rating scales, and open-ended questions, all specifically designed to inform the LHMP planning process. We will coordinate with staff to make the survey link available on the City website. The City will be responsible for distributing and promoting the survey through its website, email lists, and/or social media. b. Website and Social Media Content
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We will assist the City in developing content about the LHMP that can be used on the City website and social media accounts. The content will provide information about the planning process, draft documents, upcoming public hearings, and opportunities to provide input and ask questions. The City will be responsible for uploading the content to the website and sharing updates through social media.
Deliverables:
» Two (2) focused outreach meetings including agendas, rosters and documentation of attendance, and summary notes
» One (1) online survey and summary of results
» Website and social media content
3. Incorporate Public Comments
De Novo will record and incorporate public comments received through the focused outreach meetings and online survey into the Draft LHMP as appropriate. The public will also be invited to review and provide comments on the Public Review Draft LHMP, described in Phase III, Task 4.2.
4. Document the Hazard Mitigation Planning Process
De Novo will ensure the City of Glendora LHMP thoroughly documents the hazard mitigation planning process, including but not limited to:
» A narrative description of how the plan was prepared and the process followed » An outline of plan development meeting dates, attendees, and agendas » Identification of agencies and organizations that participated in the plan development » Coordination with existing planning mechanisms
» Description of how the public was involved and strategy for public outreach/meetings Phase II: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment) The analysis of risks is a comprehensive review of the potential impacts of hazards on assets in the City of Glendora including people, the built environment, natural environment, and the economy. Results from the risk assessment will form the foundation for the subsequent identification of appropriate mitigation actions for reducing losses. We will conduct the risk assessment in a step-by-step manner, starting with development of hazard profiles, and concluding with an analysis of vulnerabilities and capabilities.
1. Hazard Identification and Profiles
Based on the HMPC’s identification and ranking of hazards, we will prepare hazard profiles, which will include a discussion of the hazards of concern and identify the location and extent of past occurrences, the probability of future occurrences, and climate change considerations. An important consideration in the hazard profiles discussion is the impact associated with climate change. The hazard categories may include:
» Aircraft incident
» Civil disturbance
» Climate change hazards
» Critical infrastructure failure
» Cyber and technology hazards
» Dam failure hazards
» Drought hazards
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» Earthquake hazards
» Fire hazards
» Flood-related hazards
» Nuclear and other hazardous materials
» Public health hazards
» Severe weather-related hazards (extreme temperatures, drought, fog, heavy rains/thunderstorms, wind/ lightning, etc.)
» Space weather hazards
» Terrorism, active threat hazards
» Other geologic and soil hazards
» Other human-caused hazards
» Other hazards as identified by the Hazard Mitigation Planning Committee Deliverables:
» Draft hazard profiles (electronic)
2. Hazard Mapping
Preparation of the hazard profiles and risk assessment will include high resolution maps of relevant hazards (that can be mapped) and analysis to determine areas of potential susceptibility within the City. This task will also identify critical facilities based on an approved list (by APNs) provided/updated by the City, which will also be used as part of the GIS analysis, to identify facilities most susceptible to hazards within the City. The geographic information data will comprise a comprehensive inventory for use in developing map data layers (to the extent data is available) of the following items relative to multiple hazard areas:
» Public buildings and facilities
» Critical facilities and infrastructure
» Maps that depict the location of parcels, structures, land use, and populations » Structures will be delineated by type of use (e.g., residential, commercial, industrial, etc.) » Other areas of note
Deliverables:
» Draft hazard and asset maps (electronic)
3. Vulnerability Assessment
Hazard profiling exposes the unique characteristics of individual hazards and begins the process of determining “who” and “what” is susceptible to a specific hazard within the City. Upon completion of the hazard profiles, we will prepare a vulnerability assessment, using the approved critical facilities list and hazard profiles prepared as part of previous tasks. The vulnerability assessment will consist of an analysis overlaying these two data sets and identifying the facilities that are vulnerable to the profiled hazards. This vulnerability assessment will include (as the data allows):
» Types and numbers of buildings, infrastructure, and critical facilities located within the planning area and within identified hazard areas
» An inventory of all repetitive flood loss structures, as defined by FEMA, if applicable » Potential dollar losses from identified hazards will be estimated through a process that utilizes GIS analysis Item #12. Page 77
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of County Assessor’s data with hazard locations
» Description of land uses and development trends to advise future land use decisions » The result of this analysis will be presented in tables identifying facilities/infrastructure and relevant hazards most likely to affect these facilities. Updated maps will correspond to this latest information. Upon completion, both the hazard profiles and vulnerability assessment will be presented to the HMPC for review and comment.
Deliverables:
» Draft vulnerability assessment (electronic)
4. Capabilities Assessment
A capabilities assessment is a comprehensive review of all the various policies, plans, programs, and procedures that assist in hazard mitigation activities. Using a Capabilities Assessment Worksheet, we will work with the HMPC to identify Glendora’s hazard mitigation capabilities. This will include protective measures under the National Flood Insurance Program (NFIP), building codes, zoning ordinances, completed or ongoing mitigation projects, and mitigation polices established in the General Plan. Technological and infrastructure vulnerabilities will also be noted in detail. Photographs of the vulnerabilities in Glendora supplied by City staff will be incorporated as appropriate.
Recommendations will be identified by the HMPC and further supplemented by City staff.
Deliverables:
» Draft capabilities assessment (electronic)
Phase III: Hazard Mitigation Strategy
Drawing on the hazard identification, analysis, and assessment of vulnerability and capabilities in the community, the De Novo team will prepare a LHMP for the City of Glendora to mitigate exposure to potential hazards. The team will engage the HMPC and City staff in development and review of goals, mitigation actions, and the Draft LHMP. A comprehensive mitigation strategy analyzes a wide range of actions from multiple forms of mitigation techniques, including structural projects (buyouts, elevations, retrofits, etc.), nonstructural projects (policies, land use regulations, floodplain management ordinances, etc.), natural systems protection projects (sediment/erosion control, stream corridor restoration, wetland restoration/preservation, conservation easements, etc.), and educational/awareness programs (real estate disclosures, websites with hazard information/maps, mailings to those in hazard-prone areas, etc.).
1. Develop Mitigation Goal Statements
De Novo will work with the HMPC to develop mitigation goals and ensure the goals adequately communicate desired end states and provide a foundation for meaningful hazard mitigation actions.
Deliverables:
» Mitigation goal statements (electronic)
2. Develop and Prioritize Mitigation Actions
De Novo will identify new actions that will contribute toward the mitigation goals developed by the HMPC. De Novo will revise the mitigation actions based upon discussions and feedback from the HMPC. The range of potential action items will include emphasis on mitigating losses for new and existing buildings and infrastructure and for future development areas. We will develop a process to prioritize identified mitigation actions that best meet the City of Glendora’s needs for hazard damage reduction. Prioritization factors will include an analysis of proposed mitigation projects focused on several key areas, including but not limited to:
» Social acceptance of the mitigation action
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» Technical and engineering feasibility of the mitigation action » Administrative staffing, funding, and maintenance required for the mitigation action » Political acceptability of the mitigation action
» Legal authority to implement the mitigation action or other legal concerns » Economic benefit of the mitigation action (including cost effectiveness) » Environmental impact of the mitigation action
Mitigation action prioritization and implementation will be discussed with the HMPC. De Novo will work with the HMPC to identify the following information as part of the mitigation actions table:
» Responsible Department(s) – The agency/department that will be responsible for the action identified » Potential Funding Source – Sources of future funding that can be used to implement the action » Priority – General priority of the action (high, medium, low), based on team input » Relative Cost – The relative cost to implement the action, based on cost categories determined by the HMPC
Deliverables:
» Mitigation Actions Prioritization Table (electronic)
3. Prepare Administrative Draft
Prior to preparing a Public Review Draft, we will compile the information into an Administrative Draft version of the LHMP to be shared internally with City staff and the HMPC. Our approach of working closely with the HMPC has shown to expedite the review process, since HMPC members have already seen each part of the LHMP by the time the Administrative Draft document is complete, and a majority of their comments have been addressed.
Deliverables:
» Administrative Draft LHMP (one electronic copy in MS Word and pdf formats)
4. Prepare Public Review Draft
We will incorporate one consolidated set of City staff and HMPC comments/revisions on the Administrative Draft version of the LHMP and prepare the Public Review Draft LHMP. The draft document will be made available to the public for any comment and feedback to be incorporated into the LHMP prior to submitting to Cal OES and FEMA for review. We anticipate a 30-day public review period with the LHMP made available on the City’s website and up to two (2) hardcopies available at locations within the City.
Deliverables:
» Public Review Draft LHMP (one electronic copy in MS Word and pdf formats and two hardcopies) Phase IV: Hazard Mitigation Plan Implementation and Maintenance Process The LHMP is required to address how the Plan, once adopted, will be implemented and maintained. The following components will be developed and discussed with the HMPC and integrated into one chapter of the Draft LHMP.
1. Monitor, Evaluate, Implement, and Update
The plan maintenance process will be discussed with the HMPC, including how the City will monitor, evaluate, implement, and update the LHMP, such as at an annual meeting of the HMPC. De Novo will prepare a chapter that identifies LHMP maintenance and implementation steps to ensure the LHMP is implemented and maintained over a five-year plan period in accordance with the requirements of the Disaster Mitigation Act of 2000. This chapter will describe the methods and schedule for monitoring, evaluation, and updating of the LHMP.
Item #12. Page 79
Meeting Date: 2/14/2023 / Packet Page #: 337
27 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
2. Incorporation into Existing Planning Mechanisms
The chapter will also describe how the City of Glendora will implement and incorporate hazard mitigation plan goals and actions into other local planning documents, such as the local Emergency Operations Plan, community wildfire protection plans, etc. De Novo will ensure that the LHMP is compatible with and incorporates the City’s Emergency Operations Plan (EOP) and Safety Element of the General Plan.
3. Implementation Schedule
The chapter will include procedures for ensuring the LHMP’s implementation, including an implementation schedule for each action item.
4. Continued Public Involvement
The chapter will include a description of continued public involvement activities in LHMP maintenance and future updates.
5. Final Plan Approval and Adoption
Final approval and adoption of the LHMP will consist of the following tasks:
a. Prepare LHMP Submittal to Cal OES and FEMA
We will compile all comments received on the Public Review Draft LHMP for inclusion as an appendix item and revise the LHMP, as necessary. The LHMP will then be submitted to Cal OES for initial review; the De Novo team will address any comments/concerns from Cal OES before it is submitted to FEMA for formal review. We will also prepare the FEMA Hazard Mitigation Plan Review Tool that will accompany the Cal OES and FEMA submissions.
