Agenda packet — Glendora City Council, March 14, 2023 (part 3 of 5)

BID PROPOSAL
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318.

NAME OF BIDDER:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (DIR):

No. Class Expiration Date

1. Proposal
(a) Bidder has examined copies of all the Contract Documents, including without limitation the Agreement wherein each of the other Contract Documents is identified, and accepts all the terms and conditions thereof. (b) Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with City in the form included in the Contract Documents to complete all work as specified in the Agreement for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents. (c) This bid will remain open and not be withdrawn for the period specified in the Instructions to Bidders. If awarded the bid, bidder will sign the Agreement and submit the bonds, certificates and other documents required by the Contract Documents within fifteen (15) days after the date of the award of the contract by the City Council.
(d) Bidder has examined the site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents.
(e) Bidder has included page 5 of 10 of the General Conditions initialed by the contractor at paragraph 4.03 Liquidated Damages.

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.

FS Contractors, Inc.
1005940 A-C8-C27 07/31/23
1000033438 06/30/23
453,800
Four Hundred fifty three thousand and eight hundred
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1 LA Signal Construction 1000005664 Various Locations Electrical PCI 1000377609 Various Locations Stripping
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19 January 2023
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N/A
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PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
F.S. CONTRACTORS INC.

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PUBLIC WORKS AGREEMENT BETWEEN

THE CITY OF GLENDORA AND
F.S. CONTRACTORS INC.

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

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

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1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318 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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(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 _______________
Jose Angel Fierros, 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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 16
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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.
(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.

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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.

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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 18
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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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 19
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shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $453,800 (Four Hundred Fifty-Three Thousands, Eight Hundred Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.10. 2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 20
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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 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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 21
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litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

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

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 22
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the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

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

4.3 Contract Officer.

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

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 23
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Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(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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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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(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.

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(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 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.

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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.

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 28
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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.

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

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6.2 Reports.

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

6.3 Ownership of Documents.

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

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 31
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of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

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

7.4 Waiver.

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

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any 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.

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7.7 Liquidated Damages.

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

7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Contractor.

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

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 33
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equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation 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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 34
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Pedestrian Enhancement Plan 1318
orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

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 DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 35
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Pedestrian Enhancement Plan 1318
Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Contractor’s Authorized Initials ___________________
Jose Angel Fierros, 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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Pedestrian Enhancement Plan 1318
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:

F.S. CONTRACTORS INC.

Name: Jose Angel Fierros
Title: President
Email Address: [email protected]
Name: Jose Ernesto Fierros
Title: Corporate Secretary
Email Address: [email protected]
Address: 14838 Bledsoe St, Sylmar, CA 91342
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

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EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the submitted proposal for the project entitled Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The project includes the installation of curb extensions, high-visibility crosswalks, enhanced crosswalk signage and pavement markings, flashing beacons at stop signs, pedestrian countdown signals, lead ped intervals, and no-passing centerlines in the vicinity of five (5) public and private elementary schools including Cullen Elementary, Sellers Elementary, La Fetra Elementary, Hope Lutheran School, and Stanton Elementary as follows:

1. Live Oak Avenue and Whitcomb Avenue

2. Live Oak Avenue and Leadora Avenue

3. Live Oak Avenue and Bennett Avenue

4. Loraine Avenue and Sierra Madre Avenue

5. Loraine Avenue and Northridge Avenue

6. Loraine Avenue and Comstock Avenue

7. Loraine Avenue and La Flora Lane

8. Loraine Avenue and Whitcomb Avenue

9. Loraine Avenue and Leadora Avenue

10. Loraine Avenue and Bennett Avenue

11. Grand Avenue and Bennett Avenue

12. Grand Avenue and Leadora Avenue

13. Foothill Boulevard and Glenwood Avenue

14. Foothill Boulevard and Loraine Avenue

15. Route 66 and Vecino Drive

16. Mauna Loa Avenue and Vecino Drive

17. Grand Avenue and Mauna Loa Avenue

18. Mauna Loa Avenue and La Serena Dive (Not in City Limits] 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:

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A. Weekly Progress Report
B. Weekly Updated (2-week ahead) work schedule
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. [THIS PAGE INTENTIONALLY LEFT BLANK]
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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:

