Agenda packet — Glendora City Council, February 28, 2023 (part 2 of 2)

LS 1 $15,000 $15,000
5 Remove existing and install tennis/pickleball
net post sleeve and center strap ground anchor
assembly, complete per plan at each location.

EA 5 $1,000 $5,000
6 Remove existing and install courts washing
hose bib assembly, complete per plan and
specifications.

EA 2 $700 $1,400
7 Refurbish, prepare, and paint existing court
light post. LS 1 $775 $775
8 Remove existing and install 12-feet high court
chain link fence, complete per plan and
specifications including footings.

LF 490 $247 $121,030
9 Remove existing and install court chain link
gate at (3) three locations, complete per plan
and specifications.

LS 1 $17,000 $17,000
10 Furnish and provide to the City tennis net and
posts assembly complete per specifications. EA 1 $825 $825 11 Furnish and provide to the City pickleball net
and posts assembly complete per
specifications.

EA 4 $750 $3,000
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01240.0001/535311.1 C-2
12 Construct temporary PCC step with 6-inch
SCH 40 PVC drain pipe at court chain link
gate complete per plan.

EA 1 $1,000 $1,000
13 Remove existing tennis/pickleball court
surfacing, prepare and resurface court slab
with new paint coatings, complete per plan
and specifications.

LS 1 $35,000 $35,000
Not to Exceed Total $295,830
 Quantity may be changed or item may be deleted
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

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

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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 25 Working Days May 26, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

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

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PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to NOHO CONSTRUCTORS, as Contract for the work entitled and described as follows: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1; 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 Two Hundred Ninety-Five Thousand Eight Hundred Thirty Dollars ($295,830), 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: 9BA4B633-1AD1-446A-B353-5BCA03A24DA6 Item #12. Page 47
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Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to NOHO CONSTRUCTORS, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1;
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 Two Hundred Ninety-Five Thousand Eight Hundred Thirty Dollars ($295,830), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

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Executed on , 20___.

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

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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Finkbiner Park Tennis and Pickleball Court
Improvements, Plan No. 1365-1
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

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

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

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

NOTICE:

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

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ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 9BA4B633-1AD1-446A-B353-5BCA03A24DA6 Item #12. Page 53
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to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

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

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

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

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: 9BA4B633-1AD1-446A-B353-5BCA03A24DA6 Item #12. Page 56
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to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

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

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

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

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

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

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

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

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

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

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

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

FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS PLAN NO. 1365-1

FOR USE IN CONNECTION WITH THE

STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION, 2021 EDITION

BID OPENING
Thursday, December 29, 2022
10:00 AM
Maliha F Ansari, P.E.

City Engineer Date Approved
12/05/2022
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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

AGREEMENT V

GENERAL PROVISIONS VI

ESCROW AGREEMENT IN LIEU OF RETENTION VII

SPECIAL PROVISIONS VIII

NPDES REQUIREMENTS IX

VICINITY MAP X

STANDARD DRAWINGS XI
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Revised 09/2018

NOTICE INVITING BIDS

SECTION I

Page 5 ends

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Glendora, County of Los Angeles, California (hereinafter "City") will receive and accept sealed bids ONLY via the online electronic bid service, www.questcdn.com , until 10:00 a.m. on Thursday, December 29, 2022 for: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1 (hereinafter "work").

NO BIDS WILL BE ACCEPTED AFTER THIS DATE AND TIME!
Each BID must conform and be responsive to all requirements set forth in the BID. In order to purchase and download project plans and specifications, bidders will need to register with the provider of this service, Quest Construction Data Network. Bid documents can be downloaded electronically for a non-refundable fee of $15.00 by providing QuestCDN Project Number 8350108 on the Project Search Page on the Quest website www.questcdn.com. You can contact QuestCDN at 952-233-1632 or [email protected] for assistance in membership registration and downloading this digital project information. For questions regarding the bid documents or for project information, please contact Civil Engineering Assistant, Alexis Escobar at (626) 852-4845 or [email protected].

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

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

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

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

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

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

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

Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to insure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. The City of Glendora reserves the right to reject any and all proposals, to waive any informalities in any proposal and select the one that best meets the City’s needs.

Kathleen R. Sessman, MMC
City Clerk
City of Glendora
Publish in SAN GABRIEL VALLEY EXAMINER (Ad Type: Legal): December 8, 2022 and December 15, 2022 End Section I - Notice Inviting Bids
Item #12. Page 66
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INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS
WORK IDENTIFICATION: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1.

1. Terms Defined

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

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

2. Copies of Contract Documents

2.1 Complete sets of Contract Documents may be purchased and downloaded through www.QuestCDN.com, as stated in the Notice Inviting Bids. Complete sets of Contract Documents shall be used in preparing bids. The bidder must satisfy for himself that he has downloaded a complete set of Contract Documents and is included in Plan Holder’s List. Neither the City nor its Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

3. Qualifications of Bidder

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

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

4. Examination of Contract Documents and Site

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

4.2 Pursuant to Public Contract Code Section 3400 and the Contract Documents, all specifications shall be deemed to include the words "or equal", provided however; permissible exceptions hereto shall be specifically noted in the specifications. [P.C.C. Section 3400].

4.3 Reports, if any, of investigations and tests of subsurface and latent physical conditions at the work site or otherwise effecting cost, progress or performance of the work, which have been relied upon by the Engineer in preparing the drawings and specifications, are identified in the Special Conditions. City will make copies of such reports available to any bidder upon request. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his bid, the bidder shall, at his Item #12. Page 67
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own expense, make such additional investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in strict accordance with the Contract Documents.

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

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

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

5. Interpretation

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

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

5.3 All interpretations shall be issued by written Addenda through www.QuestCDN.com. An email notification will be distributed by QuestCDN to all Plan Holders regarding posting of Addenda, but it shall be the bidder's responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under his bid as submitted.

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

6. Bid Proposal

6.1 Each bid must be on a Bid Proposal furnished by the City as part of the Contract Documents. Any change in, or addition to, the Bid Proposal or any other modification of the Bid Proposal which is not specifically called for in the Contract Documents or the omission from the Bid Proposal of any information or response which is specially called for in the Contract Documents may result in the City's rejection of the bid as not being responsive to the Notice Inviting Bids.

6.2 All blanks in the Bid Proposal must be appropriately responded to. If an answer or other response to a blank is not applicable, the blank shall be responded to with "N.A.".

6.3 The Bid Proposal must be submitted electronically through www.QuestCDN.com. The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

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

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

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

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

7. Submission of Bid

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

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

In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.

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

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

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

10. Award of Contract

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

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

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

11. Delivery of Agreement

11.1 Within seven (7) days after bid opening, the lowest bidder shall sign and deliver at least two (2) counterparts of the labor and materials bond, faithful performance bond, certificate regarding workers' compensation, insurance certificates, proof of a valid City of Glendora business license and any other Item #12. Page 69
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documents required by the Contract Documents. The bonds and workers' compensation certificate shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. Within fifteen (15) days before the award, the City will deliver the electronic copy of the Agreement to the successful bidder via DocuSign. Contractor must sign the Agreement on DocuSign within ten(10) days before the award.

Within ten (10) days after award, the City will deliver one fully signed electronic copy of the Agreement.

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

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

12. Signatures

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

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

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

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

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

13. Time for Commencement and Completion

13.1 Unless otherwise specified in the Special Conditions, the contractor shall:
(a) commence the work within (30) days after the award of the contract by the City Council; and (b) diligently prosecute the work to completion within twenty-five (25) working days after the commencement of work.

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

End Section II - Instruction to Bidders
Item #12. Page 70
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BID PROPOSAL (Part 1)

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BID PROPOSAL
WORK IDENTIFICATION: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1.

NAME OF BIDDER:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (DIR):

No. City Expiration Date

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

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

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

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

3. Schedule
Item #12. Page 71
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Bidder understands that early completion is important to the City. Therefore, time being of the essence, bidder proposes that the work will be commenced and will be completed within the time specified in Article 13 of the Instruction to Bidders.

4. Addenda
Bidder acknowledges receipt of Addenda identified as:

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

Contract Class Date
Amount of Work Completed Name, Address, Phone Number of Owner

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

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

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

IF BIDDER IS:

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

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

Phone No.: ( )
Item #12. Page 73
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BID PROPOSAL (Part 1)

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A Corporation
(Corporation Name) (State of Incorporation)
By
(Person Authorized to Sign) (Title)
(Corporate Seal) Attest
(Secretary)
Business address:

Phone No.: ( )
A Joint Venture
By
(Name)
(Address & Phone No.)
By
(Name)
(Address & Phone No.)
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
State of California
ss.

County of Los Angeles
, being first duly sworn, deposes and says that he or she is of , the party making the
foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. [P.C.C. Section 7106]
End Section III - Proposal (Part 1)
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PROPOSAL (Part 2 - Unit Price List)

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Unit Price List
WORK IDENTIFICATION: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1.

NAME OF BIDDER:

ADDRESS: PHONE NO:

EMAIL ADDRESS:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (D.I.R.)
No. City Expiration Date
Item Description Quantity Unit Unit Price Total Price
1 Mobilization 1 LS $ $
2 Remove existing and construct 8-inch wide
PCC curb, complete per plan and
specifications.
380 LF $ $
3 Remove existing and construct curb and
gutter per civil grading plan. 140 LF $ $
4 Remove existing and construct NDS Filcoten
trench drain, complete assembly per plan
including concrete base, catch basin, PVC
drain pipe, fittings, drain grates, and existing
curb opening.
1 LS $ $
5 Remove existing and install tennis/pickleball
net post sleeve and center strap ground
anchor assembly, complete per plan at each
location.
5 EA $ $
6 Remove existing and install courts washing
hose bib assembly, complete per plan and
specifications.
2 EA $ $
7 Refurbish, prepare, and paint existing court
light post. 1 LS $ $
8 Remove existing and install 12-feet high court
chain link fence, complete per plan and
specifications including footings.
490 LF $ $
9 Remove existing and install court chain link
gate at (3) three locations, complete per plan
and specifications.
1 LS $ $
10 Furnish and provide to the City tennis net and
posts assembly complete per specifications. 1 EA $ $
11 Furnish and provide to the City pickleball net
and posts assembly complete per
specifications.
4 EA $ $
12 Construct temporary PCC step with 6-inch
SCH 40 PVC drain pipe at court chain link
gate complete per plan.
1 EA $ $
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PROPOSAL (Part 2 - Unit Price List)

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Item Description Quantity Unit Unit Price Total Price
13 Remove existing tennis/pickleball court
surfacing, prepare and resurface court slab
with new paint coatings, complete per plan
and specifications.
1 LS $ $
GRAND TOTAL PROJECT BID COST: $ ______________________

In Words
The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.
(Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

In case of error in extension of price into
Total Price Column, the Unit Price will
govern.

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BID BOND

SECTION IV

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

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BID BOND

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BID BOND
KNOW ALL MEN BY THESE PRESENTS:

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

Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1.

NOW, THEREFORE, we, the Contractor, as Principal, and a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bond unto the City, as Obligee, in the sum of dollars
($ ) lawful money of the United States of America, said sum being not less than ten (10) percent of the bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

IN WITNESS THEREOF, we have hereunto set our hands and seal this day of
, 2022.
(Corporate Seal)
(Principal)
By
Title
(Corporate Seal)
(Surety)
By
Title
[P.C.C. Sections 20170, 20171]
End Section IV - Bid Bond
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AGREEMENT

SECTION V
FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
_____________________________________
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AGREEMENT

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Glendora, a California municipal corporation (“City”) and ________________, _________________ (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

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AGREEMENT

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
(Name)
(Title)
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the Item #12. Page 83
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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, 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.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 (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 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.

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1.9 Further Responsibilities of Parties.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such Item #12. Page 86
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

Coordination of the performance of the work with City is a critical component of the services. If Item #12. Page 87
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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.

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 Item #12. Page 88
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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 ( ) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for ( ) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name), (Title)
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 (Name), (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

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

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

4.2 Status of Contractor.

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

4.3 Contract Officer.

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

4.4 Independent Contractor.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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.
(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 Item #12. Page 93
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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’ 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 Item #12. Page 94
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

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

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(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.

Item #12. Page 95
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

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

5.7 Substitution of Securities.

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

5.8 Release of Securities.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

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

Item #12. Page 97
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6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

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

Item #12. Page 99
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7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (One Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to Item #12. Page 100
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

7.11 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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.

Item #12. Page 102
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 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 ___________________
(Name)
(Title)

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
Item #12. Page 104
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
(INSERT COMPANY NAME)
Name:(Insert Name)
Title: (Insert Title)
Email Address
Name:(Insert Name)
Title: (Insert Title)
Email Address
Address:
______________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

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.

Item #12. Page 105
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FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS, PLAN NO. 1365-1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF ____________
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Item #12. Page 107
Meeting Date: 2/28/2023 / Packet Page #: 384
01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This scope of work entails resurfacing the existing tennis courts with tennis and pickleball court striping, replacing perimeter concrete and fencing, and installing new trench drain at Finkbiner Park.