Deliverables:
» Submittal of Draft LHMP to Cal OES and FEMA
» FEMA Hazard Mitigation Plan Review Tool
b. Complete Corrections Received from Cal OES and/or FEMA If comments are provided by Cal OES and/or FEMA, requiring plan revisions, the De Novo team will revise the LHMP prior to adoption by the City Council. In the past, De Novo team members have successfully completed plans that did not require revisions or required only minor revisions by FEMA prior to adoption, which is our goal for Glendora’s LHMP. If revisions are necessary, we will work with FEMA to address them to ensure an “approvable pending adoption” (APA) determination.
Deliverables:
» FEMA required revisions to LHMP, as necessary
c. City Council Adoption of Final LHMP Approved by Cal OES and FEMA Once the LHMP has received an APA determination, the De Novo team will present the Final LHMP to City Council for adoption. For FEMA to approve the LHMP, the City must formally adopt the LHMP within one calendar year of receipt of FEMA APA designation. After adoption, we will submit proof of adoption to FEMA for final adoption, via the City’s resolution. The final adopted LHMP will be transmitted to the City.
Deliverables:
» Final LHMP (one electronic copy in MS Word and pdf formats and two hardcopies) Item #12. Page 80
Meeting Date: 2/14/2023 / Packet Page #: 338
28 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
TASK 5 COMMUNITY ENGAGEMENT
De Novo will prepare a Community Engagement Plan identifying all outreach methods to be used, the schedule of events, specific groups to be contacted, and the activities planned to solicit input. Community engagement will seek out and consider the viewpoints of hard-to-reach groups such as communities of color, low- and moderate-income residents, seniors, youth, limited-English proficient individuals, and people with disabilities. The specific community outreach activities, to be determined by City staff and De Novo, could include focused outreach meetings, online community surveys, joint City Council/Planning Commission study sessions, and public hearings. We have provided a budget allocation for the Community Engagement Plan. During the kick-off meeting, City staff and De Novo will determine the most appropriate engagement activities for the Glendora Safety Element, Environmental Justice Element, and LHMP project. At a minimum, the budget allocation allows for four Hazard Mitigation Planning Committee meetings (i.e. local steering/technical committee), two focused outreach meetings (related to the LHMP and Safety Element), one Environmental Justice focus group meeting, one joint City Council/Planning Commission study session, and three public hearings.
The key components of our Community Engagement Plan are described below.
Task 5.1 Webpage, Social Media, and Advertisements
We propose sharing project information on the City’s existing Community Development Department webpage (as opposed to a new stand-alone website separate from the City’s own website). We also recommend posting project milestones on existing social media platforms, including the City’s Facebook, Twitter, Instagram, and Nextdoor accounts. We will prepare materials to invite key community stakeholders to participate.
De Novo will prepare graphics and text for posting information about engagement activities, as well as availability of draft documents, to existing City accounts and platforms. We assume that City staff will print and deliver hardcopies as necessary (for example, if mailed letters on the City’s letterhead need to be sent to select stakeholders). We will also prepare a project factsheet for posting online and to have available at future in-person activities.
Task 5.1 Deliverables:
» Website and social media content; project factsheet
Task 5.2 Online Surveys
Working with the City, we will develop online surveys pertaining to (1) the Safety Element and LHMP and (2) the EJ Element, compile survey results, and provide a detailed summary of input received. The surveys will include multiple-choice questions, ranking/rating scales, and open-ended questions, all specifically designed to inform the Safety Element, Environmental Justice Element, and LHMP planning processes. We will coordinate with staff to make the survey links available on the City website. The City will be responsible for distributing and promoting the surveys through its website, email lists, and/or social media.
Task 5.2 Deliverables:
» One (1) online survey and summary of results related to the Safety Element and LHMP » One (1) online survey and summary of results related to the Environmental Justice Element Item #12. Page 81
Meeting Date: 2/14/2023 / Packet Page #: 339
29 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
Task 5.3 Focused Outreach Meetings (Safety Element and LHMP) De Novo proposes two focused outreach meetings with the community regarding public safety and hazard mitigation planning. Rather than large-scale community meetings or open houses that can be resource intensive and have a low turnout, we propose smaller, focused outreach meetings that can occur with targeted audiences and/ or in conjunction with already scheduled community events. We will work with City staff to identify targeted audiences and community events that would be appropriate. We will also work with City staff to develop materials for the focused outreach meetings. We anticipate that each meeting would require two hours of participation time.
Task 5.3 Deliverables:
» Preparation and facilitation for two (2) focused outreach meetings specific to public safety and hazard mitigation planning, including all large-format maps and presentation materials Task 5.4 Environmental Justice Focus Group Meeting
A focus group meeting specifically related to environmental justice will allow the De Novo team and City staff to engage in a more nuanced discussion than could occur at a public workshop or open house. Our team will plan and facilitate the focus group meeting, which can take place in-person or virtually, to discuss key environmental justice and community health and wellness issues facing Glendora. The meeting is expected to include regional agencies and nonprofit representatives, representatives from the City, school district, and other local and regional stakeholders. We anticipate that the meeting would require two hours of participation time.
Task 5.4 Deliverables:
» Preparation and facilitation for one (1) focus group meeting specific to environmental justice, including all large-format maps and presentation materials
Task 5.5 Joint Study Session
De Novo will conduct a joint study session with the City Council and Planning Commission to present proposed key policy directives identified in the Safety Element, Environmental Justice Element, and LHMP. This session will be open to the public and thus provides an additional avenue for public input. De Novo will facilitate the meeting and prepare a PowerPoint presentation. The City will be responsible for securing the venue and advertising the study session.
Task 5.5 Deliverables:
» Preparation and facilitation for one (1) joint study session with City Council and Planning Commission, including all large-format maps and presentation materials Item #12. Page 82
Meeting Date: 2/14/2023 / Packet Page #: 340
30 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
TASK 6 ENVIRONMENTAL REVIEW / CEQA COMPLIANCE
The update to the General Plan Safety Element, preparation of an Environmental Justice Element, and preparation of a Local Hazard Mitigation Plan will require environmental review in compliance with the California Environmental Quality Act (CEQA). It is our understanding that the update to the Safety Element and preparation of the Environmental Justice Element and Local Hazard Mitigation Plan do not include any policies and/or action items that would result in physical improvements, increased growth, or new facilities when compared to existing conditions.
The purpose of the Safety Element update and preparation of the Environmental Justice Element and Local Hazard Mitigation Plan is to respond to new state requirements. Based on this understanding, we anticipate preparation of an Initial Study (IS) resulting in either a Negative Declaration (ND) or Mitigated Negative Declaration (MND).
Task 6.1 Task Kick-Off Meeting
De Novo will participate in a kick-off meeting with the team and City staff to discuss the environmental compliance document and work program, including schedule and deliverables, project characteristics and analysis, and collection of relevant documents and information. The methodology and approach to the environmental analysis will be discussed.
Task 6.1 Deliverables:
» Task kick-off meeting agenda and summary (electronic) Task 6.2 Project Description
The Project Description is a critical element of the environmental document and establishes the foundation for the analysis. Based on the Draft Safety Element, Environmental Justice Element, and Local Hazard Mitigation Plan, De Novo will develop a Project Description for review and approval by the City. We assume no modifications to the Project Description will occur after approval by the City.
Task 6.2 Deliverables:
» Draft and Final Project Description (electronic)
Task 6.3 Administrative Draft Initial Study
De Novo will prepare an Initial Study (IS) for the Safety Element, Environmental Justice Element, and Local Hazard Mitigation Plan. The IS will provide a detailed description of the proposed project. The IS will include a discussion of the setting, anticipated impact analysis, and the means by which existing policies or programs will fully address the impact. The IS will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis will be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15063. The impact analysis will be in a consistent order of environmental factors, as presented in the recently updated Appendix G of the CEQA Guidelines (Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). We assume preparation of technical studies will not be required and impacts will be less than significant or less than significant with the implementation of mitigation measures. However, if through preparation of the IS, it is determined technical studies will be required, we will work with the City to identify the appropriate technical studies.
De Novo will prepare a ND or MND based on the findings of the IS. As stated previously, we expect this to be the appropriate level of environmental review required to support adoption of the Safety Element, Environmental Justice Element, and Local Hazard Mitigation Plan. One (1) electronic copy of the Administrative Draft IS will be provided to City staff for review and comment in both Word and PDF. After the City’s review, we can be available for a conference call to discuss the document if requested.
Task 6.3 Deliverables:
» Administrative Draft IS (one electronic copy in MS Word and pdf formats) Item #12. Page 83
Meeting Date: 2/14/2023 / Packet Page #: 341
31 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
Task 6.4 Screencheck Draft IS/ND or MND
Upon receipt of consolidated comments from City staff, De Novo will revise the IS/ND or MND and prepare the Screencheck Draft for City review. The revisions will be provided in redline/track changes for ease of review.
Task 6.4 Deliverables:
» Screencheck Draft IS/ND or MND (one electronic copy in MS Word and pdf formats) Task 6.5 Public Review Draft IS/ND or MND
Upon receipt of any additional comments on the Draft IS/ND or MND, De Novo will respond to a second review of the Draft and prepare the document for Public Review. This document will be publicly circulated for 30 days in accordance with the noticing requirements under CEQA. This scope of work assumes distribution of the Notice of Intent (NOI) to Adopt a Negative Declaration or Mitigated Negative Declaration to a City-provided distribution list of up to 30 agencies/interested parties.
Task 6.5 Deliverables:
» Up to thirty (30) copies of the NOI with Draft IS/ND or MND on USB mailed to individuals on the City’s distribution list and one (1) electronic copy of the Public Review Draft IS/ND or MND to City staff in MS Word and pdf formats
Task 6.6 Environmental Noticing, Outreach, and Filing
De Novo will assist the City with tribal consultation pursuant to AB 52 to ensure timely consideration of the project.
The City will provide De Novo with a list of tribes that have requested to be notified of projects pursuant to AB 52.
De Novo will draft letters to the tribes on behalf of the City to be printed on City letterhead for mailing by the City.
If applicable, De Novo will prepare and file a No Effect Determination (NED) form to the appropriate CDFW office.
De Novo will be responsible for posting all necessary notices with the County Clerk and State Clearinghouse, including the “Notice of Intent to Adopt a Mitigated Negative Declaration” and the “Notice of Determination” (NOD). Our budget includes the filing fees for the County Clerk. This scope of work excludes radius mailing, newspaper notice, and any applicable CDFW fees.