No. Items Unit Quantity Unit Price Extension
1 Mobilization and Demobilization LS 1 $10,000.00 $10,000.00 2 Traffic and Pedestrian Control for
Construction LS 1 $15,000.00 $15,000.00
3 Construction Survey LS 1 $7,500.00 $7,500.00
4 Sawcut and Remove Existing PCC
Curb Ramp and Related Sidewalk,
Curb, Gutter, AC Pavement and Base
Material Slot. Construct New PCC
Curb Ramp with Detectable Warning
Surface and Related Curb, Gutter,
EA 14 $7,600.00 $106,400.00
5 Sawcut and Remove Existing PCC
Curb Ramp and Related Sidewalk,
Curb, Gutter, AC Pavement and Base
Materials. Construct New PCC Curb
Extensions (Bulb-outs) with Curb
Ramps, Detectable Warning Surfaces,
LS 1 $88,000.00 $88,000.00
6 Remove and Reconstruct P.C.C.

Sidewalk SF 200 $15.00 $3,000.00
7 Adjust Utility Lid to Finish Grade EA 2 $750.00 $1,500.00 8 Remove Existing Pedestrian Push
Button and Replace with ADA APS
Pedestrian Push Button including All
Required Wiring
EA 20 $2,400.00 $48,000.00
9 Remove and Reconstruct P.C.C. Cross
Gutter and Spandrel SF 2300 $28.00 $64,400.00
10 Traffic Signing and Striping, including
Solar LED Stop Sign LS 1 $110,000.00 $110,000.00
Total $453,800.00
 Quantity may be changed, or item maybe deleted.

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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:

Following the award of the contract, City’s Contract Officer will issue a written notice to proceed which shall include a designation of the “days to perform” the scope of work in Exhibit “A,” the “deadline date” by which the scope of work must be completed, and identify such report(s) or other work product the Contractor shall deliver during the performance of the scope of work in Exhibit “A.”
Description Days to Perform Deadline Date
A. All Work 45 Working
Days
August 7, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. August 7, 2023.

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 F.S.

CONTRACTORS INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318;
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 $453,800 (Four Hundred Fifty-Three Thousands, Eight Hundred Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 44
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01240.0001/535311.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to F.S. CONTRACTORS INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows:

Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318; 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 $453,800 (Four Hundred Fifty-Three Thousands, Eight Hundred Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

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Executed on , 20____.

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

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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318
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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 50
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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: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 53
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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

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 54
Meeting Date: 3/14/2023 / Packet Page #: 474
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 55
Meeting Date: 3/14/2023 / Packet Page #: 475
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 56
Meeting Date: 3/14/2023 / Packet Page #: 476
01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 57
Meeting Date: 3/14/2023 / Packet Page #: 477
01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 88645B46-A1D1-4C77-AD8A-20ABB90BC439 Item #11. Page 58
Meeting Date: 3/14/2023 / Packet Page #: 478
Alison Sweet, P.E.

City Engineer Date Approved
Specifications for

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS
(HSIP CYCLE 9)
PLAN NO. 1318

FOR USE IN CONNECTION WITH THE

STANDARD SPECIFICATIONS FOR

PUBLIC WORKS CONSTRUCTION,

LATEST EDITION

BID OPENING
DATE &TIME: DEC 01, 2022
10:00 AM
Type text here
10/13/2022
Item #11. Page 59
Meeting Date: 3/14/2023 / Packet Page #: 479