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

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

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

Item #12. Page 108
Meeting Date: 2/28/2023 / Packet Page #: 385
01240.0001/535311.1 B-1
EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following to Section 2.4 - Invoices:

In the event, a preliminary notice is posted by a subcontractor / supplier / manufacturer / vendor, an unconditional release will be required prior to releasing monies to the Contractor. Alternatively, an amount not to exceed the amount referred in the preliminary notice will be jointly released to the Contractor and the originator of the said notice with a conditional release from the said subcontractor / supplier / manufacturer / vendor.

II. ARTICLE 3. PERFORMANCE SCHEDULE
Add the following to Section 3.1 – Time of Essence:

Time being of the essence, the Contractor shall commence the work and shall diligently pursue the work to completion within the time stated in Article 13 of the Instructions to Bidders, and upon the work schedule, if any, as specified in the Special Conditions, except as such time may be extended in writing by the City in accordance with Section 3.2 and the provisions of the General Conditions.

III. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
Remove Section 5.1 (c) - Professional liability (errors & omissions) insurance.

Item #12. Page 109
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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:

Line
Item Item Description
Unit of
Measure Quantity Unit Price Extension
1 Mobilization LS 1
2 Remove existing and construct 8-inch wide
PCC curb, complete per plan and
specifications.

LF 380
3 Remove existing and construct curb and
gutter per civil grading plan. LF 140
4 Remove existing and construct NDS Filcoten
trench drain, complete assembly per plan
including concrete base, catch basin, PVC
drain pipe, fittings, drain grates, and existing
curb opening.

LS 1
5 Remove existing and install tennis/pickleball
net post sleeve and center strap ground anchor
assembly, complete per plan at each location.

EA 5
6 Remove existing and install courts washing
hose bib assembly, complete per plan and
specifications.

EA 2
7 Refurbish, prepare, and paint existing court
light post. LS 1
8 Remove existing and install 12-feet high court
chain link fence, complete per plan and
specifications including footings.

LF 490
9 Remove existing and install court chain link
gate at (3) three locations, complete per plan
and specifications.

LS 1
10 Furnish and provide to the City tennis net and
posts assembly complete per specifications. EA 1
11 Furnish and provide to the City pickleball net
and posts assembly complete per
specifications.

EA 4
Item #12. Page 110
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01240.0001/535311.1 C-2
12 Construct temporary PCC step with 6-inch
SCH 40 PVC drain pipe at court chain link
gate complete per plan.

EA 1
13 Remove existing tennis/pickleball court
surfacing, prepare and resurface court slab
with new paint coatings, complete per plan
and specifications.

LS 1
Not to Exceed Total
• 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.

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

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

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

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

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

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

Item #12. Page 111
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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 25 Working Days April 28, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

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

Item #12. Page 112
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01240.0001/535311.1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contract for the work entitled and described as follows: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Item #12. Page 113
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01240.0001/535311.1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Item #12. Page 114
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01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

Item #12. Page 115
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01240.0001/535311.1
Executed on , 20___.

Item #12. Page 116
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01240.0001/535311.1

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #12. Page 117
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

NOTICE:

Item #12. Page 118
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #12. Page 119
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to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #12. Page 120
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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)
Item #12. Page 121
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #12. Page 122
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #12. Page 123
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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)
Item #12. Page 124
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01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

Item #12. Page 125
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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

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

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

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
Item #12. Page 126
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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)
Item #12. Page 127
Meeting Date: 2/28/2023 / Packet Page #: 404

GENERAL PROVISIONS

SECTION VI

Page 67 ends

STANDARD SPECIFICATIONS
WORK IDENTIFICATION: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1.

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

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

Only those sections requiring elaborations, amendments, specifying of options, or additions are called out.

Item #12. Page 128
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Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 68 ends

FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS PLAN NO. 1365-1
PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL.
1-1 GENERAL.

Add the following:

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

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

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

Add the following:

City The City of Glendora.

City Clerk The City Clerk or Secretary of the City.

City Council The City Council or Agency of the City.

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

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

Contract Officer Engineer or such person as may be designated by the City Manager. 1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.2 Subcontractor Listing.

Add the following subsections:
1-6.2.1 Subcontractor Bound by Contract.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City.
1-6.2.2 City Consent to Subcontractor.

Item #12. Page 129
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GENERAL PROVISIONS

SECTION VI

Page 69 ends

The City's consent to, or approval of, any subcontractor under the contract shall not in any way relieve Contractor of his obligations under the contract and no such subcontract or approval thereof shall be deemed to waive any provision of the contract between the City and Contractor.

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

Add the following to the first paragraph:

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

Add the following to the second paragraph:

The City shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

Add the following subsection:
2-4.1 Cutting and Patching.

Contractor shall do all cutting, fitting, or patching of the work as required to make its several parts come together properly and fit to receive or be received by work of other contractors showing upon, or reasonably implied by, the drawings and specifications for the completed project, and he shall make good after them as the City Engineer may direct. All cost caused by defective or ill-timed work shall be borne by party responsible therefor.

Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor, except with written consent of the City Engineer.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.2 Temporary Utility Services.

Add the following to the first paragraph:

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

Upon completion of work, Contractor shall remove all temporary distribution systems.

Replace the second paragraph with the following:

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

Item #12. Page 130
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Revised 10/2022

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SECTION VI

Page 70 ends

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

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

Add the following:

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

Replace this subsection with the following:

Haul route shall be Grand Ave and Foothill Blvd.
2-8 EXTRA WORK.

Add the following:

Any item considered to be extra work must be reported to the City immediately. All Extra Work claims shall be submitted in writing within 24 hours of encountering the extra work. Submittal of false claims is punished by State law and in addition, the contractor shall reimburse the City for all employees’ costs and other fees spent on researching and reconciling the false claim.

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

Add the following:

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

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

Item #12. Page 131
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GENERAL PROVISIONS

SECTION VI

Page 71 ends

Add the following subsection:
3-8.7 Recycled Materials Certificate.

The Contractor shall file with the Engineer, prior to the acceptance of the work, a Recycled Materials Certificate. The Recycled Materials Certificate shall list all recycled materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material origination location, e) Material deposition location. Certificate shall comply with all AB939 requirements.
3-9 SUBSURFACE DATA.

Add the following:

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

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

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

Add the following subsection:
3-10.3 Payment
Payment for surveying shall be considered as included in other items of work and shall include Item #12. Page 132
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full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for performing surveying and no additional compensation will be made therefor. 3-12 WORK SITE MAINTENANCE.
3-12.1 General.

Add the following to the first paragraph:

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

Replace the second paragraph with the following:

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

Add the following:

Contractor shall, at his sole expense, protect and care for all work until the contract has been fulfilled to the satisfaction of, and the work has been accepted in writing by, the City Engineer. 3-12.2 Air Pollution Control.

Add the following:

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

Add the following:

The Contractor shall confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the Engineer.

With respect to any premises, tools or equipment of the City made use of in the performance of the contract, Contractor shall have inspected the same prior to use, have accepted them in good safe condition and have agreed to maintain them in a safe condition for the protection of workmen while using them during the performance of the work. 3-12.6 Water Pollution Control.

Item #12. Page 133
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SECTION VI

Page 73 ends

3-12.6.5 Payment.

Add the following:

Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.2 Acceptance.

Add the following subsections:
3-13.2.1 Correction of Work Before Acceptance
Contractor shall promptly remove from premises all work condemned by the City Engineer as failing to conform to contract, whether or not installed or incorporated. Contractor shall promptly replace and re-execute the work to comply with the Contract Documents without additional expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

If Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the City may remove it and may store the material at Contractor's expense.

If contractor does not pay expenses of such removal within ten (10) days time thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor.
3-13.2.2 Final Clean Up
Upon completion of the work and before acceptance and final payment shall be made, Contractor, at his sole expense, shall clean the work and all premises occupied by him in connection with the work. All rubbish, excess materials, falsework, temporary structures, tools and equipment shall be removed and all parts of the work shall be left by removal of structures shall be filled with clean suitable soil acceptable to the City Engineer. 3-13.2.3 Certificate as to Compliance with Certain Regulations.

The Contractor shall file with the City Engineer, prior to the acceptance of the work, a certificate in form substantially as follows:

I (We) hereby certify that all work has been performed and materials supplied in accordance with the specifications, drawings, and Contract documents for the above work and that:
(a) No less than the prevailing rates of per diem wages as ascertained by the Director of Industrial Relations has been paid to workers employed on this work and a copy of Item #12. Page 134
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said rates has been posted and maintained at the work site at all times during the course of the work;
(b) There have been no unauthorized substitutions of subcontractors; nor have any unauthorized subcontracts been entered into;
(c) No subcontract was assigned or transferred or performed by anyone other than the original subcontractor, except as provided in the Subletting and Subcontracting Fair Practices Act, Public Contract Code, Section 4100, et. seq. (d) All claims for materials and labor and other services performed in connection with the Contract Documents have been paid.
3-13.3 Warranty.

Replace the first paragraph with the following:

Besides warranties and guaranties otherwise required by the Contract Documents, Contractor warrants and guarantees all work for a period of one year after date of acceptance of work by the City and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship, materials or both within one year from date of acceptance without expense whatsoever to the City, ordinary wear and tear, usual abuse or neglect excepted. The City Engineer will give notice of observed defects with reasonable promptness. Contractor shall notify the City Engineer upon completion of repairs.

Add the following:

In the event Contractor fails to commence the corrective work within ten (10) days after being notified in writing to do so by the City Engineer and prosecute the corrective work to timely completion, the City may proceed to have defects corrected and made good at the expense of Contractor who shall pay costs and charges therefore immediately on demand.

If, in the opinion of the City Engineer, defective work creates dangerous condition or requires immediate corrective work to prevent further loss to the City or to prevent interruption of operations of the City, the City Engineer shall attempt to give the notice required by this section.

If Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City Engineer, the City may, notwithstanding the provisions of this Section, proceed to make such corrective work, and the Contractor shall be liable for costs of such corrective work. Such action by the City will not relieve Contractor of the warranties and guaranties provided in this Section or elsewhere in the contract.

This section does not in any way limit the warranty or guaranty on any material for which a longer warranty or guaranty is specified in the Contract Documents or on any items for which a manufacturer gives a warranty or guaranty for a longer period. Contractor shall furnish the City Engineer with all appropriate warranty and guaranty certificates upon completion of the work.

SECTION 4 – CONTROL OF THE MATERIALS.
4-1 GENERAL
Item #12. Page 135
Meeting Date: 2/28/2023 / Packet Page #: 412
Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 75 ends

Add the following subsection:
4-1.1 Liens.

No materials, supplies, tools or equipment for work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest in this contract, or in any part thereof, is retained by seller or supplier. Contractor warrants good title to all materials installed or incorporated in the work by Contractor or any subcontractor and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him or her, to the City free from any claims, liens; or charges. Contractor further agrees that neither (s)he/it, nor any person, firm, or corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by this contract shall have any right to lien upon the premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise the City as to owner thereof. Nothing contained in this article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hand of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material.
4-4 TESTING
Add the following subsection:
4-4.1 Samples.

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

Add the following:

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

Item #12. Page 136
Meeting Date: 2/28/2023 / Packet Page #: 413
Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 76 ends

6-1.2 Commencement of the Work.

Replace this subsection with the following:

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

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

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

Add the following subsection:
6-3.1.1 Working Times.

The Contractor shall not begin work before 7:00 AM and shall cease work by 4:00 PM and shall not work on Saturdays, Sundays, or the following Holidays as observed by the City:

New Year’s Day, Birthday of Martin Luther King, Jr., President’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day following Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve.

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

Any deviations from this schedule must have the expressed permission from the Engineer. 6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.2 Extensions of Times
Add the following:

If such work is not completed within the time for completion, the City Council shall have the right to increase the number of working days in the amount it may determine will best serve the interests of the City, and if it desires to increase said number of working days it shall have the further right to charge the Contractor and deduct from the final payment for the work, the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges.

Item #12. Page 137
Meeting Date: 2/28/2023 / Packet Page #: 414
Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 77 ends

6-4.3 Payment for Delays.

Add the following:

If the Engineer determines that compensation is not justified, Contractor will be so advised in writing. Contractor may then submit a notice of potential claim to the Engineer, as provided in the Standard Specifications relative to disputed work.
6-9 LIQUIDATED DAMAGES.

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

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

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

City Contractor
SECTION 7 – MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment.

Add the following subsection:
7-3.2.1 Substitution of Securities
Pursuant to Public Contract Code § 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security, if Contractor deposits in escrow with the City Treasurer or with a state or federal chartered bank acceptable to the City as escrow agent, securities eligible for the investment of City funds under Government Code § 16430 or bank or savings and loan certificates of deposit.

Securities shall be substituted upon the following terms and conditions:
(1) Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made.