Task 6.6 Deliverables:
» AB 52 consultation letters in MS Word format for City to print and mail on City letterhead, one CDFW NED submittal, NOI and NOD filed with the County Clerk, NOI and Public Review Draft IS/ND or MND submittal package to the State Clearinghouse, and NOD submittal to the State Clearinghouse Task 6.7 Final ND or MND
At the conclusion of the Draft ND or MND public review period, the De Novo team will respond to all written comments received by the City. The Draft Responses to Comments will be prepared for review by City staff. De Novo will address one complete set of comments from City staff on the Draft Responses to Comments and will provide the revisions in track changes for ease of review. De Novo will respond to a second set of comments and finalize this section for inclusion in the Administrative Final ND or MND.
At this time, the extent of public and agency comments that will result from the review process is unknown. We have provided an estimated hour-based budget of staff time for the preparation of responses by De Novo. Should the level of comments and responses exceed our budgeted estimate, De Novo will submit additional funding requests to the City. The scope of work does not assume supplemental analysis will be required to provide responses to comments. If it is determined that supplemental technical studies or additional analysis are needed, De Novo will work with the City to determine the associated scope of work and additional funding necessary.
If necessary, based on the responses to comments, revisions to the ND or MND text will be identified. Any additional text will be marked in underline format and any deleted text will be marked in strikeout format.
Item #12. Page 84
Meeting Date: 2/14/2023 / Packet Page #: 342
3 2
De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
If necessary, a Mitigation Monitoring and Reporting Program (MMRP) will be prepared to identify appropriate monitoring steps/procedures and provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the MMRP. The checklist will identify the mitigation measure outlined in the Initial Study, the Mitigation Measure, the Monitoring Milestone (what agency/department is responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. A draft MMRP will be prepared for review by City staff.
We will make any additional revisions as directed by the City and prepare a Final ND or MND for consideration by the Planning Commission and City Council.
Task 6.7 Deliverables:
» Final ND or MND (one electronic copy in MS Word and pdf formats) Task 6.8 Task Management / Administration
The Environmental Review Task Manager will direct preparation and review of the environmental document for compliance with CEQA requirements and guidelines and City CEQA procedures. The Task Manager will coordinate with City staff as well as internal technical staff toward the timely completion of the environmental document, and participate in progress/project conference calls and/or meetings with City staff, as necessary.
Task 6.8 Deliverables:
» Task kick-off meeting with City staff (refer to Task 6.1) » Progress meetings/conference calls with City staff to discuss work program and progress, resolve any issues, review comments on administrative documents, and/or receive any necessary direction from City staff TASK 7 PUBLIC HEARINGS AND ADOPTION
De Novo’s Principal and Project/Task Managers will facilitate one (1) hearing with the Planning Commission, and two (2) hearings with the City Council, in addition to the joint City Council/Planning Commission study session described under Task 5. Should our participation in additional meetings be requested, De Novo would be happy to accommodate the City’s request on a time-and-materials basis. Please refer to Task 4.2 for Hazard Mitigation Planning Committee (i.e. local steering/technical committee) meetings.
Task 7 Deliverables:
» One (1) public hearing with the Planning Commission, and two (2) public hearings with the City Council, including all presentation materials and large-format exhibits » Review of City staff reports and resolutions
Item #12. Page 85
Meeting Date: 2/14/2023 / Packet Page #: 343
33 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
TASK/ACTIVITY Jan Feb March Apr May June Jul Aug Sep Oct Nov Dec Jan Feb Issuance of Notice to Proceed Anticipated in December 2022
1.1 Project Kick‐Off
1.2 Project Coodination
2.1 Review and Evaluate Current Safety Element
2.2 Climate Vulnerability Assessment
2.3 Residential Emergency Evacuation Route Analysis
2.4 Administrative Draft Safety Element
2.5 Public Review Draft Safety Element / Final Safety Element
3.1 Review and Prepare Recommendations
3.2 Administrative Draft Environmental Justice Element
3.3 Public Review Draft Environmental Justice Element
1. Hazard Mitigation Planning Committee (HMPC) Meeting 1 Meeting 2 Meeting 3 Meeting 4
2. Public Involvement Meeting 1 Meeting 2 Meeting 3
3. Incorporate Public Comments
4. Document the Hazard Mitigation Planning Process
1. Hazard Identification and Profiles
2. Hazard Mapping
3. Vulnerability Assessment
4. Capability Assessment
1. Develop Mitigation Goal Statements
2. Develop and Prioritize Mitigation Actions
3. Prepare Admininstrative Draft & City/HMPC Review
4. Prepare Public Review Draft & Public Review
1. Monitor, Evaluate, Implement, and Update
2. Incorporation into Existing Planning Mechanisms
3. Implementation Schedule
4. Continued Public Involvement
5. Final Plan Approval and Adoption
a. Prepare LHMP Submittal to Cal OES & FEMA
b. Complete Corrections Received from Cal OES and/or FEMA c. City Council Adoption of Final LHMP Approved by Cal OES & FEMA
5.1 Webpage, Social Media, and Advertisements
5.2 Online Surveys
5.3 Focused Outreach Meetings (Safety Element and LHMP)
5.4 Environmental Justice Focus Group Meeting
5.5 Joint Study Session
6.1 Task Kick‐Off Meeting
6.2 Project Description
6.3 Administrative Draft Initial Study
6.4 Screencheck Draft IS/ND or MND
6.5 Public Review Draft IS/ND or MND
6.6 Environmental Noticing, Outreach, and Filing
6.7 Final ND or MND
6.8 Task Management / Administration
7.1 Public Hearings
Legend De Novo Agency Review Public Review
TASK 6 ENVIRONMENTAL REVIEW/CEQA COMPLIANCE
TASK 7 PUBLIC HEARINGS/ADOPTION
Note: Completion of the project will require approval by Cal OES/FEMA of the LHMP. At this time there is no clear understanding or guarantee on the timeline of their review. Our proposed schedule anticipates delivery of the Final LHMP based on an assumption of approximately two months for Cal OES/FEMA plan review. However, this period can be shorter/longer depending on the plan review backlog at Cal OES/FEMA Region IX at the time of LHMP submittal.
Phase I: LHMP Planning/Development Process and Organize Resources Phase II: Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment) Phase III: Hazard Mitigation Strategy
Phase IV: Hazard Mitigation Plan Implementation and Maintenance Process TASK 5 COMMUNITY ENGAGEMENT
2024
TASK 1 PROJECT ADMINISTRATION
TASK 2 SAFETY ELEMENT UPDATE
TASK 3 ENVIRONMENTAL JUSTICE ELEMENT
TASK 4 LOCAL HAZARD MITIGIATION PLAN
2023
10. SCHEDULE
Item #12. Page 86
Meeting Date: 2/14/2023 / Packet Page #: 344
34 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
11. STAFF ASSISTANCE
The scope of work proposed anticipates the following assistance from City staff:
» Reservation of rooms/facilities for all project meetings and outreach activities on City properties/venues. » Organization of the HMPC (the De Novo team will assist in identification of potential members). » Review of documents and deliverables submitted as part of the process. » Distribution of materials for HMPC and public review. » Distribution of materials for City Council review.
Item #12. Page 87
Meeting Date: 2/14/2023 / Packet Page #: 345
35 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
12. COMMUNICATIONS PLAN
De Novo’s approach to assisting the City of Glendora – and to all professional consulting services we provide throughout California – is to work in close cooperation with the City as a seamless extension of your own staff. Our team brings extensive experience, but we of course are cognizant of our role and the need to prepare these documents in a way that is in line with the overall goals and policies of the community. De Novo’s project management approach is designed to facilitate clear communication among all key parties and to resolve any issues of concern in a timely manner. Our management structure, which includes a dedicated Project Manager (Amanda Tropiano), will facilitate the integration of the various activities into one seamless process. While each task has its own set of deliverables and review cycles, the interdependency of all tasks must be recognized to develop a critical path that achieves an adoptable plan within the desired time frame. The Project Manager’s role will be to coordinate the project directly with the City’s Project Manager; facilitate meetings; present the project to City Council; oversee the community outreach process; and be fully aware of day-to-day project events. The Project Manager will oversee the project team, including the Task Level Co-Project Managers, to ensure successful completion of each task, provide quality control/ quality assurance, and ensure that the City’s goals and expectations are being met. De Novo has a unique approach to ensure that each client’s needs are met, and the City’s project schedule would be a top-priority for our team.
Our approach is designed to allow for regular interaction between City staff and the De Novo team, which allows for frequent information sharing among those involved in the project. During peak periods of activity, De Novo will regularly update the City via their preferred method of communication. This approach will assist in data exchange without loss of time or resources and will give City staff advance input on issues or questions that may arise. De Novo’s scheduling systems allocate resources to meet all client due dates, regardless of their timing or the number of deadlines within a given period. Responsibility for planning and controlling a contract schedule lies with the Project Manager, who will use all of the following systems:
» Weekly workload management meetings;
» Long-range staffing projections;
» Resource scheduling (Word processing, graphics, editing, production); and » Critical path method and time line scheduling for tasks and milestones.
Item #12. Page 88
Meeting Date: 2/14/2023 / Packet Page #: 346
36 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
13. ADDITIONAL INFORMATION
De Novo Planning Group will serve as the only Consultant responsible for the work plan. We do not propose the use of any subconsultants.
De Novo Planning Group accepts the standard Agreement for Contract Services (no modifications).
De Novo has identified the following potential grant funding sources that may help the City pay for preparation of the requested material. Some of these funding sources are available on a rotating basis and attention will need to be paid to filing dates and funding availability.
» FEMA's Hazard Mitigation Grant Program (LHMP)
» State of California 404 Hazard Mitigation Grant Program (typically available for preparation of LHMPs for the first time, but could inquire about funding opportunities for necessary updates) » State of California SB 2 Planning Grant
» State of California Regional Early Action Planning (REAP) Grant » CalEPA Environmental Justice Small Grants
No other additional information is needed to assist the City of Glendora with its review of this Proposal.
Item #12. Page 89
Meeting Date: 2/14/2023 / Packet Page #: 347
37 De Novo Planning Group
City of Glendora Safety Element, EJ Element, and LHMP
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Item #12. Page 90
Meeting Date: 2/14/2023 / Packet Page #: 348
APPROVE A CONTRACT WITH DE NOVO PLANNING GROUP TO
PREPARE AN UPDATE TO THE GENERAL PLAN SAFETY ELEMENT,
PREPARE AN ENVIRONMENTAL JUSTICE ADDENDUM, UPDATE THE
LOCAL HAZARD MITIGATION PLAN, AND PREPARE THE
ACCOMPANYING CEQA DOCUMENTS IN AN AMOUNT NOT TO
EXCEED $205,469 (PROJECT PLN22-0043).