TABLE OF CONTENTS

DEFINITION SECTION

NOTICE INVITING BIDS I

INSTRUCTIONS TO BIDDERS II

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

BID BOND IV

CONTRACT AGREEMENT V

GENERAL CONDITIONS VI

ESCROW AGREEMENT IN LIEU OF RETENTION VII

SPECIAL PROVISIONS VIII
• DEFINITION OF BID ITEMS

FEDERAL REQUIREMENT FOR FEDERAL-AID PROJECTS IX

FEDERAL WAGE DETERMINATION X

NPDES REQUIREMENTS XI

SCALE PLAN XII
INDEX
Item #11. Page 60
Meeting Date: 3/14/2023 / Packet Page #: 480
Revised 10/2022

NOTICE INVITING BIDS

SECTION I

Page 1 ends

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Glendora, County of Los Angeles, California (hereinafter "City") will receive and accept sealed bids ONLY via the online electronic bid service, www.questcdn.com , until 10 a.m. on Thursday, December 01, 2022 for:

Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318 (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 8018661 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 Associate Civil Engineer, Michael Mai at (626) 914-8257 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 ACKNOWLEDGMENT 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.

DUE TO THE PROXIMITY OF THE PROJECT LOCATIONS TO CITYWIDE ELEMENTARY SCHOOLS, NO

CONSTRUCTION WORK THAT IMPACTS PEDESTRIAN MOVEMENTS IS ALLOWED TO START PRIOR TO JUNE 1, 2023. THE CONSTRUCTION MUST BE COMMENCED ON JUNE 1, 2023, AND BE COMPLETED BY AUGUST 7, 2023.

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 Part 26, Title 49, Code of Federal Regulations applies to the Federal-Aid Project. Nondiscrimination provisions apply to all programs and activities of federal-aid recipients, sub recipients, and contractors, regardless of their tier (40 Code of Federal Regulations, Par21). The city will collect and report participation and utilizations of Disadvantage Business Enterprise (DBEs) on federal-aid contracts.

The City’s DBE participation percentage goal for this contract is 19%.

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

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

Kathleen R. Sessman, MMC
City Clerk
City of Glendora
Publish in SAN GABRIEL VALLEY EXAMINER (Ad Type: Legal): October 27, November 03, and November 10, 2022 End Section I - Notice Inviting Bids
Item #11. Page 61
Meeting Date: 3/14/2023 / Packet Page #: 481
Revised 09/2018

INSTRUCTIONS TO BIDDERS

SECTION II

Page 1 ends

INSTRUCTIONS TO BIDDERS
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318.

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 set 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 #11. Page 62
Meeting Date: 3/14/2023 / Packet Page #: 482
Revised 09/2018

INSTRUCTIONS TO BIDDERS

SECTION II

Page 2 ends

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 Item #11. Page 63
Meeting Date: 3/14/2023 / Packet Page #: 483
Revised 09/2018

INSTRUCTIONS TO BIDDERS

SECTION II

Page 3 ends

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

7. Submission of Bid

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

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

7.3 The bid shall be accompanied with page 5 of 10 of the General Conditions initialed by the Contractor at paragraph 4.03 liquidated damages.

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 fifteen (15) days before the award of the contract by the City Council, the successful bidder shall sign and deliver at least two (2) counterparts of the Agreement to the City Clerk together with the labor and materials bond, faithful performance bond, certificate regarding workers' compensation, insurance certificates, Item #11. Page 64
Meeting Date: 3/14/2023 / Packet Page #: 484
Revised 09/2018

INSTRUCTIONS TO BIDDERS

SECTION II

Page 4 ends

proof of a valid City of Glendora business license and any other documents required by the Contract Documents. The bonds and workers' compensation certificate shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. Within fifteen (15) days after the award, the City shall deliver one fully signed counterpart to the successful bidder.

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 forty-five (45) 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 #11. Page 65
Meeting Date: 3/14/2023 / Packet Page #: 485
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 1 ends

BID PROPOSAL
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318.

NAME OF BIDDER:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (DIR):

No. Class Expiration Date

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 ($ ).