Item #12. Page 138
Meeting Date: 2/28/2023 / Packet Page #: 415
Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 78 ends

(2) Securities or certificates of deposit shall be of a value equal to 100 percent of the amounts of retention to be paid to Contractor pursuant to this section. (3) Contractor shall enter into an Escrow Agreement in the form attached to these General Conditions as Exhibit "A".
(4) Contractor shall obtain the written consent of the surety to the escrow Agreement. 7-3.4 Mobilization.

Replace this subsection with the following:

Mobilization shall consist of preparatory work and operations, including but not limited to, necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for preparing and implementing the BMP Plan; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization.

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

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

Add the following subsection:
7-3.4.1 Payment.

Payment for Mobilization shall be paid at the contract price per Lump Sum (LS) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the mobilization and demobilization complete in place and no additional compensation will be made therefor.
7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General.

Add the following:

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

Labor Surcharge and Equipment Rental Rates is published by Caltrans as is available on the Caltrans website (https://dot.ca.gov/programs/construction/equipment-rental-rates-and-laborsurcharge).

Item #12. Page 139
Meeting Date: 2/28/2023 / Packet Page #: 416
Revised 10/2022

GENERAL PROVISIONS

SECTION VI

Page 79 ends

7-4.3 Markup.

Add the following:

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

1. Labor 15%

2. Material 15%

3. Equipment 10%

4. Subcontractor 10% for first $5,000 portion of work performed. 5% in excess of $5,000 portion of work performed.
end Section VI - General Conditions
Item #12. Page 140
Meeting Date: 2/28/2023 / Packet Page #: 417
Revised 10/2019

ESCROW AGREEMENT

SECTION VII

Page 80 ends

ESCROW AGREEMENT FOR SECURITY DEPOSITS

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

Item #12. Page 141
Meeting Date: 2/28/2023 / Packet Page #: 418
Revised 10/2019

ESCROW AGREEMENT

SECTION VII

Page 81 ends

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

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

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

Owner: Contractor:

Title: Title:

Name: Name:

Signature: Signature:
[P.C.C. Section 22300]
End Section VII - Escrow Agreement
Item #12. Page 142
Meeting Date: 2/28/2023 / Packet Page #: 419

SPECIAL PROVISIONS

SECTION VIII

Page 82 ends

SPECIAL PROVISIONS

FINKBINER PARK TENNIS AND PICKLEBALL COURT IMPROVEMENTS PLAN NO. 1365-1
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS
200-1 ROCK PRODUCTS
200-1.4 Coarse Aggregate
ADD to the 1st paragraph with the following:

Coarse aggregate for tennis/pickleball net post footing shall be as specified on the drawing.

SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements.
201-1.1.1 General.

Add the following:

The same brand type, source of cement, and aggregate shall be used for all Portland cement concrete per the approved submittal. 201-1.1.2 Concrete Specified by Class.

Concrete for concrete curb, curb & gutters, and footing shall be 330- C-23 (560-C-3250) with a 4” (100mm) maximum slump.

Fly ash shall not be used.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.1 General.

Add the following:

Contractor shall submit materials to Engineer for approval. 201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant).

Item #12. Page 143
Meeting Date: 2/28/2023 / Packet Page #: 420

SPECIAL PROVISIONS

SECTION VIII

Page 83 ends

Add the following:

Sealant shall be Type “A” with Polyethylene foam filler. Submit two samples to the Engineer for approval.
201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.
201-4.1.1 General.

Add the following:

Concrete curing compound shall be Type 2.

SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General.

Add the following:

Asphalt concrete material used for remove and replace repairs within the roadway and temporary step shall be Class and Grade B-PG 64-10.

SECTION 206 - MISCELLANEOUS METAL ITEMS
206-6 CHAIN LINK FENCE
206-6.1 General. Add the following:

Chain link fence and gates shall be as indicated on the drawing. 206-6.3 Chain Link Fabric.

DELETE in its entirety and SUBSTITUTE with the following:
• Chain link fabric shall be Class I with knuckle selvage finish top and bottom. • Core wire shall be 3.76 mm (9 gauge).
• Color shall be natural galvanized steel gray.

SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT
210-1.5 Paint Systems. Add the following:
210-1.5.1 Paint System for existing tennis court light shall receive the following Item #12. Page 144
Meeting Date: 2/28/2023 / Packet Page #: 421

SPECIAL PROVISIONS

SECTION VIII

Page 84 ends

paint system:

Metal Pre-Treatment Preparation
Krud Kutter Metal Clean and Etch
Pre-treatment of galvanized steel, aluminum and other metals – “GAPR00” – other metals and aluminum
“Ultrashield Galvanized Metal Primer ULGM00” – Galvanized Steel Pre-treatment of ferrous and non-ferrous metal (except galvanized steel) – "BRPR00 Bloc-Rust
Finish coat – "EVSH 50 Evershield Semi-Gloss" or “Aristoshield ASHL50 Urethane Single Component”; color: City select
Paint products available through "Dunn-Edwards," contact person:

Mr. Larry Loo, Telephone No. (626) 590-7777 [email protected] Or
Ms. Jamilla Davis, Telephone No. (310) 909-3769,
[email protected]
Add the following:
210-1.8 Tennis/Pickleball Court Surfacing.
210-1.8.1 Tennis/Pickleball Court Surfacing. Paint system for Tennis/Pickleball court shall be heavy-duty acrylic Latex system, such as - Plexipave Hardcourt Surface System
California Sports Surfaces
contact https://www.californiasportssurfaces.com/contact-us/ (978) 623-9980
Color shall be: Court Surface:Per Plan
Line Paint: Per Plan
All court surface products shall be of one manufacturer.

See Appendix I for Plexipave application specifications and guide for concrete surface.

Equivalent Systems
"Novacrylic" by Nova Sports, USA, (800) USA-NOVA
https://www.novasports.com/contact-us/
Add new Section 218 as follows:

SECTION 218 – SITE FURNISHINGS
Item #12. Page 145
Meeting Date: 2/28/2023 / Packet Page #: 422

SPECIAL PROVISIONS

SECTION VIII

Page 85 ends

218-1 GENERAL
All site furnishings shall be as called out on the drawings and shall conform to drawing details of these Specifications.

Site furnishings include, but are not limited to, the following:
• NDS Filcoten Trench Drain Assembly as specified on the plan including PVC drain pipe and construction of curb opening on existing concrete curb to accommodate pipe outlet.
• Tennis/Pickleball Net Post Sleeve and Center Strap Ground Anchor Assembly. • Tennis/Pickleball Net and Post Assembly. Post Assembly shall be 3-inch Vermont Socket Round Post Assembly with accompanied accessories.

Nets for tennis and pickleball shall be Vermont standard regulation net, 42-ft for tennis and 22-ft for pickleball.

Post and Nets are available through Net World Sports or approved equal. https://www.networldsports.com/contacts 1-866-861-9095
Submit three (3) copies of manufacturer's catalog cut sheets, shop drawings and installation instructions for approval.

Where a manufacturer's name and model number are shown on the drawings, that item shall be furnished. No substitution will be allowed.
218-2 PRODUCTS
No substitutions will be considered. All site furnishings shall meet the requirements of the Americans with Disabilities Act (ADA), ASTM F-1487-98 and Consumer Product Safety Commission (CPSC) guidelines.

Item #12. Page 146
Meeting Date: 2/28/2023 / Packet Page #: 423

SPECIAL PROVISIONS

SECTION VIII

Page 86 ends

PART 3 - CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.

Add the following:

Demolition and removal of tennis court surfacing; trench drain and grate; chain link fence and gate, fence footing; water pipe and appurtenances and such other items not mentioned that are required by the Plans and Specifications, are part of this work in this section.

All obstructions within project limits shall be removed to a minimum of 12-inches below subgrade.

Soil backfill for holes caused by the removal of the existing structures foundations shall be filled with selected site soils and recompacted in 6-inch layers to the density of 95-percent relative compaction.

Contractor shall replace designated, unusable existing facilities and equipment, in kind, at the direction of the Engineer.

The application of herbicide to kill turf and weeds, shall be per manufacturers' recommendations, including roots; and the removal and disposal of soil and turf offsite, and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section.

All existing turf in the area designated for replacement shall be stripped, removed, and disposed of offsite in a legal manner.

The cleared area shall be ripped to a depth of 12 inches, except in areas of existing tree roots which generally extend to the drip line of the tree canopy. SPECIAL

CARE SHALL BE TAKEN TO PROTECT EXISTING TREES TO REMAIN FROM DAMAGE.
300-1.4 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

Payment for clearing, grubbing and removal shall be considered as included in other items of work and shall include full compensation for furnishing all labor, materials, tools, transportation, concrete saw cutting, concrete coring, concrete removal, excavation, debris disposal and other equipment and incidentals to perform the work.

Item #12. Page 147
Meeting Date: 2/28/2023 / Packet Page #: 424

SPECIAL PROVISIONS

SECTION VIII

Page 87 ends

300-2 UNCLASSIFIED EXCAVATION
300-2.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

Unclassified. Unclassified excavation shall consist of all excavation, including roadways, all types of bituminous pavement, and concrete pavement, curb, walk, gutters, cross gutters, fencing and gate footings, unless separately designated.
300-2.7 Selected Material.

DELETE in its entirety and SUBSTITUTE with the following:

Selected materials encountered in the excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil, or other specified materials shall be used as shown on the Plans, in the Specifications, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-2.9 Payment.

Add the following:

Payment for unclassified excavation performed as part of the work for “remove and construct” or “remove and install” respectively bid items shall be paid for as part of the work for that item, and no additional compensation will be allowed.

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF

BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction.

DELETE the 1st paragraph and SUBSTITUTE with the following:

When pavement is to be placed directly on subgrade material, the top 6 inches (150 mm) of subgrade material shall be compacted to a relative compaction of 95 percent. When base or subbase material, curb, gutter alley pavement, driveways, or sidewalk are to be placed on the subgrade material, the top 6 inches (150 mm) of such subgrade material shall be compacted to a relative compaction of 90 percent
SECTION 303-5 - CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
Add the following:

Item #12. Page 148
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SPECIAL PROVISIONS

SECTION VIII

Page 88 ends

Concrete areas behind sidewalks, driveways and right-of-way shall be considered as walks. The Contractor shall protect all new concrete installations from damage by others (subcontractors or the general public such as, blemishes, water stains, stress cracks, graffiti markings, etc.). The removal and replacement of damaged concrete work shall be performed and no additional cost to the Agency (City).

Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95% relative compaction per the Standard Plans for Public Works Construction 112-2 and 113-2.

Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ limit of removal. Residual from any sawcutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete to remain. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field.

Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per subsection 400-1 All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade.

In areas where new concrete, curbs, and gutters are adjacent to asphalt paving, a two-foot wide strip of new paving (slot paving) will be required. In areas where new curb ramps are adjacent to asphalt paving the new paving (slot paving) shall comply with accessibility requirements. Existing base material will be compacted to 95% compaction or better. The new pavement shall be 6-inch thickness full depth asphalt concrete paving. Where new asphalt concrete is being placed against asphalt concrete or Portland Cement Concrete, tack coat shall be applied to vertical edges.

Item #12. Page 149
Meeting Date: 2/28/2023 / Packet Page #: 426

SPECIAL PROVISIONS

SECTION VIII

Page 89 ends

Where new curbs are constructed the area at back of curb shall be filled, graded to drain, and improvements replaced in-kind to match the existing adjacent improvements.
303-5.9 Measurement and Payment
DELETE in its entirety and SUBSTITUTE with the following:

Payment for Remove and Construct 8” Wide by 12” Thick Concrete Curb Along the South, West and East Sides of Existing Court Slab, per Details on Construction Details, Plan No. D-1 shall be paid at the contract price per Linear Foot (LF) and shall include full compensation but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, saw cutting and incidentals for the construction of curb complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Curb and Gutter Along the North Side of Existing Court Slab, Per Detail and Notes on Grading Plan, Plan No. G-1 shall be paid at the contract price per Linear Foot (LF) and shall include full compensation but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, slot pavement, tack coat, saw cutting and incidentals for the construction of curb and gutter to longitudinal gutter connection complete in place and no additional compensation will be made therefor.

Payment for Construct PCC Step and 6-inch SCH 40 PVC Drain Pipe per Detail on Plan No. D-1 shall be paid at the contract price per each and shall be complete as indicated on the plan and details and no additional compensation will be made therefor.

Payment for Saw Cut, Remove and Dispose of Existing AC Curb including backfill shall be equally divided among other items in the Bid Schedule and no additional compensation will be made therefor.

SECTION 304 - METAL FABRICATION AND CONSTRUCTION
304-3 CHAINK LINK FENCING AND GATE
304-3.1 General.

Add the following to the 1st paragraph:

The Contractor shall submit 3 copies of shop drawings to the Engineer showing the details and dimensions of all chain link fencing and gate.