Community Development
City Council
Item # _
February 14, 2023
Hans Friedel AICP, Senior Planner
CityOfGlendora.org
Item #12. Page 91
Meeting Date: 2/14/2023 / Packet Page #: 349
2 Request
That the City Council:
1. Approve an Agreement with De Novo Planning Group to prepare an update to the General Plan Safety Element, prepare an Environmental Justice Addendum, update the Local Hazard Mitigation Plan, and prepare the accompanying CEQA documents in the amount of $186,790 including a 10% contingency in the amount of $ 18,679, for a total not to exceed contract amount of $205,469.
2. Authorize the City Manager or his designee to execute the agreement including minimal and and/or non-substantive changes.
3. Approve an additional appropriation from the General Fund (001) in the amount of $85,569 and the General Plan Maintenance Fund (263) in the amount of $119,900 to the appropriate expenditure accounts for this project.
Item #12. Page 92
Meeting Date: 2/14/2023 / Packet Page #: 350
3 Background
§ State law requires every city and county in California to prepare a general plan for its future growth and development. General plans must address eight mandatory topic areas called elements:
Elements
Land use Conservation
Transportation Safety (2006)
Housing (2022) Noise
Open space Environmental Justice
Item #12. Page 93
Meeting Date: 2/14/2023 / Packet Page #: 351
4 Background Cont.
§ Under the Disaster Mitigation Act of 2000, local jurisdictions are required to have a Federal Emergency Management Agency (FEMA) -approved Local Hazard Mitigation Plan to better position resources in advance of a disaster and to maintain eligibility for certain disaster assistance and hazard mitigation funding programs
§ Due to overlap with Safety Element, Planning staff opted to join with the Police Department and roll this into one contract
Item #12. Page 94
Meeting Date: 2/14/2023 / Packet Page #: 352
5 Request For Proposals (RFP)
§ There was a competitive RFP process with seven qualified firms submitting § The proposals were scored by a panel of four which included interviews and reference checks
§ Staff recommended moving forward with De Novo Planning Group as they received the best overall evaluation
§ The work will take about one year and include public engagement. The final documents will come through be reviewed by Planning Commission for a recommendation and adoption will be by the City Council Item #12. Page 95
Meeting Date: 2/14/2023 / Packet Page #: 353
6 Contract Award Request
§ This contract award request includes the following amounts and sources:
Use of Fund Source Amount
Safety Element and Environmental Justice Addendum General Plan $109,000.00 Contingency (10%) General Plan $ 10,900.00
Local Hazard Mitigation Plan General Fund $77,790.00
Contingency (10%) General Fund $7,779.00
Total $205,469.00
Item #12. Page 96
Meeting Date: 2/14/2023 / Packet Page #: 354
7 Recommendation
That the City Council:
1. Approve an Agreement with De Novo Planning Group to prepare an update to the General Plan Safety Element, prepare an Environmental Justice Addendum, update the Local Hazard Mitigation Plan, and prepare the accompanying CEQA documents in the amount of $186,790 including a 10% contingency in the amount of $ 18,679, for a total not to exceed contract amount of $205,469.
2. Authorize the City Manager or his designee to execute the agreement including minimal and and/or non-substantive changes.
3. Approve an additional appropriation from the General Fund (001) in the amount of $85,569 and the General Plan Maintenance Fund (263) in the amount of $119,900 to the appropriate expenditure accounts for this project.
Item #12. Page 97
Meeting Date: 2/14/2023 / Packet Page #: 355
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 14, 2023
FROM: PUBLIC WORKS DISTRICT(S): 2 & 4
SUBJECT: AWARD THE CONTRACT TO GENTRY BROTHERS, INC. FOR BENNETT AVENUE,
WASHINGTON AVENUE, WESTRIDGE AVENUE, AND BENDER AVENUE WATER AND STREET IMPROVEMENTS, PLAN NO. 1338 & 1339, IN THE AMOUNT OF $4,431,996.50 AND 10% CONTINGENCY IN THE AMOUNT OF $443,200 FOR A TOTAL AMOUNT NOT TO EXCEED $4,875,197 (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. Award the contract to Gentry Brothers, Inc. for Bennett Ave., Washington Ave., Westridge Ave., and Bender Ave. Water and Street Improvements, Plan No. 1338 & 1339, in the amount of $4,431,996.50 and 10% contingency in the amount of $443,200 for a total amount not to exceed $4,875,197;
3. Authorize the City Manager or his designee to execute the agreement with Gentry Brothers, Inc., including minimal and/or non-substantive changes;
4. Approve a supplemental appropriation from the Water Capital Projects Fund 530 towards the project budget in the amount of $600,000;
5. Accept irrevocable offers of the easement dedication grant to the City for public utility purposes at 758 E. Bennett Ave., Glendora; and
6. Authorize the City Clerk to file and record the easement with County of Los Angeles, Office of County Recorder.
EXECUTIVE SUMMARY
The City received final plans for the Bennett Ave., Washington Ave., Westridge Ave., and Bender Ave.
Water and Street Improvements, Plan No. 1338 & 1339 from Onward Engineering in October 2022. A notice inviting bids for construction was released on QuestCDN, with noticed published in the San Gabriel Valley Examiner on November 3 and 10, 2022, and bid opening held on December 6, 2022. Thirty-six (36) plan holders reviewed bid packages, and seven (7) submitted bid proposals. All received bids were deemed responsive to the contract requirements, and ranged from $4,431,996.50 to $7,253,740.00.
Gentry Brothers, Inc. was identified as the lowest responsive bidder with a bid amount of $4,431,996.50.
Staff recommends that the City Council award them a construction contract in this amount, and approve the necessary related actions.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On December 14, 2021, the City Council awarded the contract to Onward Engineering for professional services to design the water and street improvement plans in the amount of $134,448.
Item #13. Page 1
Meeting Date: 2/14/2023 / Packet Page #: 356
Staff Report Page 2 of 4
DISCUSSION
The City received final plans for the Bennett Ave., Washington Ave., Westridge Ave., and Bender Ave.
Water and Street Improvements, Plan No. 1338 & 1339 from Onward Engineering in October 2022. A notice inviting bids for construction was released on QuestCDN, with notice published in the San Gabriel Valley Examiner on November 3 and 10, 2022. The original bid due date was scheduled for December 1, 2022, but was extended to provide time for bidders to incorporate necessary addenda, and bid opening was ultimately held on December 6, 2022. Thirty-six (36) plan holders reviewed bid packages, and seven (7) submitted bid proposals. All received bids were deemed responsive to the contract requirements, and ranged from $4,431,996.50 to $7,253,740.00. Gentry Brothers, Inc. was identified as the lowest responsive bidder with a bid amount of $4,431,996.50, with street improvements totaling $1,800,000 and water improvements totaling $2,631,997.
Primary Project Location
The primary portion of the project involves a variety of water and street/right-of-way (ROW) improvements.
For water infrastructure, it includes replacing approximately 7,000 linear feet of existing 6” water main with new 8” lines, as well as fire hydrants and water meters, and installing new customer service laterals.
Current water mains in the area were installed from 1952 to 1967, and leak incidents have required frequent repairs and interrupted water supply to the neighborhood multiple times since 2015.
Along with water infrastructure improvements, ROW improvements will include grinding existing pavement and overlaying it with new rubberized asphalt, reconstructing curbs, gutters, and cross gutters, constructing new curb ramps, and adding bike lanes on Bennett Ave. from Barranca Ave. to Grand Ave.
The pavement condition index (PCI) in the primary project area was all evaluated to be in poor to very poor condition during the 2020 Pavement Management Plan (PMP) assessment, with values all under 50, and under 30 for several sections. PCI ratings for these sections will all be restored to 100 with this work.
Street From/To 2020 PMP PCI
Bennett Ave. Barranca Ave. to Valencia Ave. 26
Bennett Ave. Valencia Ave. to Grand Ave. 27
Bennett Ave. Grand Ave. to Pennsylvania Ave. 39
Westridge Ave. North of Bennett Ave. to end 27
Bender Ave. North of Bennett Ave. to end 38
Washington Ave. North of Bennett Ave. to end 41
To complement these pavement renovations, ROW improvements will also include constructing a new 5- foot-wide sidewalk on the south side of Bennett Ave. to complete the south sidewalk from Grand Ave. to Item #13. Page 2
Meeting Date: 2/14/2023 / Packet Page #: 357
Staff Report Page 3 of 4
Barranca Ave. This is the only portion within primary project area that does not have a sidewalk. This will help provide a safe walking path for students at both La Fetra Elementary and Sandburg Secondary Schools, as well as other residents in the neighborhood, and compliment the new bike lanes in providing alternative modes of transportation. As part of the design process, staff conducted an outreach survey for residents’ opinions on the sidewalk, and organized a neighborhood meeting to discuss the options with residents and answer their questions. Based on the survey and meeting outcomes, a majority of residents supported the sidewalk construction, and the path will be tailored to minimize the removal of existing trees. The City will replant any removed street trees at a 2:1 ratio in other locations within District 2. These combined improvements will provide a more reliable water system, and improved streets and sidewalks to the residents, significantly reducing maintenance and repair costs, and elevating the area’s appearance.
Secondary Project Location
The secondary portion of the project will address longstanding drainage and pedestrian connectivity issues along a short section of Bennett Ave. at 758 E. Bennett Ave. A new curb and gutter will be constructed, and a section of sidewalk to link the existing disconnected segments. These improvements will provide a clear walking path along this section of street, and help address drainage problems that currently arise during storm events that can not only impact the residences at this location, but those behind them on Meda Ave. This improvement requires dedication of an easement for construction, and the property owner has agreed to grant the 10-ft easement to the City for sidewalk construction.
FISCAL IMPACT
Sufficient funds are available in Fund 530 Water Capital Projects reserves to appropriate an additional $600,000 to the project. 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 120 working days.
Item #13. Page 3
Meeting Date: 2/14/2023 / Packet Page #: 358
Staff Report Page 4 of 4
Task Budget Expenditures
Water CIP Fund 530 $2,575,000
RMRA Fund 256 $2,080,000
Total Project Budget $4,655,000.00
Design - Completed $134,561.00
Water Meter and Boxes - Completed $21,282.46
Environmental - Completed $75.00
Publication - Completed $385.00
Construction Cost (Gentry Brothers) $4,431,996.50
Requested Construction Contingency – 10% $443,199.65
Material Testing – (to be performed) $25,500.00
Construction inspection – (to be performed) $198,000.00 Total Estimated Expenditures $5,254,996.61
Budget Deficit ($600,000.00)
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
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 1338 and 1339
B. Bid Summary 1338 and 1339
C. Plan Holder List 1338 and 1339
D. Bid Extensions 1338 and 1339
E. Bid Proposal 1338 and 1339
F. Contract Agreement 1338 and 1339
G. Signed Plans and Specs 1338 and 1339
H. Resolution – 788 E Bennett Ave
I. Easement deed- 758 E Bennett Ave
J. Certification of Acceptance- 758 E Bennett Ave
K. Presentation 1338 & 1339
Item #13. Page 4
Meeting Date: 2/14/2023 / Packet Page #: 359
rvp7/3/97
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339.