SECTION III

Page 2 ends

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

4. Addenda
Bidder acknowledges receipt of Addenda identified as:

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

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

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

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

Also listed below is the portion of the work which will be done by each subcontractor. (List only one subcontractor for each portion of the work as defined by the bidder in this bid.) [P.C.C. Section 4100 et seq.,] Portion
Subcontractor Location of work of work
Name & PWC registration #
Item #11. Page 67
Meeting Date: 3/14/2023 / Packet Page #: 487
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 3 ends

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) Page 5 of the General Conditions initialed by the Contractor at Paragraph 4.03 Liquidated Damages (e) Other pertinent documents (list here and attach to this bid) • Equal Opportunity Certification Page IX-34
• Debarment and Suspension Certificate Page IX-38
• Disclosure of Lobbying Activities Page IX-40
• Bidder’s List of Sub-Contractors- Part I Page IX-56
• Bidder’s List of Sub-Contractors- Part II Page IX-57
(f) Following document, fully executed, must be submitted no later than 4:00 p.m on the 4th business day after bid opening
• Local Agency Bidder DBE Commitment Page IX-51 & IX-52 • DBE information – Good Faith Effort Page IX-53 through IX-55 (g) Other pertinent documents (list here or attach to this bid) Dated this day of , 2022
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 #11. Page 68
Meeting Date: 3/14/2023 / Packet Page #: 488
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 4 ends

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.)
Item #11. Page 69
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BID PROPOSAL (Part 1)

SECTION III

Page 5 ends

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)
Item #11. Page 70
Meeting Date: 3/14/2023 / Packet Page #: 490
Revised 10/2022
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 1 ends

Unit Price List
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318
NAME OF BIDDER:

ADDRESS: PHONE NO:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (D.I.R.)
No. City Expiration Date
APPROX. UNIT PRICE TOTAL PRICE
ITEM QUANTITY UNIT DESCRIPTION (Figures) (Figures)

1. 1 LS Mobilization and Demobilization
UNIT PRICE (Words)
$ $

2. 1 LS
Traffic and Pedestrian Control for
Construction
UNIT PRICE (Words)
$ $

3. 1 LS Construction Survey
UNIT PRICE (Words)
$ $

4. 14 EA
Sawcut and Remove Existing PCC Curb
Ramp and Related Sidewalk, Curb, Gutter,
AC Pavement and Base Material Slot.

Construct New PCC Curb Ramp with
Detectable Warning Surface and Related
Curb, Gutter, Sidewalk and AC Pavement
Slot Repair Complete in Place per Plan
UNIT PRICE (Words)
$ $
SUB TOTAL (Items # 1 – 4): $ _________________

In Words
(Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

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

Item #11. Page 71
Meeting Date: 3/14/2023 / Packet Page #: 491
Revised 10/2022
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 2 ends

Unit Price List
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318
NAME OF BIDDER:

ADDRESS: PHONE NO:

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

5. 1 LS
Sawcut and Remove Existing PCC Curb
Ramp and Related Sidewalk, Curb, Gutter,
AC Pavement and Base Materials.

Construct New PCC Curb Extensions
(Bulb-outs) with Curb Ramps, Detectable
Warning Surfaces, and Related Curbs,
Gutters, Sidewalks and Pavement Slot
Repairs at Three Corners of the Loraine
Avenue and Leadora Avenue Intersection
as Shown on Plan Sheet 3 Complete in
Place
UNIT PRICE (Words)
$ $

6. 200 SF Remove and Reconstruct P.C.C. Sidewalk
UNIT PRICE (Words)
$ $

7. 2 EA Adjust Utility Lid to Finish Grade

UNIT PRICE (Words)
$ $

8. 20 EA
Remove Existing Pedestrian Push Button
and Replace with ADA APS Pedestrian
Push Button including All Required Wiring
UNIT PRICE (Words)
$ $
SUB TOTAL (Items # 5 - 8): $ _________________

In Words
(Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

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

Item #11. Page 72
Meeting Date: 3/14/2023 / Packet Page #: 492
Revised 10/2022
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 3 ends

Unit Price List
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318
NAME OF BIDDER:

ADDRESS: PHONE NO:

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

9. 2,300 SF
Remove and Reconstruct P.C.C. Cross
Gutter and Spandrel

UNIT PRICE (Words)
$ $

10. 1 LS Traffic Signing and Striping, including Solar
LED Stop Sign

UNIT PRICE (Words)
$ $
SUB TOTAL (Items # 9 and # 10): $ _________________
TOTAL PROJECT BID COST: $ _________________
(Inclusive Items # 1 - 10)

In Words
(Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

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

Item #11. Page 73
Meeting Date: 3/14/2023 / Packet Page #: 493
Revised 08/2012

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.