Chain link fence and gates shall be installed and erected per approved shop drawings and shall be incompliance with Section 304-3.2 and 304-3.3 of the Standard Specifications.
304-6.1.4 Measurement and Payment.

Item #12. Page 150
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SPECIAL PROVISIONS

SECTION VIII

Page 90 ends

Payment for Remove Existing and Installing New Chain Link Fence shall be at the contract bid unit per linear foot for installing 12-foot high chain link fence, complete as shown on the drawings, including all footings. Full compensation shall include removal of all existing fencing material and footings; and furnishing and installing new fence and all work incidental thereto.

Payment for Remove Existing and Installing New Chain Link Gate shall be at the contract bid unit lump-sum price for installing gates at various sizes as indicated on the drawing, including post, latch, hinges, complete as shown on the drawings. Full compensation shall include furnishing and installing gates and all work incidental thereto.

SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
Add new sections as follows:
306-16 INSTALLATION OF COURT WASHING HOSE BIB ASSEMBLY
306-16.1 General
Installation of court washing hose bibs shall be a complete system as indicated on the drawing, including cutting, and disposing existing pipe and appurtenances, connection new pipe to existing pipe, furnishing, and installing hose bib assembly and all related hardware and appurtenances as indicate don the drawing. 306-16.2 Payment
Payment for removal of existing, furnishing and installing new washing hose bib assembly as described in Section 306-16.1 shall be made at the contract price per each and shall be full payment for a complete installation, furnishing, and installing all materials and all appurtenant work, and no additional payment will be made therefor
SECTION 310 – PAINTING
Add new sections as follows:
310-6 PAINTING EXISTING COURT LIGHT POST
310-6.1 General. Light post surface to be painted shall be clean of foreign material.

Galvanized surfaces shall be treated as required by Sections 210-3, 310-3, and 310-5.3 of the Standard Specifications. Light post painting application shall be per Technical Provision Section 210-1.
310-6-2 Payment. Payment for surface preparing and painting of court light post described in Section 310-6.1 shall be made at the contract lump sum price and shall be full payment for surface preparation, furnishing, and applying all materials and all appurtenant work, and no additional payment will be made therefor. 310-9 TENNIS/PICKLEBALL COURT RESURFACING
310-9.1 General
Item #12. Page 151
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Surface Preparation. The existing court surface shall be thoroughly clean, pressure washed (3,000 psi), surfacing removed and all cracks sterilized and repaired. Scrape surface to remove all foreign and loose material.

All cracks shall be repaired and caulked. Where a surface differential occurs, the surface shall be ground to provide a smooth transition.

The Agency recognizes that repaired cracks will “photograph” through the court surfacing. The courts shall be inspected and approved in writing by the Engineer prior to the application of any surfacing.

Clean out and fill expansion joint with elastomeric joint material. (Grind to level any displacement along joint line.)
Fill cracks, depressions, bird baths, spalls, or irregularities using Plexipave Court Patch Binder.

The court surfacing manufacturer's written specification for application is deemed and construed as part of this Specification.
310-9-2 Payment. Payment for court surfacing and striping shall be at the contract bid lump sum price and shall be full payment for surface preparation, furnishing, and applying all materials and all appurtenant work all as shown on the drawings and specified, and no additional payment will be made therefor.

Add new Section 312 as follows:

SECTION 312 - SITE FURNISHINGS
312-1 GENERAL
All site furnishings shall be inspected by the Contractor at the time of delivery for conformance to the Plans and submittals. Damaged items shall be returned and will not be accepted for installation.

Installation shall conform to the manufacturer’s printed instructions, the drawings, and the Engineer’s instructions.

All site furnishings installed in concrete footings shall be installed prior to concrete flatwork and existing concrete resurfacing, if required. 312-1.2 Payment. Payment for site furnishings shall be at the contract bid unit price as indicated on the Bid Schedule for each item and shall be full compensation for installing the item in place per plan and specification Section 218.

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PART 4 - EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
Add the following to the end of the 1st paragraph:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid Proposal.

In the 2nd paragraph, DELETE the 1st sentence and with the following:

The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., concrete slab, foundation, light post, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

Lawn. The Contractor shall resod in accordance with 801-4.8.3 areas where turf is removed for construction. Thickness and type of sod shall match removed lawn.

Existing Sprinklers and Improvements. The Contractor shall coordinate work with the engineer. The Contractor shall test and document the condition of existing improvements before beginning required removals or excavation. The Contractor shall restore existing improvements to documented conditions after completing adjacent work. 400-3 PAYMENT
DELETE in its entirety and SUBSTITUTE with the following:

No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid.

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APPENDIX I

PLEXIPAVE CSI FORMATED SPECIFICATIONS

AND INSTALLATION GUIDE
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TEXTURED ACRYLIC COLOR SURFACING

FOR TENNIS COURTS AND PLAY AREAS
PART 1 GENERAL

1.1 GENERAL DESCRIPTION
A. Textured acrylic surfacing for asphalt tennis courts and similar play areas.

1.2 RELATED SECTIONS
A. Related Work

1. Portland concrete cement pavement

2. Court marking for tennis courts
B. References

1. United States Tennis Association (USTA)

2. International Tennis Federation (ITF)

3. American Sport Builders Association (ASBA)

1.3 QUALITY ASSURANCE
A. Surfacing shall conform to the guidelines of the ASBA for planarity.

B. All surface coatings products shall be supplied by a single manufacturer.

C. The contractor shall record the batch number of each product used on the site and maintain it through the warranty period.

D. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on the site.

E. The installer shall be an authorized applicator of the specified system.

F. The manufacturer’s representative shall be available to help resolve material questions.

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1.4 SUBMITTALS
A. Manufacturer specifications for components, color chart and installation instructions.

B. Authorized Applicator certificate from the surface system manufacturer.

E. ITF classification certificate for the system to be installed.

F. Reference list from the installer of at least 5 projects of similar scope done in each of the past 3 years.

G. Current Material Safety Data Sheets (MSDS).

H. Product substitution: If other than the product specified, the contractor shall submit at least 7 days prior to the bid date a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal quality and utility to that originally specified.

Information must include a QUV test of at least 1000 hours illustrating the UV stability of the system. The color system shall have an ITF pace rating in Category 3. Under no circumstances will systems from multiple manufacturers be considered.

1.4 MATERIAL HANDLING AND STORAGE
A. Store materials in accordance with manufacturer specifications and SDS.

B. Deliver product to the site in original unopened containers with proper labels attached.

C. All surfacing materials shall be non-flammable.

1.5 GUARANTEE
A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion.

1.6 INSTALLER QUALIFICATIONS
A. Installer shall be regularly engaged in construction and surfacing of acrylic tennis courts, play courts or similar surfaces.

B. Installer shall be an Authorized Applicator of the specified surface system.

C. Installer shall be a builder member of the ASBA.

1.7 MANUFACTURER QUALIFICATIONS
A. System manufacturer shall provide documentation that the surface to be installed has been Item #12. Page 156
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classified by the ITF as a medium pace surface.

B. System manufacturer shall be a US owned company.

C. System manufacturer shall be a member of the ASBA.

PART 2 PRODUCTS

2.1 MANUFACTURERS
A. California Sports Surfaces, a division of the ICP Group, Andover, MA. 01810 / Plexipave System www.plexipave.com
B. Substitutions: Submit requests at least 7 days prior to the bid date with a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate
to the owners satisfaction that the proposed substitution is of equal quality and utility to the specified product. Information must include a QUV test of at least 1000 hours illustrating the UV stability of the system. The system shall have an ITF pace rating.

2.2 MATERIALS
A. Patching Mix (California Court Patch Binder) - for use in patching cracks, holes, depressions and other surface imperfections.

B. Crack Filler (California Crack Filler) - for use in filling fine cracks.

C. Acrylic Filler Course (California Acrylic Resurfacer) – for use as a filler for new or existing asphalt surfaces. The acrylic filler shall be blended with approved silica sand at the job site.

D. Acrylic Color Playing Surface (Plexichrome Ultra Performance/Plexipave Color Base) – for use as the finish color and texture. Plexichrome and Plexipave Color Base are blended at the job site to achieve the correct surface texture. *Factory Fortified Plexipave may be used as an alternative material.

E. Line Paint (California Line Paint) – for use as the line marking on the court/play surface.

F. Water – for use in dilution/mixing shall be clean and potable.

2.3 MATERIAL SPECIFICATIONS
A. Court Patch Binder – acrylic resin blended with Portland Cement and silica sand.

C. Plexipave Crack Filler – acrylic resin heavily filled with sand.

D. California Acrylic Resurfacer – acrylic resin (no vinyl copolymerization constituent). The Item #12. Page 157
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product shall contain not less than 3.5% attapulgite.

E. Plexichrome Ultra Performance –acrylic resin (no vinyl copolymerization constituent) with selected light fast pigments.

F. Plexipave Color Base – acrylic resin containing no vinyl copolymerization constituent.

Contains not more than 63% rounded silica sand.

G. California Line Paint – 100% acrylic resin containing no alkyds or vinyl constituents.

Texturing shall be rounded silica sand.

All surfacing materials shall be non-flammable and have a VOC content of not less than 100g/L.

Measured by EPA method 24.

Local sands are not acceptable in the color playing surface. Sands must be incorporated at the manufacturing location to ensure quality and stability.

PART 3 EXECUTION

3.1 WEATHER LIMITATIONS
A. Do not install when rainfall in imminent or extremely high humidity prevents drying.

B. Do not apply unless surface and air temperature are 50°F and rising.

C. Do not apply if surface temperature is in excess of 140°F.

3.2 PREPARATION FOR ACRYLIC COLOR PLAYING SYSTEM
A. Clean surfaces of loose dirt, oil, grease, leaves, and other debris in strict accordance with manufacturer’s directions. Pressure washing will be necessary to adequately clean areas to be coated. Any areas previously showing algae growth shall be treated with Clorox or approved product to kill the organisms and then be properly rinsed.

B. Holes and cracks: Cracks and holes shall be cleaned and a suitable soil sterilant, as approved by the owner, shall be applied to kill all vegetation 14 days prior to use of Court Patch Binder according to manufacturer's specifications.

C. Depression: Depressions holding enough water to cover a US five-cent piece shall be filled with Court Patch Binder Patching Mix. 3 gallons of Court Patch Binder, 100 lbs. 60-80 silica sand, 1-gallon Dry Portland Cement (Type I). This step shall be accomplished prior to the squeegee application of Acrylic Resurfacer. The contractor shall flood all the courts and then allow draining. Define and mark all areas holding enough water to cover a nickel. After defined areas are dry, prime with tack coat mixture of 2 parts water/l part Court Patch Binder. Allow tack coat to dry completely. Spread Court Patch Binder mix true to grade using a straight edge (never a squeegee) for strike off. Steel trowel or wood float the patch so that the texture matches the surrounding area. Never add water to mix. Light misting on surface and edges to feather in is allowed as needed to maintain work ability. Allow to dry thoroughly and cure.

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NO WORK FROM THIS STAGE ON SHALL COMMENCE UNTIL AN INSPECTOR HAS ACCEPTED THE SURFACE.

D. Filler Course. (Acrylic Resurfacer): Filler course shall be applied to the clean underlying surface in one application to obtain a total quantity of not less than .06 gallon per square yard based on the material prior to any dilution. Acrylic Resurfacer may be used to pre-coat depression and crack/hole repairs to achieve better planarity prior to filler course application.

1. Over a properly repaired surface of asphalt on existing courts, apply one coat of Acrylic Resurfacer according to the following mix:

Acrylic Resurfacer 55 gallons
Water 20 - 40 gallons Sand 600-800 pounds / 60-
80 mesh
Liquid Yield 112-138 gallons
On new asphalt, two coats of Acrylic Resurfacer shall be used to properly fill all voids in the asphalt surface. Use clean, dry 50-60 mesh sand and clean, potable water to make mixes.

The quantity of sand and water in the above mix may be adjusted within above limits to complement the roughness and temperature of the surface.

2. Mix the ingredients thoroughly using accepted mixing devices and use a 70 Durometer rubber bladed squeegee to apply each coat of Acrylic Resurfacer as required.

3. Allow the application of Acrylic Resurfacer to dry thoroughly. Scrape off all ridges and rough spots prior to any subsequent application of Acrylic Resurfacer or subsequent cushion or color surface system.

3.3 APPLICATION OF ACRYLIC COLOR PLAYING SURFACE
A. All areas to be color coated shall be clean, free from sand, clay, grease, dust, salt or other foreign matters. The Contractor shall obtain the Engineer's approval, prior to applying any surface treatment.

B. Blend color base and Plexichrome Ultra Performance with a mechanical mixer to achieve a uniform Fortified Plexipave mixture. The mix shall be:

Color Base 30 gallons
Plexichrome 20 gallons
Water 20 gallons
C. Application shall be made by 50 durometer rubber faced squeegees. The Fortified Plexipave mixture should be poured on to the court surface and spread to a uniform thickness in a regular pattern.