Project Location: Bennett Ave – From Barranca Ave to Pennsylvania Ave 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: Project involves abandoning approximately 7000 linear feet of existing 6” water main and installing new 8” water main, replace fire hydrants, water meters, and new customer service laterals. This project also consists of pavement grind and overlay with rubberized asphalt, reconstruct portions of curb and gutter, cross gutters, construct new curb ramps, adding bike lanes on Bennett Ave from Barranca Ave to Grand Ave.
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 traffic signal modification by adding left turn phasing, removal of existing loops and installation of new video detection camera system.
Date:
Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body:
City of Glendora City Council on January 10, 2023
Date:
Michael Mai, Associate Civil Engineer (626) 914-8257
Item #13. Page 5
Meeting Date: 2/14/2023 / Packet Page #: 360
PROJECT LOCATION MAP
Item #13. Page 6
Meeting Date: 2/14/2023 / Packet Page #: 361
BENNETT AVE, WASHINGTON AVE, WESTRIDGE AVE & BENDER AVE WATER AND STREET IMPROVEMENTS- PLAN NO. 1338 & 1339
BID OPENING: DECEMBER 06, 2022
SUMMARY OF BIDS
CONTRACTORS BID AMOUNT
1. Gentry Brothers, Inc. $ 4,431,996.50
2. Big Ben Engineering $4,702,793.00
3. Sully-miller Contracting Company $4,799,950.00
4. Stephen Doreck Equipment Rentals, Inc. $5,068,829.00
5. Dominguez General Engineering, inc. $5,147,075.00
6. TE Roberts Inc. $6,184,378.00
7. Hardy & Harper, Inc. $7,253,740.00
Item #13. Page 7
Meeting Date: 2/14/2023 / Packet Page #: 362
Closing Date: Tue, 12/06/2022 10:00 AM PST Posting Type: Construction Project Owner Name: Glendora CA, City of Solicitor Name: Glendora CA, City of Contact: Desiree Hernandez Phone: 626-914-8238 Email: [email protected] Company Name & Address Contact Name/Email Address Phone/Fax Bus. Cert Bus. Desig Entry Date Doc Type Comments
G.M. Sager Construction Co. Inc
1380 S East End Ave, Pomona,
CA-91766
Michael Sager
[email protected]
909-620-9987 Prime Bidder 11/03/2022 eBidDoc
Pavement Recycling Systems
10240 San Sevaine Way, Jurupa
Valley, CA-91752
John Karagas
[email protected]
951-682-1091
(951) 682-1094 Subcontractor 11/03/2022 eBidDoc
Infrastructure Engineers
3060 SATURN ST, BREA, CA92821
Justin Wiekamp
[email protected]
714-940-0100 SBE Prime Bidder 11/04/2022 eBidDoc
MCC EQUIPMENT RENTALS,
INC.
33562 Yucaipa Blvd. #4-325,
Yucaipa, CA-92399
STEVE MAYO
[email protected]
909-795-7308 MBE,SBE,DBE Prime Bidder 11/04/2022 eBidDoc Stephen Doreck Equipment
Rentals, Inc.
9075 Telegraph Rd, Pico Rivera,
CA-90660
Pablo Viramontes
[email protected]
562-949-4949 SBE Prime Bidder 11/04/2022 eBidDoc
PALP Inc., dba Excel Paving
Company
2230 Lemon Avenue, Long
Beach, CA-90806
Crissa Phillips
[email protected]
5625995841
562-591-7485 Prime Bidder 11/04/2022 eBidDoc
Gentry Brothers, Inc.
384 E. Live Oak Avenue,
Irwindale, CA-91706
Jason Roehrborn
[email protected] 626-357-9631 Prime Bidder 11/04/2022 eBidDoc All American Asphalt
400 E 6th St, Corona, CA-92879
Ed Carlson
[email protected]
951-736-7600
951-739-4671 Prime Bidder 11/04/2022 eBidDoc
Dodge Data & Analytics
2860 S State Hwy 161, Grand
Prairie, TX-75052
Daedri Cavuoto
[email protected]
513.666.3354
800-768-5594 Plan Room 11/07/2022 eBidDoc
Hardy & Harper, Inc.
32 Rancho Circle, Lake Forest,
CA-92630
Morgan Churnock [email protected] 714-444-2801 Prime Bidder 11/07/2022 eBidDoc
Ferguson Waterworks Ventura
3681 Market Street, Ventura, CA93003
Christopher Januszewski
[email protected]
18052189338 Supplier 11/08/2022 eBidDoc
ConstructConnect
3825 Edwards Rd, Cincinnati,
OH-45209
Eric Mills
[email protected]
800-364-2059
866-570-8187 Plan Room 11/09/2022 eBidDoc
SULLY-MILLER CONTRACTING
COMPANY
135 s Sate College Blvd, Brea,
CA-92821
Anthony Lino
[email protected]
714-578-9600/714
-578-9672 Prime Bidder 11/10/2022 eBidDoc
Blois Construction, Inc.
3201 Sturgis Road, Oxnard, CA93030
Nicole Kennedy
[email protected]
805-656-1432 Prime Bidder 11/10/2022 eBidDoc
BidAmerica
41085 Elm Street, Murrieta, CA92562
Tom Davis
[email protected]
951-837-0559 Plan Room 11/11/2022 eBidDoc
Griffith Company - Santa Fe
Springs
12200 Bloomfield Ave, Santa Fe
Springs, CA-90670
Lucas Walker
[email protected]
562-929-1128
562-864-8970 SBE Prime Bidder 11/14/2022 eBidDoc
Bonadiman Water Inc.
P.O. Box 52298, Riverside, CA92517
Penney Paulson
[email protected]
951-657-0200 SBE Prime Bidder 11/14/2022 eBidDoc
CEM Construction Corporation
1412 Espanol Ave, Montebello,
CA-90640
Emigdio Carrillo
[email protected]
3235971084 DBE Prime Bidder 11/14/2022 eBidDoc
Dominguez General
Engineering, inc.
11096 Pipeline Ave, Pomona,
CA-91766
Reyes Cervantes
[email protected]
909-461-3658
909-461-3678 DBE Prime Bidder 11/14/2022 eBidDoc
Toro Enterprises, Inc.
2101 E VENTURA BLVD, Oxnard,
CA-93036
Ben Ramirez
[email protected]
805-483-4515 Prime Bidder 11/14/2022 eBidDoc
Plan Holder Report as of 12/06/2022 03:49 PM CST
Bennett Ave, Washington Ave, Westridge Ave, Bender Ave, Water and Street Improvements Quest eBidDoc™ Number: 8329015
Item #13. Page 8
Meeting Date: 2/14/2023 / Packet Page #: 363
Company Name & Address Contact Name/Email Address Phone/Fax Bus. Cert Bus. Desig Entry Date Doc Type Comments
Sequel Contractors, Inc.
13546 Imperial Hwy, Santa Fe
Springs, CA-90670
Michael Mahler [email protected]
562-802-7499 Prime Bidder 11/17/2022 eBidDoc
Big Ben Engineering
4790 Irvine Blvd, Irvine, CA92620
Sep Sharifi
[email protected]
949-400-1800 SBE Prime Bidder 11/17/2022 eBidDoc
S&J SUPPLY
13105 Florence Ave, Santa Fe
Springs, CA-90670
Ryan ray
[email protected]
714-240-2330 Supplier 11/17/2022 eBidDoc
PCI
975 W. 1st Street, Azusa, CA91702
William Jacob
[email protected]
562-218-0504
562-218-0634 SBE Subcontractor 11/18/2022 eBidDoc
TE Roberts Inc.
17771 Mitchel N, Irvine, CA92614
Brian Wagner
[email protected]
7146690072
714-200-0241 SBE Prime Bidder 11/18/2022 eBidDoc
Sterndahl Enterprises Inc.
11861 Branford St., Sun Valley,
CA-91352
Denny Sterndahl
[email protected]
818-834-8199
818-834-8618 SBE Subcontractor 11/22/2022 eBidDoc
Orange county Winwater Works
Company
1617 E. Ball Rd, Anaheim, CA92805
Gus Sanchez
[email protected]
714-459-6913
714-996-1599 DBE Supplier 11/22/2022 eBidDoc
California Professional Engine
19062 San Jose Ave, La Puente,
CA-91748
Van Nguyen
[email protected]
6268101338
626-810-1322 DBE,MBE,SBE Subcontractor 11/23/2022 eBidDoc Dangelo Co.
601 North Harbor Blvd, La
Habra, CA-90631
Ben Kinney
[email protected]
562-690-1000 Supplier 11/28/2022 eBidDoc
Western Water Works
5831 Pine Ave, Chino Hills, CA91709
Danny Gamboa
[email protected]
909-597-7000 Supplier 11/28/2022 eBidDoc
Chrisp Company
43650 Osgood Rd, Fremont, CA94539
Aaron Patton
[email protected]
510-656-2840
510-656-2840 Subcontractor 11/30/2022 eBidDoc
Manhole Adjusting Inc.
9500 Beverly Road, Pico Rivera,
CA-90660
Abel Ruiz
[email protected]
323-558-8000
323-558-8055 Prime Bidder 12/01/2022 eBidDoc
AM Signal
8100 Southpark Way, Unit A10,
Littleton, CO-80120
Brooke Hageny
[email protected]
720-348-6925 Supplier 12/02/2022 eBidDoc
Madole & Associates INC
9302 Pittsburgh Ave., Rancho
Cucamonga, CA-91730
Deana Wolken
[email protected]
909-481-6323
909-481-6320 DBE Subcontractor 12/02/2022 eBidDoc
COPP CONTRACTING, INC.