Item #11. Page 74
Meeting Date: 3/14/2023 / Packet Page #: 494
Revised 08/2012

BID BOND

SECTION IV

Page 1 ends

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:

Pedestrian Enhancement at Elementary Schools (HSIP Cycle9) , Plan No. 1318 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
Item #11. Page 75
Meeting Date: 3/14/2023 / Packet Page #: 495
Revised 06/2022

AGREEMENT

SECTION V
PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO 1318

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
_____________________________________
Item #11. Page 76
Meeting Date: 3/14/2023 / Packet Page #: 496
Revised 01/2021

AGREEMENT

SECTION V

Page 1 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
_____________________
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 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.

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Item #11. Page 77
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Revised 01/2021

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled _ Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No 1318, 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.

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 Item #11. Page 78
Meeting Date: 3/14/2023 / Packet Page #: 498
Revised 01/2021

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

AGREEMENT

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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 Item #11. Page 80
Meeting Date: 3/14/2023 / Packet Page #: 500
Revised 01/2021

AGREEMENT

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Page 5 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

1.8 Warranty.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any fhgy0/13/2022
Item #11. Page 81
Meeting Date: 3/14/2023 / Packet Page #: 501
Revised 01/2021

AGREEMENT

SECTION V

Page 6 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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

1.9 Further Responsibilities of Parties.

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

AGREEMENT

SECTION V

Page 7 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

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

2.2 Method of Compensation.

Item #11. Page 83
Meeting Date: 3/14/2023 / Packet Page #: 503
Revised 01/2021

AGREEMENT

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Page 8 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318

2.3 Reimbursable Expenses.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is 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.

Item #11. Page 84
Meeting Date: 3/14/2023 / Packet Page #: 504
Revised 01/2021

AGREEMENT

SECTION V

Page 9 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318

3.2 Schedule of Performance.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within 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.

Item #11. Page 85
Meeting Date: 3/14/2023 / Packet Page #: 505
Revised 01/2021

AGREEMENT

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Page 10 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

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.

4.3 Contract Officer.

The Contract Officer shall be Maliha Ansari, Principal Civil Engineer, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing Item #11. Page 86
Meeting Date: 3/14/2023 / Packet Page #: 506
Revised 01/2021

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for 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.

AGREEMENT

SECTION V

Page 12 ends

PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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”.

AGREEMENT

SECTION V

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Item #11. Page 89
Meeting Date: 3/14/2023 / Packet Page #: 509
Revised 01/2021

AGREEMENT

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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 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.

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318

5.5 Performance and Labor Bonds.

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.

5.8 Release of Securities.

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 (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.

6.2 Reports.

6.3 Ownership of Documents.

AGREEMENT

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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.

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.

Item #11. Page 94
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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by 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 Item #11. Page 95
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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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.

Item #11. Page 96
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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318

7.8 Termination Prior to Expiration of Term.

7.9 Termination for Default of Contractor.

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.

AGREEMENT

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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.

8.2 Conflict of Interest.

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.

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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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.

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.

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 Item #11. Page 99
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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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.