D. A total of 3 applications of Fortified Plexipave shall be made to achieve a total application rate of not less than .15 gal./sy. No application should be made until the previous application Item #12. Page 159
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is thoroughly dry.

3.4 LINE PAINTING
A. Line shall be 2” wide unless otherwise noted on the drawings. Lines hall be carefully laid out in accordance with ASBA and USTA guidelines. The area to be marked shall be taped to insure a crisp line. The California Line Paint shall have a texture similar to the surrounding play surface. Application shall be made by brush or roller at the rate of 150-200 sg./gal. (3/4 gal. per tennis court).

3.5 PROTECTION
A. Erect temporary barriers to protect coatings during drying and curing.

B. Lock gates to prevent use until acceptance by the owner’s representative.

3.6 CLEAN UP
A. Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and Federal regulations.

Leave site in a clean and orderly condition.

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Revised 10/2019
NPDES Requirements

SECTION IX

NPDES REQUIREMENTS
Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1 The City of Glendora complies with and enforces all Los Angeles County Construction Activity BMP's for storm water pollution prevention relating to public agency activities. The Contractor shall refer to the California Storm Water Best Management Practice Handbooks, and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities. Please note the included BMP’s and address how they relate to these construction activities. The following is a brief list of BMP's from the Construction Handbook:

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

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

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Revised 10/2019
Vicinity Map

SECTION X
The Attached Vicinity Map is included for bidding purpose.

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

Item #12. Page 165
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STANDARD DRAWINGS

SECTION XI
Applicable STANDARD DRAWINGS are available at the City’s website at http://www.cityofglendora.org/departments-services/public-works/standard-designs-and-specifications.

The Bidder / Contractor
shall refer to any and all Standard Drawings
referenced on the Plan or in these Specifications.

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

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Revised 10/2022
INDEX

ALPHABETICAL INDEX
Title Section Subsection
A
Acceptance of Work VI 3-13
Agreement V
Assignment V 4.5
Attorney's Fees V 7.9
Authority of the Engineer VI 3-4
Award of Contract II 10.

B
Bid III 2.

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

Bonds I
Bonds II 11.1
C
Certificate of Compliance with Certain Regulations VI 3-13 City Consent to Subcontractor VI 1-6
City's Right to Award Other Contracts VI 2-4
City's Right to Terminate V 7.7
Compaction Tests VIII 211
Contract Documents and Site, Examinations of II 4.

Contract Sum V 2.1
Copies of Contract Documents II 2.

Correction of Work Before Acceptance VI 3-13
Cutting and Patching VI 2-4
D
Deductions for Uncorrected Work VI 9.03
Defined, Terms II 1.

Definitions VI 1-2
Delay to Contractor, Payment for VI 6-4
Delivery of Agreement II 11.

Designations of Subcontractors III 6.

Disputes Pertaining to Payment for Work VI 7.04
Drawings, Interpretations VI 3-4
Dust Control VI 3-12
E
Entire Agreement V
Escrow Agreement for Security Deposits in Lieu of Retention VII Examinations of Contract Documents and Site II 4.

F
Faithful Performance Bond V 5.5
Final Cleaning Up VI 3-13
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Revised 10/2022
INDEX
Title Section Subsection
G
General Authority (of City Engineer) VI 3-4
General Provisions VI
H
Hydrant Meters (under Water Supply) VI 2-5
I
Indemnification V 5.3
Independent Contractor V 4.4
Inspections, Test and VI 3-5, 4-3
Instructions to Bidders II
Insurance V 5.

Interpretation II 5.

Interpretation of Drawings and Specifications VI 3-4
J
Job Guidelines VIII
L
Labor and Materials Bond V 5.6
Layout and Field Engineering VI 3-10
Legal Requirements V 7.10
Liens VI 4-1
Liquidated Damages VI 6-9
M
Miscellaneous Provisions V 9.

N
Non-Collusion Affidavit III
Notice V 9.1
Notice Inviting Bids I
NPDES Requirements IX
O
Or-Equal VI 4-6
P
Payments V 2.

Payment for Delays to Contractor VI 6-4
Payment for Work, Disputes pertaining to VI 7.04
Performance of Work V 1.

Prevailing Wages I
Prevailing Wages V 7.10
Prevailing Wages (under Certificate of Compliance) VI 3-13.2.3(a) Progress Payments to Contractor V 2.3
VI 7-3
Proposal III
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INDEX
Title Section Subsection
Q
Qualifications of Bidder II 3.

R
Removal and Disposal of Structures and Obstructions VIII 401 Retention (under Liquidated Damages) VI 6-9
Retention V 7.3
VII (3)
Rights of the City to Increase Working Days VI 6-4
Recycled Materials Certificate VI 3-8
S
Samples VI 4-4
Schedule V 3.

Signatures II 12.

Site, Examination of Contract Documents and II 4.

Soils Investigation Report VI 3-9
Special Conditions VIII
Standard Drawings XII
Subcontracting VI 3-3
Subcontractors Bound By Contract VI 3-3
Subcontractors, Designation (under Terms defined) VI 1-2 Submission of Bid II 7.

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

Terms Defined VI 1-2
Tests and Inspection VI 3-5, 4-3
Time for Commencement and Completion II 13.

Traffic Requirements VIII 601
U
Unit Price List III
Utilities VI 2-5
V
Vicinity Map……………………………………………………………………….. X
W
Waiver V 7.4
Warranty VI 3-13
Water Supply VI 2-5
Withdrawal of Bids II 8.

Work by Others VI 2-4
Worker's Compensation Insurance V 5.1(b)
Working Days, Rights of the City to Increase VI 6-4
Item #12. Page 173
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City Engineer RCE 51197 Date
Approved By:
4 File No.:

Sheet of
Date:

Scale:

Checked By:

Drawn By:

Engineering
GLENDORA Division

CITY OF

REVISIONS
No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299

COMPREHENSIVE

INNOVATIVE

TRUSTED
JH
BN BID SET November 11, 2022 2:14 PM

VICINITY MAP

NO SCALE
Project Area

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

MODIFICATION TO THE APPROVED PLAN, THE CONTRACTOR SHALL STOP ALL WORK RELATED TO OR AFFECTED BY SAID FIELD CONDITIONS. THE PROJECT

ENGINEER SHALL SUBMIT DESIGN REVISIONS TO THE CITY ENGINEER FOR REVIEW AND OBTAIN APPROVAL PRIOR TO RESUMING CONSTRUCTION.

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R Know what's below. Callbefore you dig.
1 CITY/AGENCY NOTIFICATION: SHEET INDEX:
1 T-1 TITLE SHEET
2 C-1 CONSTRUCTION, LAYOUT PLAN &

DEMOLITION/REMOVAL PLAN
3 G-1 GRADING PLAN
4 D-1 CONSTRUCTION DETAILS

CITY OF GLENDORA

CALIFORNIA

FINKBINER PARK

TENNIS & PICKLEBALL COURT IMPROVEMENTS
PHASE 1

CONSTRUCTION PLANS
FOR
UTILITY AND STRUCTURE NOTICE TO CONTRACTOR:

HOLD HARMLESS INDEMNIFICATION CLAUSE:

TENNIS & PICKLEBALL COURT IMPROVEMENTS-PHASE 1

TITLE SHEET
PLAN NO. T-1
PLAN NO. 1365-1

CITY STANDARD NOTES FOR CONSTRUCTION

ABBREVIATIONS
City Engineer RCE 70424
12/05/2022
Item #12. Page 174
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EXISTING BUILDING EXISTING BUILDINGDate Approved By: 4 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN BID SET November 17, 2022 2:08 PM CONSTRUCTION NOTES 1 GENERAL NOTE 2345 A DEMOLITION/REMOVAL NOTES BCDP D D A C A B C B C B C A C A C A C A C PP PP P E E P P 67 TENNIS & PICKLEBALL COURT IMPROVEMENTS - PHASE 1 CONSTRUCTION, LAYOUT PLAN & DEMOLITION/REMOVAL PLAN PLAN NO. C-1 DEMOLITION/REMOVAL PLAN CONSTRUCTION & LAYOUT PLAN 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 3 5 3 5 13 5 5 3 6 6 8 8 4 4 4 5 55 7 7 7 7 77 77 2 LOCATION A LOCATION B 8 COURT SLAB PAINT COLOR - PLEXIPAVE HARD COURT SYSTEM 9 9 10 10 11 11 11 11 11 11 12 12 12 13 13 5 MINNESOTA AVE 14 14 F F City Engineer RCE 70424 City Engineer RCE 51197 12/05/2022 Item #12. Page 175
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EXISTING BUILDING E MEDA AVE
MINNESOTA AVE CONSTRUCTION NOTES (FOR THIS SHEET ONLY) City Engineer RCE 51197 Date Approved By: 4 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED TPBR BID SET November 17, 2022 2:09 PM 3 TENNIS & PICKLEBALL COURT IMPROVEMENTS - PHASE 1 GRADING PLAN PLAN NO.G-1 City Engineer RCE 70424 City Engineer RCE 51197 12/05/2022 Item #12. Page 176
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CONSTRUCTION NOTES 1245637891011 12 3 4 56 7 8 11 9 10 NOTES EXPANSION JOINT 12131415 4 1314 15 ALONG WEST SIDE ALONG SOUTH SIDE 16 16 TYPICAL ELEVATION 12 4 17 7 AA CROSS SECTION A-A ALONG EAST SIDE ALONG NORTH SIDE 18 4 17 18 7 7 CONSTRUCTION NOTES 1245637NOTES 1 1 1 2 3 4 6 7 8 8 9 6 3 2 TYPICAL LAYOUT ELEVATION GATES LOCATED AT SOUTHEAST CORNER GATES LOCATED AT SOUTHWEST CORNER 10 10 11 11 11 2 2 3 5 12 12 12 12 13 8 13 1415 1415 XX1415 CROSS SECTION X-X 9 10 10 NOTES ····· NOTES NOTES City Engineer RCE 51197 Date Approved By: 4 File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN BID SET November 17, 2022 11:25 AM PLAN NO. D-1 1 CONCRETE CURB AND TRENCH DRAIN NTS 4 CHAIN LINK FENCE AND GATES NTS 5 NTS 2 4 TENNIS & PICKLEBALL COURT IMPROVEMENTS - PHASE 1 CONSTRUCTION DETAILS COURT WASHING WATER HOSE BIB 3EX. CHAIN LINK FENCE POST/NET POST REMOVAL NET POST SLEEVE ASSEMBLY City Engineer RCE 70424 City Engineer RCE 51197 12/05/2022 Item #12. Page 177
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Construction Contract Award
.

AWARD THE CONTRACT FOR FINKBINER PARK TENNIS AND
PICKLEBALL COURT IMPROVEMENTS – PHASE 1, PLAN NO. 1365- 1, TO NOHO CONSTRUCTORS IN THE AMOUNT OF $295,830
(STRATEGIC PLAN ITEMS 46-IMCIF AND 48-IMCIF)
CityOfGlendora.org
Public Works Department
Engineering Division
City Council
February 28, 2023
Maliha Ansari, Principal Civil Engineer
Item #12. Page 178
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2 NEW TENNIS COURT LAYOUT
Existing Condition
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3 PROJECT AWARD
• Bid Opening on December 29, 2022.
• Three (3) responsive bids were received.
• Engineer’s Estimate $350,550.
• Bids ranged from $295,830 to $390,000.
• Award to NoHo Constructors (Lowest Bidder)
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4 FISCAL IMPACTS
Task Budget Expenditures
Measure E Fund 103 $1,508,650.00
Total Project Budget $1,508,650.00
Design – Phase 1 Completed; Phase 2 95% Complete $116,489.00 Environmental - Completed $75.00
Publication - Completed $352.00
Phase 1 Construction Cost (NoHo Constructors) $295,830.00 Requested Construction Contingency – 10% $29,583.00
Total Estimated Expenditures $442,329.00
Estimated Remaining Budget for Phase 2 $1,066,321.00
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5 RECOMMENDATIONS

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

2. Approve the Plans and Specifications for Finkbiner Park Tennis and Pickleball Court Improvements – Phase 1, Plan No. 1365-1;

3. Award the contract for Finkbiner Park Tennis and Pickleball Court Improvements – Phase 1, Plan No. 1365-1, to NoHo Constructors in the amount of $295,830;

4. Authorize the City Manager or his designee to execute the agreement with NoHo Constructors, including minimal and/or non-substantive changes; and

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

That the City Council:

Item #12. Page 182
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 28, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT TO HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. FOR AS-NEEDED ASPHALT MAINTENANCE AND REPAIR SERVICES IN THE AMOUNT OF $508,970 PER YEAR FOR THREE YEARS (STRATEGIC PLAN ITEM 49-IMCIF)

RECOMMENDATION
That the City Council:

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

2. Award the contract to Horizons Construction Company International Inc. for as-needed asphalt maintenance and repair services in an amount of $508,970 with a 10% contingency in the amount of $50,897 for a total not to exceed amount of $559,867 per year;

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

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

EXECUTIVE SUMMARY
Staff issued a request for proposals (RFP) for as-needed asphalt maintenance and repair services; four bid proposals were received, and Horizons Construction Company International Inc. (Horizons) was the lowest responsive bidder. Based on this, staff recommends that the City Council award Horizons a threeyear agreement for as-needed asphalt maintenance and repair services in the amount not to exceed $508,970 per year, for a total not to exceed amount of $1,5260,910. Sufficient funds are available through the remainder of Fiscal Year (FY) 2022/23 for a pro-rated contract amount in the Streets Division’s Contract Services accounts 205-6562-59100 and 531-6562-59100. Staff will request additional funds for asphalt maintenance and repair services during the FY2023/25 Two-Year Budget adoption process. The contract is for a not-to-exceed amount and on-call/as-needed services rather than a minimum amount of contracted services, so the amount of work ordered will be determined by need and the availability of funds.