6751 STANTON AVE, BUENA
PARK, CA-90621
HAILEY COPP
[email protected]
714-522-7754 Subcontractor 12/02/2022 eBidDoc
GRSI
10832 Dorothy Avenue, Garden
Grove, CA-92843
Tri La
[email protected]
7147158992
7148930945 Subcontractor 12/05/2022 eBidDoc
Item #13. Page 9
Meeting Date: 2/14/2023 / Packet Page #: 364
Item
Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension $4,431,996.50 $4,702,793.00 $4,799,950.00 $5,068,829.00 $5,147,075.00 $6,184,378.00 $7,253,740.00 1 Bonding, Mobilization & Insurance LS 1 $325,107.50 $325,107.50 $175,000.00 $175,000.00 $450,000.00 $450,000.00 $250,000.00 $250,000.00 $200,000.00 $200,000.00 $60,000.00 $60,000.00 $267,500.00 $267,500.00 2 Construction Staking LS 1 $20,000.00 $20,000.00 $15,000.00 $15,000.00 $38,500.00 $38,500.00 $37,950.00 $37,950.00 $60,000.00 $60,000.00 $38,614.00 $38,614.00 $30,500.00 $30,500.00 3 Re-establish Survey Monument Including Tie Out EA 7 $500.00 $3,500.00 $500.00 $3,500.00 $1,100.00 $7,700.00 $1,515.00 $10,605.00 $3,000.00 $21,000.00 $832.00 $5,824.00 $1,200.00 $8,400.00 4 Traffic Control LS 1 $600,000.00 $600,000.00 $25,000.00 $25,000.00 $250,443.00 $250,443.00 $105,000.00 $105,000.00 $40,000.00 $40,000.00 $365,341.00 $365,341.00 $387,677.00 $387,677.00 5 Traffic Signing, Striping, Pavement Markers and Pavement Markings. LS 1 $97,000.00 $97,000.00 $100,000.00 $100,000.00 $95,000.00 $95,000.00 $98,950.00 $98,950.00 $100,000.00 $100,000.00 $130,607.00 $130,607.00 $88,000.00 $88,000.00 6 Grind and Cold Mill Roadway to Depth of 2.5" SF 329100 $0.50 $164,550.00 $0.40 $131,640.00 $0.45 $148,095.00 $0.36 $118,476.00 $0.40 $131,640.00 $0.45 $148,095.00 $0.43 $141,513.00 7 Construct Uniform 2.5" Thick ARHM Surface Course TON 5150 $110.00 $566,500.00 $135.00 $695,250.00 $117.00 $602,550.00 $129.00 $664,350.00 $126.00 $648,900.00 $155.00 $798,250.00 $121.00 $623,150.00 8 Remove Existing AC Pavement and Base and Construct 6-Inch Thick Full Depth AC Slot Repair. SF 6140 $4.00 $24,560.00 $25.00 $153,500.00 $15.00 $92,100.00 $18.00 $110,520.00 $18.00 $110,520.00 $45.00 $276,300.00 $9.75 $59,865.00 9 Adjust Water Valve Frame and Cover to Grade EA 89 $200.00 $17,800.00 $325.00 $28,925.00 $194.00 $17,266.00 $87.00 $7,743.00 $100.00 $8,900.00 $398.00 $35,422.00 $1,200.00 $106,800.00 10 Adjust Storm Drain Manhole Frame and Cover to Grade EA 5 $600.00 $3,000.00 $1,100.00 $5,500.00 $975.00 $4,875.00 $1,335.00 $6,675.00 $1,500.00 $7,500.00 $2,130.00 $10,650.00 $1,200.00 $6,000.00 11 Adjust Sewer Manhole Frame and Cover to Grade EA 23 $600.00 $13,800.00 $1,100.00 $25,300.00 $975.00 $22,425.00 $1,335.00 $30,705.00 $1,500.00 $34,500.00 $2,130.00 $48,990.00 $1,200.00 $27,600.00 12 Adjust Telecom Manhole Frame and Cover to Grade EA 5 $800.00 $4,000.00 $1,500.00 $7,500.00 $1,375.00 $6,875.00 $1,750.00 $8,750.00 $2,000.00 $10,000.00 $2,592.00 $12,960.00 $1,100.00 $5,500.00 13 Re-Install Type D or Type E Traffic Loop (6' Diameter) EA 25 $450.00 $11,250.00 $450.00 $11,250.00 $345.00 $8,625.00 $600.00 $15,000.00 $1,000.00 $25,000.00 $737.00 $18,425.00 $315.00 $7,875.00 14 Sawcut and Remove Existing Curb Ramp. Construct New PCC Curb Ramp Per SPPWC Std. Plan No. 111-5. EA 20 $7,000.00 $140,000.00 $12,000.00 $240,000.00 $7,500.00 $150,000.00 $10,950.00 $219,000.00 $14,000.00 $280,000.00 $16,452.00 $329,040.00 $9,250.00 $185,000.00 15 Sawcut and Remove Existing Curb and Gutter. Construct New PCC Curb and Gutter Per SPPWC Std. Plan No. 120-3, Type A2-8. LF 2510 $75.00 $188,250.00 $67.00 $168,170.00 $58.00 $145,580.00 $125.00 $313,750.00 $100.00 $251,000.00 $133.00 $333,830.00 $77.00 $193,270.00 16 Sawcut and Remove Existing Cross Gutter/Spandrel. Construct New PCC Cross Gutter/Spandrel Per SPPWC Std. Plan No. 122-3. SF 4340 $14.00 $60,760.00 $31.00 $134,540.00 $24.00 $104,160.00 $31.00 $134,540.00 $30.00 $130,200.00 $45.00 $195,300.00 $26.00 $112,840.00 17 Sawcut and Remove Existing Sidewalk. Construct New PCC Sidewalk Per City of Glendora S.D. and S.NO. 1.02. SF 3280 $12.00 $39,360.00 $25.00 $82,000.00 $17.00 $55,760.00 $14.00 $45,920.00 $20.00 $65,600.00 $30.00 $98,400.00 $13.00 $42,640.00 18 Adjust Water Meter Box to GradeEA 3 $150.00 $450.00 $650.00 $1,950.00 $509.00 $1,527.00 $87.00 $261.00 $2,000.00 $6,000.00 $1,188.00 $3,564.00 $1,070.00 $3,210.00 19 Adjust Telecom Manhole Frame and Cover to Grade EA 1 $600.00 $600.00 $1,500.00 $1,500.00 $1,375.00 $1,375.00 $1,750.00 $1,750.00 $5,000.00 $5,000.00 $2,592.00 $2,592.00 $2,140.00 $2,140.00 20 Remove and Replace Traffic Signal Pull Box to Grade EA 9 $1,600.00 $14,400.00 $1,500.00 $13,500.00 $1,200.00 $10,800.00 $1,500.00 $13,500.00 $2,000.00 $18,000.00 $1,997.00 $17,973.00 $1,600.00 $14,400.00 21 Sawcut and Remove Existing Curb/Parkway Drain. Construct New Curb/Parkway Drain Per SPPWC Std. Plan No. 150-4 or 151-3. EA 3 $4,000.00 $12,000.00 $10,000.00 $30,000.00 $6,600.00 $19,800.00 $6,500.00 $19,500.00 $8,000.00 $24,000.00 $7,690.00 $23,070.00 $2,140.00 $6,420.00 22 Root Pruning and Install Tree Root Barrier per SPPWC Std. Plan 523-2. LF 60 $40.00 $2,400.00 $60.00 $3,600.00 $15.00 $900.00 $75.00 $4,500.00 $80.00 $4,800.00 $250.00 $15,000.00 $214.00 $12,840.00 23 Construct 8-inch Ductile Iron Water Main, Class 350. LF 7340 $160.00 $1,174,400.00 $175.00 $1,284,500.00 $175.00 $1,284,500.00 $193.00 $1,416,620.00 $170.00 $1,247,800.00 $211.00 $1,548,740.00 $292.00 $2,143,280.00 24 Install 4" Gate Valve with Valve Box Assembly. EA 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $1,100.00 $1,100.00 $1,310.00 $1,310.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,140.00 $2,140.00 25 Install 8" Gate Valve with Valve Box Assembly. EA 32 $3,000.00 $96,000.00 $2,800.00 $89,600.00 $2,300.00 $73,600.00 $2,550.00 $81,600.00 $3,000.00 $96,000.00 $2,987.00 $95,584.00 $4,370.00 $139,840.00 26 Install Hydra-Stop Insta-Valve or Approved Equal to Existing 6" Main EA 1 $7,000.00 $7,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $14,050.00 $14,050.00 $15,000.00 $15,000.00 $5,557.00 $5,557.00 $22,500.00 $22,500.00 27 Install Hydra-Stop Insta-Valve or Approved Equal to Existing 8" Main EA 1 $8,000.00 $8,000.00 $16,000.00 $16,000.00 $11,500.00 $11,500.00 $15,550.00 $15,550.00 $20,000.00 $20,000.00 $5,557.00 $5,557.00 $34,700.00 $34,700.00 28 Install 6"X6"X6" Flanged Tee and Tie into Existing 6" Main EA 2 $2,000.00 $4,000.00 $2,000.00 $4,000.00 $9,000.00 $18,000.00 $2,250.00 $4,500.00 $8,000.00 $16,000.00 $5,976.00 $11,952.00 $20,800.00 $41,600.00 29 Install 8"X8"X8" Flanged Tee and Tie into Existing 8" Main EA 10 $2,000.00 $20,000.00 $2,000.00 $20,000.00 $3,600.00 $36,000.00 $2,100.00 $21,000.00 $8,000.00 $80,000.00 $5,877.00 $58,770.00 $24,000.00 $240,000.00 30 Install 8"X10"X10" Flanged Tee and Tie into Existing 10" Main EA 2 $3,500.00 $7,000.00 $4,000.00 $8,000.00 $11,400.00 $22,800.00 $6,550.00 $13,100.00 $10,000.00 $20,000.00 $7,270.00 $14,540.00 $28,000.00 $56,000.00 31 Install 8" to 6" Reducer, (MJ X MJ). EA 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $940.00 $1,880.00 $550.00 $1,100.00 $1,000.00 $2,000.00 $1,210.00 $2,420.00 $1,600.00 $3,200.00 32 Install 10" to 8" Reducer, (MJ X MJ). EA 2 $800.00 $1,600.00 $1,000.00 $2,000.00 $1,300.00 $2,600.00 $650.00 $1,300.00 $1,000.00 $2,000.00 $1,327.00 $2,654.00 $1,600.00 $3,200.00 33 Install 1" Service Assembly with New Meter Box and Abandon Existing Service Connection at Main. Connect to Existing 3/4" Meter. City to Provide New Meter Box. EA 104 $2,000.00 $208,000.00 $3,000.00 $312,000.00 $3,600.00 $374,400.00 $2,350.00 $244,400.00 $4,500.00 $468,000.00 $3,147.00 $327,288.00 $5,900.00 $613,600.00 34 Install 1" Service Assembly with New Meter Box and 3/4" Meter. City to Provide New Meter and Meter Box. EA 17 $2,200.00 $37,400.00 $3,000.00 $51,000.00 $3,500.00 $59,500.00 $2,250.00 $38,250.00 $4,500.00 $76,500.00 $3,172.00 $53,924.00 $5,900.00 $100,300.00 35 Remove Existing Fire Hydrant Assembly and Construct New Fire Hydrant Assembly. EA 14 $15,000.00 $210,000.00 $17,500.00 $245,000.00 $14,500.00 $203,000.00 $13,750.00 $192,500.00 $3,000.00 $42,000.00 $9,216.00 $129,024.00 $16,600.00 $232,400.00 36 Protect Existing 4" Meter and Vault in Place. Remove Interfering Portion of Existing Pipe and Make Necessary Connection to Existing 4" Meter. EA 1 $2,000.00 $2,000.00 $8,500.00 $8,500.00 $4,100.00 $4,100.00 $14,550.00 $14,550.00 $20,000.00 $20,000.00 $1,798.00 $1,798.00 $33,000.00 $33,000.00 37 Protect Existing 8" Fire Service in Place. Remove Interfering Portion of Existing Pipe and Make Necessary Connection to Existing 8" Service. EA 1 $800.00 $800.00 $10,000.00 $10,000.00 $6,400.00 $6,400.00 $16,135.00 $16,135.00 $30,000.00 $30,000.00 $7,192.00 $7,192.00 $41,300.00 $41,300.00 38 Remove Existing Air Release Valve Assembly. EA 1 $700.00 $700.00 $2,000.00 $2,000.00 $1,700.00 $1,700.00 $995.00 $995.00 $3,000.00 $3,000.00 $2,397.00 $2,397.00 $1,600.00 $1,600.00 39 Construct New Air Release Valve Assembly. EA 4 $2,000.00 $8,000.00 $5,000.00 $20,000.00 $7,000.00 $28,000.00 $7,680.00 $30,720.00 $5,000.00 $20,000.00 $5,669.00 $22,676.00 $16,000.00 $64,000.00 40 Construct New 1" Sample Station Assembly. EA 1 $3,400.00 $3,400.00 $6,500.00 $6,500.00 $6,800.00 $6,800.00 $7,650.00 $7,650.00 $5,000.00 $5,000.00 $5,758.00 $5,758.00 $15,200.00 $15,200.00 41 Directional Drilling of 8" DIP Under Existing Flood Control Channel LS 1 $100,000.00 $100,000.00 $135,000.00 $135,000.00 $113,000.00 $113,000.00 $305,000.00 $305,000.00 $400,000.00 $400,000.00 $299,161.00 $299,161.00 $415,000.00 $415,000.00 42 Construct 8-inch Water Main Under Existing Conflicting Utility Structure per The Pipe Crossing Bend Detail As Needed. EA 23 $2,600.00 $59,800.00 $3,000.00 $69,000.00 $5,050.00 $116,150.00 $8,800.00 $202,400.00 $3,000.00 $69,000.00 $4,890.00 $112,470.00 $19,700.00 $453,100.00 43 Install 2-Sack Slurry Backfill. CY 3 $500.00 $1,500.00 $650.00 $1,950.00 $362.00 $1,086.00 $500.00 $1,500.00 $500.00 $1,500.00 $330.00 $990.00 $1,300.00 $3,900.00 44 Sawcut and Remove Existing Sidewalk. Construct New PCC Sidewalk Per City of Glendora S.D. and S.NO. 1.02. SF 5100 $12.00 $61,200.00 $25.00 $127,500.00 $14.00 $71,400.00 $14.00 $71,400.00 $22.00 $112,200.00 $36.00 $183,600.00 $13.00 $66,300.00 45 Sawcut and Remove Existing Driveway. Construct New PCC Driveway Per City of Glendora S.D. and S.NO. 1.14. SF 3800 $14.00 $53,200.00 $28.00 $106,400.00 $15.00 $57,000.00 $17.00 $64,600.00 $25.00 $95,000.00 $36.00 $136,800.00 $20.00 $76,000.00 46 Remove Existing AC Pavement and Base and Construct 6-Inch Thick Full Depth AC Slot Repair. SF 200 $7.00 $1,400.00 $38.00 $7,600.00 $19.00 $3,800.00 $20.00 $4,000.00 $20.00 $4,000.00 $30.00 $6,000.00 $10.00 $2,000.00 47 Adjust Water Meter Box to GradeEA 14 $200.00 $2,800.00 $650.00 $9,100.00 $850.00 $11,900.00 $87.00 $1,218.00 $500.00 $7,000.00 $1,188.00 $16,632.00 $860.00 $12,040.00 48 Adjust Telecom Pull Box to GradeEA 5 $1,000.00 $5,000.00 $1,500.00 $7,500.00 $525.00 $2,625.00 $1,750.00 $8,750.00 $2,000.00 $10,000.00 $1,782.00 $8,910.00 $1,300.00 $6,500.00 49 Root Pruning and Install Tree Root Barrier per SPPWC Std. Plan 523-2. LF 110 $40.00 $4,400.00 $60.00 $6,600.00 $15.00 $1,650.00 $75.00 $8,250.00 $80.00 $8,800.00 $98.00 $10,780.00 $220.00 $24,200.00 50 Remove and Dispose Tree, Tree Stump, and Interfering Roots. Backfill Hole and Compact/Re-grade. EA 4 $3,000.00 $12,000.00 $2,000.00 $8,000.00 $1,600.00 $6,400.00 $2,000.00 $8,000.00 $3,000.00 $12,000.00 $4,344.00 $17,376.00 $2,700.00 $10,800.00 51 Sawcut and Remove Existing PCC Driveway. SF 620 $6.00 $3,720.00 $10.00 $6,200.00 $4.00 $2,480.00 $9.00 $5,580.00 $10.00 $6,200.00 $17.00 $10,540.00 $8.00 $4,960.00 52 Sawcut and Remove Existing PCC and AC berm SF 204 $6.00 $1,224.00 $37.00 $7,548.00 $8.00 $1,632.00 $24.00 $4,896.00 $10.00 $2,040.00 $17.00 $3,468.00 $9.00 $1,836.00 53 Sawcut and remove existing asphalt concrete, base, and subgrade materials to 18.5" depth for roadway construction, including excess dirt for driveway and sidewalk construction CY 32 $70.00 $2,240.00 $200.00 $6,400.00 $150.00 $4,800.00 $320.00 $10,240.00 $400.00 $12,800.00 $633.00 $20,256.00 $350.00 $11,200.00 54 Remove and dispose existing orange tree, including roots and stump EA 1 $1,400.00 $1,400.00 $2,000.00 $2,000.00 $1,600.00 $1,600.00 $600.00 $600.00 $1,000.00 $1,000.00 $4,896.00 $4,896.00 $1,799.00 $1,799.00 55 Remove and salvage existing traffic sign EA 1 $300.00 $300.00 $650.00 $650.00 $250.00 $250.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $168.00 $168.00 $600.00 $600.00 56 Construct 8? PCC curb and gutter per City of Glendora S.D. & S. No. 1.02 LF 81 $60.00 $4,860.00 $120.00 $9,720.00 $48.00 $3,888.00 $75.00 $6,075.00 $150.00 $12,150.00 $254.00 $20,574.00 $120.00 $9,720.00 57 Construct PCC sidewalk per City of Glendora S.D. & S. No. 1.02 SF 395 $12.00 $4,740.00 $30.00 $11,850.00 $9.00 $3,555.00 $10.00 $3,950.00 $30.00 $11,850.00 $45.00 $17,775.00 $20.00 $7,900.00 58 Construct PCC driveway approach per City of Glendora S.D. & S. No. 1.14, including installing #4-12" long dowels to connect new driveway approach to existing driveway SF 175 $14.00 $2,450.00 $40.00 $7,000.00 $27.00 $4,725.00 $12.00 $2,100.00 $35.00 $6,125.00 $62.00 $10,850.00 $37.00 $6,475.00 59 Construct stamped PCC driveway area to matching existing PCC thickness, color, pattern, and texture SF 275 $15.00 $4,125.00 $55.00 $15,125.00 $24.00 $6,600.00 $45.00 $12,375.00 $50.00 $13,750.00 $65.00 $17,875.00 $30.00 $8,250.00 60 Construct crushed aggregate baseTON 19 $50.00 $950.00 $125.00 $2,375.00 $45.00 $855.00 $230.00 $4,370.00 $250.00 $4,750.00 $368.00 $6,992.00 $220.00 $4,180.00 61 Construct asphalt concrete base course (PG 64-10-B) TON 8 $200.00 $1,600.00 $350.00 $2,800.00 $286.00 $2,288.00 $750.00 $6,000.00 $600.00 $4,800.00 $929.00 $7,432.00 $460.00 $3,680.00 62 Construct asphalt concrete surface course (PG 64-10-C) TON 5 $300.00 $1,500.00 $350.00 $1,750.00 $406.00 $2,030.00 $750.00 $3,750.00 $650.00 $3,250.00 $851.00 $4,255.00 $460.00 $2,300.00 Bennett Ave, Washington Ave, Westridge Ave, Bender Ave, Water and Street Improvements (#8329015) Gentry Brothers, Inc. Big Ben Engineering
SULLY-MILLER CONTRACTING
COMPANY
Stephen Doreck Equipment
Rentals, Inc.
Dominguez General Engineering,
inc. TE Roberts Inc. Hardy & Harper, Inc.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF GLENDORA
and
GENTRY BROTHERS, INC.
DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 29
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01240.0001/535311.1 A-1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GLENDORA AND
GENTRY BROTHERS, 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 GENTRY BROTHERS, 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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 30
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Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339, 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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 31
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accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Steve Gentry
President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 32
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such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(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, DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 33
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Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement 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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 34
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City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
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costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $4,431,996.50 (Four Million Four Hundred Thirty-One Thousand Nine Hundred Ninety-Six Dollars and Fifty Cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
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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:
Steve Gentry, President
Wayne Gentry, Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
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.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’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.
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(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of 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.
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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. 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, 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’ DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 43
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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:
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(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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 46
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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.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by 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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 48
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any 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.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 50
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Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 51
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such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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 DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 52
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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 ___________________
Steve Gentry
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:
Gentry Brothers, Inc.
Name: Steve Gentry
Title: President
Email Address: [email protected]
Name: Wayne Gentry
Title: Secretary
Email Address: [email protected]
Address: 384 E Live Oak Avenue, Irwindale CA, 91706
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.STE DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Jan 26, 2023 | 2:56 PM PST
Jan 30, 2023 | 7:44 AM PST
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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 Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Bennett Ave, Washington Ave, Westridge Ave, and Bender Ave consists of installing 7335 lineal feet of new 8-inch water main and 329,000 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.
This project will include a striping concept which will incorporate marked bike lanes.