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 #11. Page 100
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PEDESTRIAN ENHANCEMENT AT ELEMENTARY SCHOOLS (HSIP CYCLE 9), PLAN NO. 1318 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:

Title:

Email Address:

Name:

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 #11. Page 101
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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 Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

According to Notice of Exemption, the following intersections are exempt from CEQA:

1. Live Oak Avenue and Whitcomb Avenue

2. Live Oak Avenue and Leadora Avenue

3. Live Oak Avenue and Bennett Avenue

4. Loraine Avenue and Sierra Madre Avenue

5. Loraine Avenue and Northridge Avenue

6. Loraine Avenue and Comstock Avenue

7. Loraine Avenue and La Flora Lane

8. Loraine Avenue and Whitcomb Avenue

9. Loraine Avenue and Leadora Avenue

10. Loraine Avenue and Bennett Avenue

11. Grand Avenue and Bennett Avenue

12. Grand Avenue and Leadora Avenue

13. Foothill Boulevard and Glenwood Avenue

14. Foothill Boulevard and Loraine Avenue

15. Route 66 and Vecino Drive

16. Mauna Loa Avenue and Vecino Drive

17. Grand Avenue and Mauna Loa Avenue

A. Existing Conditions report and status of overall work schedule.

B. Progress reports of work completed over the past two (2) weeks.

C. The report of work to be completed over the next two (2) weeks.

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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 #11. Page 103
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01240.0001/535311.1 B-1
EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following 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.

Item #11. Page 104
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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 and Demobilization LS 1
2 Traffic and Pedestrian Control for Construction LS 1
3 Construction Survey LS 1
4 Sawcut and Remove Existing PCC Curb Ramp and
Related Sidewalk, Curb Gutter, AC Pavement and
Base Material Slot, Construct New PCC Curb
Ramp with Detectable Warning Surface and
Related Curb, Gutter, Sidewalk and AC Pavement
Slot Repair Complete in Place per Plan EA 14
5 Sawcut and Remove Existing PCC Curb Ramp and
Related Sidewalk, Curb Gutter, AC Pavement and
Base Material, Construct New PCC Curb Extensions
(Bulb-outs) with Curb Ramps, Detectable Warning
Surfaces, and Related Curbs, Gutters, Sidewalks
and Pavement Slot Repair at Three Corners of the
Loraine Avenue and Leadora Avenue Intersection
as Shown on Plan Sheet 3 Complete in Place LS 1
6 Remove and Reconstruct P.C.C. Sidewalk SF 200
7 Adjust Utility Lid to Finish Grade EA 2
8 Remove Existing Pedestrian Push Button and
Replace with ADA APS Pedestrian Push Button
including All Required Wiring EA 20
9 Remove and Reconstruct P.C.C. Cross Gutter and
Spandrel SF 2,300
10 Traffic Signing and Striping, including Solar LED
Stop Sign 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.

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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 #11. Page 106
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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 45 Working Days August 7, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. August 7, 2023.

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

Item #11. Page 107
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PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contract for the work entitled and described as follows: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318; 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 #11. Page 108
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01240.0001/535311.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Item #11. Page 109
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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: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318;
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 #11. Page 110
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Executed on , 20__.

Item #11. Page 111
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01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #11. Page 112
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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 Item #11. Page 114
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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 #11. Page 115
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #11. Page 116
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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 Item #11. Page 117
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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

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 #11. Page 118
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

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

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

Item #11. Page 121
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01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___.

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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GENERAL CONDITIONS
WORK IDENTIFICATION: Pedestrian Enhancement at Elementary Schools (HSIP Cycle 9), Plan No. 1318.

ARTICLE PAGE
NO. CONTENTS NO.