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

DISCUSSION
Glendora has over 30 million square feet, and 155 center-line miles of primarily asphalt concrete pavement, which deteriorates over time due to weathering and load conditions. Localized spot repairs can help preserve the surrounding pavement and extend the time before more extensive pavement rehabilitation measures are required, and is also a common need in support of City water infrastructure repairs. Based on a desire to Item #13. Page 1
Meeting Date: 2/28/2023 / Packet Page #: 460
Staff Report Page 2 of 3
expand the City’s capacity to perform needed local asphalt pavement repairs around the City, enhance response times when staff resources are reduced or preoccupied, and enable more proactive inspection and identification of issues, staff conducted an exploratory RFP for various street-related services, including asphalt maintenance and repairs in order to evaluate costs. The potential asphalt repairs included were full depth removal and reconstruction, existing pavement grind and overlay, and slurry seal.

Slurry Seal Grind & Overlay Full Depth Reconstruction
The RFP was released on QuestCDN, with notice published in the San Gabriel Valley Examiner on January 13 and January 20, 2022, and proposals due by and opened on February 10, 2022. Four proposals were received, and Horizons was the lowest bidder. On June 14, 2022, the City Council adopted the FY 2022-23 Mid-Cycle Budget, which included funding to accommodate additional contract services. Before potentially conducting a new RFP to secure updated pricing, staff contacted Horizons to confirm their continued interest given the time that had passed since the RFP, and Horizons indicated that they were still interested but provided a revised proposal of $508,970 based on inflation to asphalt and related products. This amount is still significantly lower than the second lowest bid from the RFP of $676,750. Based on this, staff recommends they be awarded the contract as the lowest responsive bidder.

The contract would be for three-years, with options to extend up to two additional years with City Council approval.

Contractor Location Annual Amount
Horizons Construction Orange, CA Original Bid $376,810
Revised Bid $508,970
Hardy & Harper, Inc. Lake Forest, CA $676,750
A&Y Asphalt Contractors, Inc. Norco, CA $1,060,471
All American Asphalt Corona, CA $3,490,000

FISCAL IMPACT
A portion of the funds for the contract were approved as part of the adopted FY2022/23 Mid-Cycle Budget update and are available in the Streets Division’s Contract Services Accounts 205-6562-59100 and 531- 6562-59100. 531 Water Operations funding will be utilized where asphalt maintenance and repairs are related to City water infrastructure maintenance and repairs. Sufficient funds are available in these accounts to accommodate the pro-rated contract amount for FY2022/23. For the FY2023-24 and FY2024- 25 Two-Year budget, staff will request funds for the full contract amount. The contract is ultimately for a not-to-exceed amount and on-call/as-needed services rather than a minimum amount of contracted services, so the amounts of work ordered will be determined by need and the availability of funds.

Fund Account
Number
Amount
205 Gas Tax Fund 205-6562-59100 $220,000
531 Water Operations Funds 531-6562-59100 $30,000
Total $250,000

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

Item #13. Page 2
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Staff Report Page 3 of 3
Prepared By Maliha Ansari, Principal 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
B. Bid Summary
C. Plan Holder List
D. Bid Extensions
E. Bid Proposal
F. Contract Agreement
G. Presentation
Item #13. Page 3
Meeting Date: 2/28/2023 / Packet Page #: 462
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: Asphalt Maintenance and Repair Serviced FY 2022-23.

Project Location: Citywide.

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

Zoning Designation: R1, R2, R3, C-3, E-7, and CM
Project Description: Project involves localized reconstruction of existing pavement, constructing slurry seal, cold milling, and constructing ARHM overlay.

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

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

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

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

Date:

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

City of Glendora City Council on July 12, 2022
Date:

Maliha Ansari, Principal Civil Engineer (626) 814-8294
Item #13. Page 4
Meeting Date: 2/28/2023 / Packet Page #: 463
Contractor Name Bid Amount

1. Horizons Construction $ 376,810.00

2. Hardy & Haprer, Inc. $ 676,750.00

3. A&Y Asphalt Contractors, Inc. $ 1,060,471.00

4. All American Asphalt $ 3,490,000.00
Asphalt Maintenance and Repair Services
Summary of Bids
Bid Opening: February 10, 2022
Item #13. Page 5
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Closing Date: Thu, 02/10/2022 10:00 AM PST
Posting Type: Request For Proposal
Owner Name: Glendora CA, City of
Solicitor Name: Glendora CA, City of
Contact: Alexis Escobar
Phone: 626-852-4845
Email: [email protected]
Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Pavement
Recycling
Systems
10240 San
Sevaine
Way,
Jurupa
Valley, CA91752
John
Karagas
[email protected]
951-682-
1091
(951)
682-
1094
Subcontractor 01/13/2022 eBidDoc
American
Asphalt
South, Inc.
19792 El
Rivino
Road
Riverside,
CA 92509,
Riverside,
CA-92509
Lyle Stone [email protected]
909-427-
8276
909-
427-
8279
Prime Bidder 01/13/2022 eBidDoc
Dodge Data
& Analytics
Next Member
Numbe
2860 S
State Hwy
161, Grand
Prairie, TX75052
Adam
Bouman
[email protected] 513.666.3354
800-
768-
5594
Plan Room 01/14/2022 eBidDoc
All American
Asphalt
400 E 6th
St, Corona,
CA-92879
Ed
Carlson
[email protected]
951-736-
7600
951-
739-
4671
Prime Bidder 01/17/2022 eBidDoc
Plan Holder Report as of 05/09/2022 05:04 PM CDT
Asphalt Maintenance and Repair Services FY2021-22 Through FY2024-25 Quest Quest Number: 8102955
Item #13. Page 6
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Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Hardy &
Harper, Inc.
32 Rancho
Circle, Lake
Forest, CA92630
Morgan
Churnock [email protected]
714-444-
1851
714-
444-
2801
Prime Bidder 01/19/2022 eBidDoc
Onyx Paving
Company,
Inc.
2890 E. La
Cresta Ave,
Anaheim,
CA-92806
Corey
Kirschner
[email protected]
714-632-
6699
714-
632-
1883
Prime Bidder 01/25/2022 eBidDoc
Paveco
Construction
Inc.
5049
Bleecker
Street,
Baldwin
Park, CA91706
Greg
Fleming
[email protected]
626-337-
5589 SBE Subcontractor 01/26/2022 eBidDoc
Road Works
Inc
303 Short
St,
Pomona,
CA-91768
Kelly
Blocker
[email protected]
909-469-
5101 Subcontractor 01/28/2022 eBidDoc
A & Y Asphalt
Contractors,
Inc.
1613
Industrial
Ave, Norco,
CA-92860
Jed Giese [email protected]
951-340-
4190 WBE Prime Bidder 02/01/2022 eBidDoc
Doug Martin
Contracting
Company,
Inc.
220
Foundation
Ave., La
Habra, CA90631
Dixie
Martin
[email protected]
714-441-
0513
714-
441-
0541
Prime Bidder 02/01/2022 eBidDoc
S&H
Civilworks
6612
Columbus
Street,
Riverside,
CA-92504
Jesse
Sotto
[email protected]
909-206-
1181
909-
498-
8021
Prime Bidder 02/02/2022 eBidDoc
Infrastructure
Engineers
3060
SATURN

ST, BREA,
CA-92821
Justin
Wiekamp
[email protected]
714-940-
0100 SBE
A/E
Consultant
02/03/2022 eBidDoc
Item #13. Page 7
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3/3
Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Horizons
Construction
Company
432 W
Meats Ave,
Orange,
CA-92865
Michael
Ortega
[email protected]
714-626-
0000 Prime Bidder 02/04/2022 eBidDoc
Quest
Construction
Data
Network
PO Box
517,
Shakopee,
MN-55379
QuestCDN
Support
[email protected]
952-233-
1632 Other 02/07/2022 eBidDoc
Item #13. Page 8
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Item Description Size of Individual Job Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 1-50 SF 7,000 $ 7.00 $ 49,000.00 $15.25 $106,750.00 $37.00 $259,000.00 $45.00 $315,000.00 2 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 50-100 SF 3,000 $ 6.00 $ 18,000.00 $14.30 $42,900.00 $28.00 $84,000.00 $35.00 $105,000.00 3 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 100+ SF 2,000 $ 5.00 $ 10,000.00 $13.85 $27,700.00 $19.00 $38,000.00 $22.00 $44,000.00 4 Construct Type II Slurry Seal
1-3,500 SF
(1-3 ELT) ELT 10 $ 950.00 $ 9,500.00 $365.00 $3,650.00 $2,300.00 $23,000.00 $5,750.00 $57,500.00 5 Construct Type II Slurry Seal
3,501-10,000 SF
(3-9 ELT) ELT 20 $ 900.00 $ 18,000.00 $355.00 $7,100.00 $1,500.00 $30,000.00 $3,750.00 $75,000.00 6 Construct Type II Slurry Seal
10,001-18,000 SF
(9-15 ELT) ELT 30 $ 800.00 $ 24,000.00 $345.00 $10,350.00 $1,050.00 $31,500.00 $2,500.00 $75,000.00 7 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 1-3,500 SF SF 7,000 $ 0.45 $ 3,150.00 $1.68 $11,760.00 $3.00 $21,000.00 $6.25 $43,750.00 8 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 3,501-10,000 SF SF 20,000 $ 0.40 $ 8,000.00 $1.55 $31,000.00 $1.50 $30,000.00 $3.50 $70,000.00 9 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 10,001-18,000 SF SF 30,000 $ 0.35 $ 10,500.00 $1.45 $43,500.00 $0.80 $24,000.00 $1.50 $45,000.00 10 Construct 1.0-Inch Thick ARHM Overlay
1-3,500 SF
(1-20 TN) TN 50 $ 135.00 $ 6,750.00 $267.00 $13,350.00 $725.00 $36,250.00 $1,000.00 $50,000.00 11 Construct 1.0-Inch Thick ARHM Overlay
3,501-10,000 SF
(20-60 TN) TN 130 $ 130.00 $ 16,900.00 $255.00 $33,150.00 $360.00 $46,800.00 $600.00 $78,000.00 12 Construct 1.0-Inch Thick ARHM Overlay 10,001-18,000 SF (60-110 TN) TN 190 $ 120.00 $ 22,800.00 $240.00 $45,600.00 $280.00 $53,200.00 $538.00 $102,220.00 $ 196,600.00 $376,810.00 $676,750.00 $1,060,470.00
Item Description Unit Quantity Unit Price Extension Unit Extension 1 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 1-50 SF 7,000 $250.00 $1,750,000.00 $24.31 $607,687.50 2 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 50-100 SF 3,000 $210.00 $630,000.00 $19.33 $215,475.00 3 Remove Existing AC Pavement and Base and Construct 6- Inch Thick Full Depth AC Pavement 100+ SF 2,000 $170.00 $340,000.00 $13.71 $112,425.00 4 Construct Type II Slurry Seal
1-3,500 SF
(1-3 ELT) ELT 10 $8,000.00 $80,000.00 $2,805.00 $41,037.50 5 Construct Type II Slurry Seal
3,501-10,000 SF
(3-9 ELT) ELT 20 $3,500.00 $70,000.00 $1,868.33 $45,525.00 6 Construct Type II Slurry Seal
10,001-18,000 SF
(9-15 ELT) ELT 30 $1,900.00 $57,000.00 $1,298.33 $43,462.50 7 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 1-3,500 SF SF 7,000 $8.00 $56,000.00 $3.64 $33,127.50 8 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 3,501-10,000 SF SF 20,000 $3.00 $60,000.00 $2.18 $47,750.00 9 Cold Mill Existing Pavement 1.0-Inch Uniform Depth 10,001-18,000 SF SF 30,000 $2.00 $60,000.00 $1.25 $43,125.00 10 Construct 1.0-Inch Thick ARHM Overlay
1-3,500 SF
(1-20 TN) TN 50 $2,600.00 $130,000.00 $664.00 $57,400.00 11 Construct 1.0-Inch Thick ARHM Overlay
3,501-10,000 SF
(20-60 TN) TN 130 $1,100.00 $143,000.00 $405.00 $75,237.50 12 Construct 1.0-Inch Thick ARHM Overlay 10,001-18,000 SF (60-110 TN) TN 190 $600.00 $114,000.00 $352.67 $78,755.00 $3,490,000.00 $1,401,007.50
$770,000.00 $465,420.00
Total
Asphalt Maintenance and Repair Services
Schedule B
Schedule B Sub-total
Average
Schedule A
Schedule A Sub-total $2,720,000.00 $935,587.50
All American Asphalt
Total
Schedule A
Schedule B
Schedule A Sub-total $ 77,000.00 $177,350.00 $381,000.00 $464,000.00 Schedule B Sub-total $ 119,600.00 $199,460.00 $295,750.00 $596,470.00 Engineer Estimate Horizons Construction Co. Int'l, Inc. Hardy Harper Asphalt A&Y Asphalt Contractors, Inc Item #13. Page 9
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| P a g e Horizons Construction Company Int’l Inc.