Street improvement plans should include sufficient details necessary for constructions, including typical sections. Additionally, this project includes improvements to address drainage issues. The new water main will go under the existing storm drain across Bennett Ave.
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.
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:
Bid Schedule A:
Item Description Quantity Unit Unit Price Total Price
1 Bonding, Mobilization & Insurance 1 LS $325,107.50 $325,107.50 2 Construction Staking 1 LS $20,000.00 $20,000.00
3 Re-establish Survey Monument Including
Tie Out 7 EA $500.00 $3,500.00
4 Traffic Control 1 LS $600,000.00 $600,000.00
5 Traffic Signing, Striping, Pavement Markers
and Pavement Markings. 1 LS $97,000.00 $97,000.00
6 Grind and Cold Mill Roadway to Depth of
2.5". 329,100 SF $0.50 $164,550.00
7 Construct Uniform 2.5" Thick ARHM
Surface Course. 5,150 TON $110.00 $566,500.00
8 Remove Existing AC Pavement and Base
and Construct 6-Inch Thick Full Depth AC
Slot Repair.
6,140 SF
$4.00 $24,560.00
9 Adjust Water Valve Frame and Cover to
Grade 89 EA $200.00 $17,800.00
10 Adjust Storm Drain Manhole Frame and
Cover to Grade 5 EA $600.00 $3,000.00
11 Adjust Sewer Manhole Frame and Cover to
Grade 23 EA $600.00 $13,800.00
12 Adjust Telecom Manhole Frame and Cover
to Grade 5 EA $800.00 $4,000.00
13 Re-Install Type D or Type E Traffic Loop (6'
Diameter) 25 EA $450.00 $11,250.00
14 Sawcut and Remove Existing Curb Ramp.
Construct New PCC Curb Ramp Per
SPPWC Std. Plan No. 111-5.
20 EA
$7,000.00 $140,000.00
15 Sawcut and Remove Existing Curb and
Gutter. Construct New PCC Curb and
Gutter Per SPPWC Std. Plan No. 120-3,
Type A2-8.
2,510 LF
$75.00 $188,250.00
16 Sawcut and Remove Existing Cross
Gutter/Spandrel. Construct New PCC
Cross Gutter/Spandrel Per SPPWC Std.
Plan No. 122-3.
4,340 SF
$14.00 $60,760.00
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Item Description Quantity Unit Unit Price Total Price
17 Sawcut and Remove Existing Sidewalk.
Construct New PCC Sidewalk Per City of
Glendora S.D. and S.NO. 1.02.
3,280 SF
$12.00 $39,360.00
18 Adjust Water Meter Box to Grade 3 EA $150.00 $450.00 19 Adjust Telecom Manhole Frame and Cover
to Grade 1 EA $600.00 $600.00
20 Remove and Replace Traffic Signal Pull
Box to Grade 9 EA $1,600.00 $14,400.00
21 Sawcut and Remove Existing
Curb/Parkway Drain. Construct New
Curb/Parkway Drain Per SPPWC Std. Plan
No. 150-4 or 151-3.
3 EA
$4,000.00 $12,000.00
22 Root Pruning and Install Tree Root Barrier
per SPPWC Std. Plan 523-2. 60 LF $40.00 $2,400.00
23 Construct 8-inch Ductile Iron Water Main,
Class 350. 7,340 LF $160.00 $1,174,400.00
24 Install 4" Gate Valve with Valve Box
Assembly. 1 EA $2,000.00 $2,000.00
25 Install 8" Gate Valve with Valve Box
Assembly. 32 EA $3,000.00 $96,000.00
26 Install Hydra-Stop Insta-Valve or Approved
Equal to Existing 6" Main 1 EA $7,000.00 $7,000.00
27 Install Hydra-Stop Insta-Valve or Approved
Equal to Existing 8" Main 1 EA $8,000.00 $8,000.00
28 Install 6"X6"X6" Flanged Tee and Tie into
Existing 6" Main 2 EA $2,000.00 $4,000.00
29 Install 8"X8"X8" Flanged Tee and Tie into
Existing 8" Main
10 EA $2,000.00 $20,000.00
30 Install 8"X10"X10" Flanged Tee and Tie into
Existing 10" Main
2 EA $3,500.00 $7,000.00
31 Install 8" to 6" Reducer, (MJ X MJ). 2 EA $1,000.00 $2,000.00 32 Install 10" to 8" Reducer, (MJ X MJ). 2 EA $800.00 $1,600.00 33 Install 1" Service Assembly with New Meter
Box and Abandon Existing Service
Connection at Main. Connect to Existing
3/4" Meter. City to Provide New Meter Box.
104 EA
$2,000.00 $208,000.00
34 Install 1" Service Assembly with New Meter
Box and 3/4" Meter. City to Provide New
Meter and Meter Box.
17 EA
$2,200.00 $37,400.00
35 Remove Existing Fire Hydrant Assembly
and Construct New Fire Hydrant Assembly.
Deliver Old Fire Hydrant to City Water Yard.
14 EA
$15,000.00 $210,000.00
36 Protect Existing 4" Meter and Vault in Place.
Remove Interfering Portion of Existing Pipe
and Make Necessary Connection to
Existing 4" Meter.
1 EA
$2,000.00 $2,000.00
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Item Description Quantity Unit Unit Price Total Price
37 Protect Existing 8" Fire Service in Place.
Remove Interfering Portion of Existing Pipe
and Make Necessary Connection to
Existing 8" Service.
1 EA
$800.00 $800.00
38 Remove Existing Air Release Valve
Assembly.
1 EA $700.00 $700.00
39 Construct New Air Release Valve
Assembly.
4 EA $2,000.00 $8,000.00
40 Construct New 1" Sample Station
Assembly.
1 EA $3,400.00 $3,400.00
41 Jacking and Boring of 8" DIP Under Existing
Flood Control Channel
1 LS $100,000.00 $100,000.00
42 Construct 8-inch Water Main Under Existing
Conflicting Utility Structure per The Pipe
Crossing Bend Detail As Needed.
23 EA
$2,600.00 $59,800.00
43 Install 2-Sack Slurry Backfill. 3 CY $500.00 $1,500.00 Bid Schedule A Total $4,262,887.50
Bid Schedule B – Additive Alternate
Item Description Quantity Unit Unit Price Total Price
44 Sawcut and Remove Existing Sidewalk.
Construct New PCC Sidewalk Per City of
Glendora S.D. and S.NO. 1.02.
5,100 SF $12.00 $61,200.00
45 Sawcut and Remove Existing Driveway.
Construct New PCC Driveway Per City of
Glendora S.D. and S.NO. 1.14.
3,800 SF $14.00 $53,200.00
46 Remove Existing AC Pavement and Base
and Construct 6-Inch Thick Full Depth AC
Slot Repair.
200 SF $7.00 $1,400.00
47 Adjust Water Meter Box to Grade 14 EA $200.00 $2,800.00 48 Adjust Telecom Pull Box to Grade 5 EA $1,000.00 $5,000.00 49 Root Pruning and Install Tree Root Barrier
per SPPWC Std. Plan 523-2. 110 LF $40.00 $4,400.00
50 Remove and Dispose Tree, Tree Stump,
and Interfering Roots. Backfill Hole and
Compact/Re-grade.
4 EA $3,000.00 $12,000.00
Bid Schedule B Total $140,000.00
Bid Schedule C – Additive Alternate
Item Description Quantity Unit Unit Price Total Price
51 Sawcut and Remove Existing PCC
Driveway. 620 SF $6.00 $3,720.00
52 Sawcut and Remove Existing PCC and
AC berm 204 SF $6.00 $1,224.00
53 Sawcut and remove existing asphalt
concrete, base, and subgrade materials
to 18.5" depth for roadway construction,
32 CY
$70.00 $2,240.00
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01240.0001/535311.1 C-4
including excess dirt for driveway and
sidewalk construction
54 Remove and dispose existing orange
tree, including roots and stump 1 EA $1,400.00 $1,400.00 55 Remove and salvage existing traffic sign 1 EA $300.00 $300.00 56 Construct 8” PCC curb and gutter per
City of Glendora S.D. & S. No. 1.02 81 LF $60.00 $4,860.00 57 Construct PCC sidewalk per City of
Glendora S.D. & S. No. 1.02 395 SF $12.00 $4,740.00
58 Construct PCC driveway approach per
City of Glendora S.D. & S. No. 1.14,
including installing #4-12" long dowels to
connect new driveway approach to
existing driveway
175 SF
$14.00 $2,450.00
59 Construct stamped PCC driveway area
to matching existing PCC thickness,
color, pattern, and texture
275 SF
$15.00 $4,125.00
60 Construct crushed aggregate base 19 TON $50.00 $950.00 61 Construct asphalt concrete base course
(PG 64-10-B) 8 TON $200.00 $1,600.00
62 Construct asphalt concrete surface
course (PG 64-10-C) 5 TON $300.00 $1,500.00
Bid Schedule C Total $29,109.00
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.
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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 60
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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 120 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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01240.0001/535311.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to GENTRY BROTHERS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339;
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 $4,431,996.50 (Four Million Four Hundred Thirty-One Thousand Nine Hundred Ninety-Six Dollars and Fifty 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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 62
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 63
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01240.0001/535311.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to GENTRY BROTHERS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows:
Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339;
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 $4,431,996.50 (Four Million Four Hundred Thirty-One Thousand Nine Hundred Ninety-Six Dollars and Fifty 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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 64
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 65
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01240.0001/535311.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Bennett Ave, Washington Ave, Westridge Ave, Bender Ave Water and Street Improvements, Plan No. 1338 & 1339; 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.
DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 67
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 68
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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)
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 70
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 71
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 72
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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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 73
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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.
DocuSign Envelope ID: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 74
Meeting Date: 2/14/2023 / Packet Page #: 429
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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 75
Meeting Date: 2/14/2023 / Packet Page #: 430
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: 892CEEB0-098C-4D18-8562-97A721547A4D Item #13. Page 76
Meeting Date: 2/14/2023 / Packet Page #: 431
Alison Sweet, P.E.
City Engineer Date Approved
Specifications for
BENNETT AVE, WASHINGTON AVE, WESTRIDGE AVE, BENDER AVE
WATER AND STREET IMPROVEMENTS
PLAN NO. 1338 & 1339
FOR USE IN CONNECTION WITH THE
STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION,
LATEST EDITION
BID OPENING
DATE &TIME: DECEMBER 01, 2022
10:00 AM
10/31/2022
Item #13. Page 77
Meeting Date: 2/14/2023 / Packet Page #: 432
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 #13. Page 78
Meeting Date: 2/14/2023 / Packet Page #: 433
Revised 10/2022
NOTICE INVITING BIDS
SECTION I