CITY OF GLENDORA
Asphalt Maintenance and Repair Services FY 2021-22
Through FY2024-25
HORIZONS CONSTRUCTION COMPANY INT’L INC.
432 W MEATS AVENUE
ORANGE CA 92865
Item #13. Page 10
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2| P a g e Horizons Construction Company Int’l Inc.

Table of Contents
Table of Contents
Cover Letter Pg. 3
Company Information Pg. 4
Project Approach, Methodology and Staffing Pg. 5-8
Project Strategic Plan Pg. 9– 10
Project Understanding and Approach Pg. 11
Scope and Services Pg. 11
Project References Pg. 12-13
Fee Schedule Attached
Item #13. Page 11
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3| P a g e Horizons Construction Company Int’l Inc.

COVER LETTER
DATE: February 9th 2022
Re: City of Glendora—Asphalt Maintenance and Repair Services FY2021-22 Through FY2024-25 Cover Letter
To Whom, it may Concern,
I, Kinan Kotrash, am writing this letter to introduce myself and the company I represent. I am the Vice President of Horizons Construction Company Int' l Inc. located in Orange, CA. I will be the primary point of contact for the above mention project. Our company address is 432 W Meats Avenue, Orange CA 92865, and I can be reached by email at [email protected] or by telephone at 714-626-0000.

I would like to tell you about our company, we have been in business since 2003, and over the years we have done construction projects from different aspects of construction like schools, parks, parking lots, and roadwork. We have also done public buildings like New Classroom Buildings, Fire Stations, Police Stations, Courthouse, and Parks. Our single project bonding capacity exceeds $30 million.

Over the last few years, we also have been completing Job Order Contracts for several counties like San Bernardino. Santa Barbara, County of Riverside, California State University Pomona, and San Bernardino.

We Specialized in the following aspect of work, concrete, grading, demolition, general site work, plumbing, drywall, framing, painting, and ceilings. Horizons holds the specialties license for these tasks.

Horizons Construction Company also holds the following license. A, B, C-2, C-8, C-12, C-20, C-21, C-36.

If you have any questions regarding our services or need any other kind of information, please feel free to contact me.

Sincerely,
Kinan Kotrash
Vice President
Horizons Construction Company
432 W Meats Avenue, Orange CA 92865
P:714-626-0000 F: 714-626-0006
Item #13. Page 12
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4| P a g e Horizons Construction Company Int’l Inc.

Company Information
Horizons Construction Co. Intl, Inc.

CONTRACTOR
432 W Meats Avenue
Orange CA 92865
T: (714) 626-0000
F: (714) 626-0006
www.horizonscci.com
 A—GENERAL ENGINEERING CONTRACTOR
 B—GENERAL BUILDING CONTRACTOR
 C36—PLUMBING
 C12-EARTHWORK AND PAVING
 C21—BUILDING MOVING, DEMOLITION
 C8— CONCRETE
 C2—INSULATION AND ACOUSTICAL
 C20—WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING Ourin-housespecialistsrolluptheir sleevesandapplylessons learnedfrompastprojects:Membersofourfield teams
Item #13. Page 13
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5| P a g e Horizons Construction Company Int’l Inc.

Project Approach, Methodology and Staffing
Our Project Approach
Over the years, we have been in business; Horizons has completed many successful Fire Station Projects, we believe the key to this is have successful communication with owner and GC. This collaborative nature between Owner and GC, we believe yields well thought out and executed projects that hold to project goals and accomplishing the owners’ objectives with the project.

With any construction project, one of the most critical elements is communication between different parties. This is especially true with a owner and GC development team approach to ensure the understanding of the owners’ desire outcome of the construction project. Horizons would assign a project manager and site superintendent for the project. The project manager will be designated main point of contact for our company, eliminating the need for owner or their representative to have difficulty reaching the correct person. Adding to this relationship-building process that we have built over the years, with trustworthy, dependable, and professional subcontractors, that provide us with timely performance, valve, and quality to the project.

Horizons will assemble a list of subcontractors’ firms that will recognize what we are trying to achieve with our client by building a team of professional subcontractor to successfully complete the project in a timely and cost beneficial manner.

As a General Contractor for a project we see the importance of meeting deadline for the project that why it critical to have a detail and well organize schedule for a project. Our superintendents and project managers will do 3 week lookahead schedule and identify the critical items and long lead time items, so that there are not delays to the schedule. Also submittals and RFI questions will be issues to the architect in quick and effectively method. Providing good documentation through the project not only will benefit the GC to be organize and minimize the delays but will also help the client and being aware of the status and overall outcome of the project.

Our loyalty, to this ideal has been very beneficial and rewarding to our clients and our subcontractors.

Horizons Construction Company will build a relationship that will create a successful project that is on time and budget for our clients. By following the structures lined above, we have been successful in significantly reducing the most problematic issues that we have seen in these types of projects.

Incorporating and Managing a Schedule
For Horizons, a project schedule will help establish a timeline for delivering the project and, most importantly, the activities. This comprehensive project schedule will identify all the project stages, phases, and activities assigned to each team member, mapping them to a timeline that measures the key dates that are used to keep track of work progress. Schedule Management by the Project Manager directly with scope, cost, and quality optimization and team member roles and activities must be defined, coordinated, and continually monitored.

Item #13. Page 14
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6| P a g e Horizons Construction Company Int’l Inc.

Project Approach, Methodology and Staffing
The schedule should consider and indicate many factors when evaluating the overall cost of a project. This should include preconstruction activities, which are as important as the construction activities, including items like phase planning, permits, submittals, shop drawings, and procurement of long-lead items, before the start of construction. It is critical that these items are included in the schedule to minimize the effect of delay further down the construction process.

Horizons Construction Company will develop a schedule using either Microsoft Project or Primavera Sure Trak in a Grant Bar Chart form, with detailed information to our client. This schedule will become an outlining tool to complete the project efficiently, and in a timely manner. Our schedule is also integrated into all other aspects of the office support and is managed by the Project Manager and carried out by the on-site superintendent.

Quality Control During Construction
Horizons believes that Quality control through the construction process is imperative to the success of the project. A quality project leads to success on many levels, both short and long term, most notably years of dependable service to the owner.

1. Fully utilized the expertise of the team members to ensure consistency with the project design intent and the expectation of the owner.

2. Periodical meetings with owner and crucial subcontractors to ensure their understanding of the intent of the project and project specific key factors

3. Continuous Field monitoring of work being installed to ensure the proper quality installation and take correction actions in a timely manner to improve quality.

4. A thorough review of construction documents with key personnel and project leads.

5. Thorough project oversites and weekly construction meetings with GC and owner.

Attendance by key personnel of all third-party inspection services and review and record keeping of reports. The best quality control assurance measures we can employ is the utilization of the long standing relationships that we have with our employees, subcontractors, and suppliers with whom we have completed many quality projects.

Also, in order to have good quality control over a project we will have to maintain good documentation through out the project. We have achieved this by making sure we submit RFIS, Submittals and Schedules in a timely manner. Again this is critical to keep the project in motion and not have any delays. Making sure that we have all plans, specs and any Construction Change Directive be managed and included with our organizaItem #13. Page 15 Meeting Date: 2/28/2023 / Packet Page #: 474
7| P a g e Horizons Construction Company Int’l Inc.

Project Approach, Methodology and Staffing
tion of all documents. Our Project Manager will be handling all documentation and being updating the construction documents on a needed bases to ensure the project is going smoothly.

Our Site Superintendent will also be field verify all work done our own forces and our subcontractors. He will also be in charge of handling request and information that certain foremen's will need and providing information to project manager to either send RFI or update schedule. Superintendent will also be also managing order request and making sure that all order are verified with the approved submittal and that the quantities are correct and material is correct.

Safety
Horizons Construction places a high priority on safety, ensuring that our laborers and the public are safe throughout the construction project. We do this by identifying any safety hazard that can cause injury to a worker or the public and find ways of preventing these safety hazards.

For all projects, we provide the following to create a safe work site, where the workers will be well educated of any safety hazards on site.

1. We create an Injury Illness Prevention Plan specific to the project. This plan indicates the following:
a. Designation of persons responsible for implementing the program. b. Compliance with safety work practices
c. Communication and Responsibilities of the Safety Committee d. Near miss reporting system workplace hazard assessment procedures e. Accident investigation procedures
f. Emergency Reporting and Contacts
g. Location of nearest Medical Facility

2. Horizons will request subcontractors to provide a Job Hazard Analysis, which goes in detail of all job hazards on-site per scope and control on how to prevent the hazards. Also, the JHA provides a Risk Assessment Code (RAC) on determining the probability of the hazard.

3. Horizons will conduct weekly on-site safety meetings with different safety topics that are related to the work being performed. On-Site Superintendent will be in charge of conducting a safety meeting and make sure that everyone complies with what the safety topic is about.

Also, Horizons on-site superintendent will be required to make sure all works are wearing proper personal protective equipment, and that every task on site is being done as safely as possible. In addition and due to Item #13. Page 16
Meeting Date: 2/28/2023 / Packet Page #: 475
8| P a g e Horizons Construction Company Int’l Inc.

Project Approach, Methodology and Staffing
the current concerns regarding the COVID-19 pandemic, Horizons has updated its IIPP plans to reflect safety measurement to deal with this current situation.

During the construction duration of the project Horizons Construction Company will implement many safety aspects to ensure the safety of our workers, our subcontractors, our clients, and for the city. Horizons take its safety program very seriously and take every attempt to eliminate potential project hazards.

Project Closeout and Punchlist
Before completion of a project, Horizons construction will begin the closeout procedure for the project and punch list items in a timely manner.

Horizons will provide the following items and services to the owner.

1. Finish and Complete all Punch List Items to DSA Standards

2. Provide all Closeout Documents and Warranty Manual

3. Submitted need Certifications

4. Provide Equipment Startup and Training

5. Testing and Balancing of HVAC,

6. Provide Project Document As-Builts.

At Horizons, we believe that providing the project close-outs and turning over the building to the owner on time to ensure that the owner is happy with the outcome of the project and that we satisfy all the needs of the owner.

Closing Statement
In closing, Horizons would like to show appreciation for this opportunity to bid on this project. Horizons is looks forward to having the opportunity to work with the City of Glendora achieve their goals and provide excellent construction service for the city.

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Project Strategic Plan:

Horizons Construction process for scoping out the details of the Service Work Order Request

1. Horizons Construction will first review the initial scope of work for the new work order.

2. Contact Subcontractors (Preferably close to the project location), and have them attend a joint scope meeting with Horizons Construction Company and Owner.

3. We will then request proposals from subcontractors and build a proposal based on price from subcontractors and work that we perform in-house.

4. We will then choose subcontractor based on their qualifications and price so that they can successfully finish the scope of work in a reasonable time frame.

5. Any RFI or question brought up will be sent to the owner and clarified by the owner before submitting the final estimate.

Horizons Construction Company Approach in soliciting prices from subcontractors.

For each scope of work, the estimator will separate the bids received from subcontractors per trade.

Then estimator will review the inclusion and exclusions of each bid received to make sure all subcontractors are bidding on the same scope of work, after choosing the three lowest bids estimator will check the license, insurance and bonds for the lowest three bids then select the most reasonable and responsible bidder.

Horizons Construction Company can also self-perform work for a much faster turnaround on project proposal and project completion.

In addition to the General engineering license A, General Building License B Horizons has the following specialty licenses:

C-36 – Plumbing
C12 - Earthwork and Paving
C21 – Building Moving, Demolition
C-8 – Concrete
C-2 – Insulation and Acoustical
Horizons does all demolition, grading, Asphalt, Concrete, Ceiling, plumbing inhouse We also have crews to do drywall, framing, painting for small to mid-size jobs.

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Project Strategic Plan:

Horizons Construction Company plan for punching-out and closing projects in a time-efficient manner.

Horizons will provide project schedule at the beginning of each project. The schedule will show the critical path activities, and the materials/equipment is that has a lead time. Horizons will make sure that all items with lead time and that are critical will be submitted right away and ordered on time, once the project starts Horizons will push to finish per schedule and on time concentrating on the critical activities that are driving the schedule. It is always to the contractor benefit to finishing on time or ahead of schedule as that will decrease the overhead costs.

Horizons Construction Management Plan for coordinating and controlling subcontractors.

Prepare schedule and review with all parties involved. Coordinate schedule with owner and occupants and review as agreed upon with Owner.

Schedule labor, materials, and subcontractors by planned schedule and required milestones.

For any delays or extra work requiring changes to the schedule, Contractor to discuss and decide with the Department on changes or acceleration as needed.

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Project Understanding and Approach:

Project Understanding and Approach
As provided above, Horizons Construction understands the necessary steps it takes to run and manage a successful project. When it comes to managing and scheduling crews, we can guarantee we will have our workers there to perform the work. We understand the city will require completing projects successfully and on time. Horizons perform the following trades in-house, concrete, asphalt, demolition, grading, and plumbing; because of this, we can mobilize quickly and successfully perform work quickly as we do not need to hire a subcontractor to perform necessary work.

Horizons process in handling traffic control for a project will be to develop traffic control plans approved by the city before the beginning of any work. The traffic control plans will incorporate school zones, school times, heavy traffic areas, residential areas, crosswalks, and pedestrian pathways. That way, the construction is in the minor convenience of the residents and is not in the way of the city’s day-to-day function. We will set up necessary cones, traffic message boards, barricades, and the appropriate signage for the safety and convenience of the city during the construction of work.

Scope and Services
Horizons Construction Company will be available for any on-call services related to the given contract. When an emergency construction repair is presented to us, we will be able to have a site meeting within 2 hours of the initial call from the owner. After a meeting on-site, we will develop a detailed scope of work to send to the owner. Once the owner agrees on scope and quantities, Horizons Construction will mobilize on-site within 24 hours and begin the work needed to make the necessary repairs.

Horizons understands its importance to the city and the residents of the City of Glendora to mobilize and perform the work quickly when it comes to emergency on-call services. We believe with our current staffing of 100 plus laborers, cement masons, equipment operators, and plumbers, we can achieve completion of a project relatively quick to please both residents and The City of Glendora.

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Past Project References:

Master Agreement for Concrete Maintenance, Repair, Construction, Assessment and Immediate – City of Anaheim
• Master Agreement for Concrete Maintenance, Repair, Construction, Assessment and Immediate Response. • RCP2014-10845
• City of Anaheim
• Various locations in the City of Anaheim
• Kal S. Lambaz
Construction Contracts Administrator
200 S. Anaheim Blvd. Anaheim, CA 92805
714-765-6935
• Contract Amount: $1,000,000
• Construction Services with the City of Anaheim Master Agreement Contact Scope of Work consist of street and sidewalk rehabilitation at various locations in Anaheim.

Asphalt Pavement Repair/Replacement Services for the - City of Chino • Asphalt Pavement Repair/Replacement Services
• PW-2015-0623
• City of Chino
• Various locations in the City of Chino
• Benjamin Orosco
Project Manager
13220 Central Ave. Chino, CA 91710
909-334-3445
• Contract Amount: $150,000
• On-call construction services with the City of Chino, with a contract scope of street rehabilitation and repair of asphalt cracks and potholes in public city parking lots.

General Engineering Job Order Contract Services GEJOC12 – County of San Bernardino • General Engineering Job order Contract Services GEJOC12 • County of San Bernardino
• Various locations in San Bernardino County
• Vas Tsangarides
Project Manager
385 N. Arrowhead Ave. San Bernardino, CA 92415
909-361-8786
[email protected]
• Contract Amount $3,900,000
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Past Project References:
• General Construction services pertaining to our JOC Contract scope of work of General Engineer, which consists of concrete work, site utilities, demolition, plumbing, electrical, asphalt, fencing, and landscape in various locations in San Bernardino County.

General Contractor Job Order Contract Services GBJOC15 – County of Riverside • General Contractor Job Order Contract Services JOC14
• County of Riverside
• Various locations in San Bernardino County
• Dominick Lombardi
Facilities Project Manager III
3403 Tenth Street, Suite 400
Riverside, CA 92501
951-212-3520
[email protected]
• Contract Amount $2,750,000
• General Construction services that are pertaining to our JOC Contract scope of work of General Building Services, which consist of Electrical, HVAC, Plumbing, Glazing, Doors, Roofing, Ceilings, Painting, and other miscellaneous items regarding repairing a building, in various locations in San Bernardino County.

National Joint Powers Alliance – Indefinite Quantity Construction Agreement =2018 • General Building Construction Job Order Contract
• CA-CR-GB01-062718
• Various locations throughout Los Angeles County, Orange County, Riverside County, and San Bernardino County
• TamikoGutierrez
Egordian Group
Senior Account Manager, eqIQC CA
626-720-7272
[email protected]
• Contract Amount $5,000,000
• Ongoing Contract
• General Construction services that are pertaining to our JOC Contract scope of work of General Engineering Services, which consist of Removal and replace of Apshalt, concrete, demolition and grading, new fencing, and project
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PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
HORIZONS CONSTRUCTION COMPANY INTERNATIONAL INC.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF GLENDORA AND
HORIZONS CONSTRUCTION COMPANY INTERNATIONAL INC.

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 2

1.2 Bid Documents.

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

1.3 Compliance with Law.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 3 (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Kinan Kotrash
Vice President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 35
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 4 pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 5

1.7 Protection and Care of Work and Materials.

1.8 Warranty.

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

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 37
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 6 of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 38
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 7 shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,130,430 (One Million One Hundred Thirty Thousand Four Hundred Thirty Dollars) over the Term of this Agreement, but not to exceed $376,810 (Three Hundred Seventy-Six Thousand Eight Hundred and Ten Dollars) in any one year of the Term of this Agreement (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

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 DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 39
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 8 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.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 40
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 9 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.

3.5 Term & Extended Term(s).

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for two (2) additional one-year Extended Terms by giving advance written notice thereof no later than sixty (60) calendar days prior to the expiration of the Term or any Extended Term(s).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 41
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 10 Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

4.3 Contract Officer.

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

4.4 Independent Contractor.

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 DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 42
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 11 the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 12

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

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 13 (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 45
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 14 under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 46
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 15 omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

5.5 Performance and Labor Bonds.

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.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 16

5.7 Substitution of Securities.

5.8 Release of Securities.

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 DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 48
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 17 may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 49
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 18 there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 50
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 19 reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Liquidated Damages.

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

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 20

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.

7.10 Attorneys’ Fees.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 52
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 21 effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

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.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 22 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

9.3 Counterparts.

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

9.4 Integration; Amendment.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

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 DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 54
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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 23 relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Contractor’s Authorized Initials ___________________
Kinan Kotrash
Vice President

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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Asphalt Maintenance and Repair Services FY 2022-23 Through FY 2025-26 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Horizons Construction Company International Inc.

Name: Kinan Kotrash
Title: Vice President and Secretary
Email: [email protected]
Address: 432 W. Meats Ave, Orange, CA 92865
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Asphalt Maintenance and Repair Services FY 2022- 23 Through FY 2025-26, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The Scope of Work entails removing existing asphalt concrete pavement and constructing new asphalt pavement, constructing slurry seal, and grinding pavement and constructing ARHM overlay on an as-requested basis.

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

A. Monthly reports of work completed.

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

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

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01240.0001/535311.1 B-1
EXHIBIT “B”

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

Section 5.1 (c) - Professional liability (errors & omissions) insurance is hereby deleted from the Agreement.

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

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

Line
Item
Item Description
Size of Individual
Job
Unit of
Measure
Quantity Unit Price Extension
SCHEDULE “A”
1 Remove Existing AC Pavement
and Base and Construct 6-Inch
Thick Full Depth AC Pavement
1-50 SF 7,000 $20.59 $144,130.00
2 Remove Existing AC Pavement
and Base and Construct 6-Inch
Thick Full Depth AC Pavement
50-100 SF 3,000 $19.31 $57,930.00
3 Remove Existing AC Pavement
and Base and Construct 6-Inch
Thick Full Depth AC Pavement
100+ SF 2,000 $18.70 $37,400.00
Total Schedule “A” Annual Bid Cost $239,460.00
SCHEDULE “B”
4 Construct Type II Slurry Seal
1-3,500 SF
(1-3 ELT)
ELT 10 $492.75 $49,27.50
5 Construct Type II Slurry Seal
3,501-10,000 SF
(3-9 ELT)
ELT 20 $479.25 $9,585.00
6 Construct Type II Slurry Seal
10,001-18,000 SF
(9-15 ELT)
ELT 30 $465.75 $13,972.50
7 Cold Mill Existing Pavement

1.0-Inch Uniform Depth 1-3,500 SF
SF 7,000 $12.27 $15,890.00
8 Cold Mill Existing Pavement

1.0-Inch Uniform Depth 3,501-10,000 SF
SF 20,000 $2.10 $42,000.00
9 Cold Mill Existing Pavement

1.0-Inch Uniform Depth 10,001-18,000 SF
SF 30,000 $1.96 $58,800.00
10 Construct 1.0-Inch Thick
ARHM Overlay
1-3,500 SF
(20-60 TN)
TN 50 $360.45 $18,022.50
11 Construct 1.0-Inch Thick
ARHM Overlay
3,500-10,000 SF
(20-60 TN)
TN 130 $344.25 $44,752.50
12 Construct 1.0-Inch Thick
ARHM Overlay
10,001-18,000 SF
(60-110 TN)
TN 190 $324.00 $61,560.00
Total Schedule “B” Annual Bid Cost $269,510.00
Not to Exceed Total $508,970.00
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01240.0001/535311.1 C-2
 Quantity may be changed or item may be deleted
II. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

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

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

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

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

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

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

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EXHIBIT “D”

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

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

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

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

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

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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Asphalt Maintenance and Repair Services FY 20221-23 Through FY 2025-26
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:

NOTICE:

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ADDITIONAL INSURED ENDORSEMENT

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 64
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 67
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

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

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

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

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

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

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: D475166F-50C3-4B2F-B375-AB415B93FC82 Item #13. Page 72
Meeting Date: 2/28/2023 / Packet Page #: 531
Construction Contract Award
.

AWARD AS-NEEDED ASPHALT MAINTENANCE & REPAIR
SERVICES CONTRACT IN THE AMOUNT OF $508,970/YR
FOR THREE YEARS (STRATEGIC PLAN ITEM 49-IMCIF)
Public Works Department
Engineering Division
City Council
February 28, 2023
Maliha Ansari, Principal Civil Engineer CityOfGlendora.org Item #13. Page 73
Meeting Date: 2/28/2023 / Packet Page #: 532
2 CITY PAVEMENT INVENTORY
• Glendora has >30 million ft2 & 155 center-line miles of primarily asphalt pavement. • Asphalt concrete pavement deteriorates over time due to weather and load conditions. • Localized spot repairs help preserve surrounding pavement and extend pavement life and are commonly needed in support of City water infrastructure repairs Item #13. Page 74
Meeting Date: 2/28/2023 / Packet Page #: 533
3 Potential Repairs / Scope
Slurry Seal Full Depth Reconstruction
Grind and Overlay
Item #13. Page 75
Meeting Date: 2/28/2023 / Packet Page #: 534
4 PROJECT AWARD
• Proposals Received on February 10, 2022.
• Four (4) responsive proposals were received.
• Proposals ranged from $376,810 to $3,490,000.
• Horizon Construction Company International was the lowest bidder. • Horizon submitted a revised proposal in the amount $508,970 based on significant inflation.
• Significantly lower than second lower bidder.

Item #13. Page 76
Meeting Date: 2/28/2023 / Packet Page #: 535
5 PROJECT TIMELINE
• Award of Contract: Feb 28, 2023
• Contract Duration: Three (3) Years
• Extension Option: Two (2) Years w/ Council Approval
Item #13. Page 77
Meeting Date: 2/28/2023 / Packet Page #: 536
6 FISCAL IMPACTS
Fund Account Number Amount
205 Gas Tax Fund 205-6562-59100 $220,000
531 Water Operations Funds 531-6562-59100 $30,000
Total $250,000
FY 2022-23 Prorated Budget
• For FY2023-24 & FY 2024-25 the full amount of $559,867 including contingency will be requested.

Item #13. Page 78
Meeting Date: 2/28/2023 / Packet Page #: 537
7 RECOMMENDATIONS

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

2. Award the contract to Horizons Construction Company International Inc. for asneeded asphalt maintenance and repair services in an amount of $508,970 with a 10% contingency in the amount of $50,897 for a total amount of $559,867 per year;

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

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

That the City Council:

Item #13. Page 79
Meeting Date: 2/28/2023 / Packet Page #: 538

Glendora City CouncilFebruary 28, 2023

Glendora City Council
February 28, 2023