1.0 Definitions 3

1.01 General Construction

1.02 Terms Defined

1.03 Standard Specifications

2.0 Work and Material Requirements 4

2.01 Use of Premises

2.02 Or Equal

2.03 Samples

2.04 Warranty

2.05 Liens

3.0 Payments to Contractor 5

3.01 Substitution of Securities

4.0 Time for Completion 5

4.01 Payments for Delays to Contractor

4.02 Rights of City to Increase Working Days

4.03 Liquidated Damages

5.0 Subcontracting 6

5.01 Subcontractors Bound by Contract

5.02 City Consent to Subcontractors

6.0 Work by Others 6

6.01 City's Right to Award Other Contracts

6.02 Contractor's Responsibilities

7.0 Authority of The City Engineer 7

7.01 General Authority

7.02 Interpretation of Specifications and Drawings

7.03 Inspection

7.04 Disputes Pertaining to Payment for Work

8.0 General Provisions 7

8.01 Utilities

8.02 Water Supply

8.03 Dust Control

8.04 Removal and disposal of Structures and Obstructions

8.05 Surveys

8.06 Layout and Field Engineering

8.07 Traffic Requirements

8.08 Tests and Inspections

8.09 Soils Investigation Report

8.10 Compaction Tests

8.11 Cutting and Patching

8.12 Record Keeping
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9.0 Acceptance of Work 10

9.01 Fulfillment of Contract

9.02 Correction of Work Before Acceptance

9.03 Deductions for Uncorrected Work

9.04 Final Cleaning Up

9.05 Certificate as to Compliance with Certain Regulations

9.06 Recycled Materials Certificate
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1. Definitions

1.01 General Construction
(A) Terms defined in this Article which are used in other Contract Documents have the meaning assigned herein, unless the context requires a different meaning. (B) 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. (C) 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.

1.02 Terms Defined
(A) City The City of Glendora, or the Glendora Community Redevelopment Agency, County of Los Angeles, State of California. (B) City Clerk The City Clerk or Secretary of the City. (C) City Council The City Council or Agency of the City. (D) City Engineer/Engineer The City Engineer of the City or his duly authorized deputies, of Work/Engineer agents, representatives, or inspectors. (E) Contractor The successful bidder to whom the contract is awarded. (F) Days Calendar days, unless business days or workdays are expressly specified.
(G) 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.
(H) Project The project is the total improvement, of which the work performed under the contract may be the whole or a part.
(I) Special Conditions Any Contract Document that supplements, modifies and, when in conflict, supersedes these General Conditions.
(J) Standard Specifications/ Standard Specifications for Public Works Construction, latest edition, written and promulgated by the Joint Committee of the Southern California Chapter, American Public Works Association, and the Southern California Districts, Associated General Contractors of California.
(K) Subcontractor Any subcontractor under the Contractor. (L) Work That which is proposed to be constructed or done under the contract, in strict accordance with the
Contract Documents, including the furnishing of all
necessary or convenient tools, equipment, materials,
labor and transportation.

1.03 Standard Specifications
The provisions of these General Conditions and any other Contract Document supersede the Standard Specifications to the extent that said provisions supplement, modify or conflict with the Standard Specifications.

2. Work and Material Requirements

2.01 Use of Premises
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(A) The Contractor shall confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the City Engineer.
(B) 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.

2.02 Or Equal
In the event Contractor furnishes and "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]

2.03 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 City Engineer. This provision shall not authorize any extension of time for performance of the contract. The City 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]

2.04 Warranty
(A) 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. (B) 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.
(C) 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.
(D) 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.

2.05 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 herein 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 he 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 Item #11. Page 126
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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.

3. Progress Payments to Contractor

3.01 Substitution of Securities
Pursuant to Public Contract Code Section 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 Section 16430 or bank or savings and loan certificates of deposit. [P.C.C. Section 22300] Securities shall be substituted upon the following terms and conditions:
(1) Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made. (2) Securities or certificates of deposit shall be of a value equal to 100 percent of the amounts of retention to be paid to Contractor pursuant to this section. (3) Contractor shall enter into an Escrow Agreement in the form attached to these General Conditions as Exhibit "A".
(4) Contractor shall obtain the written consent of the surety to the escrow Agreement.

4. Time for Completion

4.01 Payment for Delays to Contractor
Contractor will be compensated when any extension of time is granted for delays caused solely by action or inaction of the City, which the City Engineer determines materially increases or decreases the costs of any portion of the work. If the City 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 City Engineer, as provided in the Standard Specifications relative to disputed work.

4.02 Rights of City to Increase Working Days
If the 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.

4.03 Liquidated Damages
The sum that the Contractor shall pay to the City as liquidated damages is one thousand dollars ($1000.00) per working day. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract. {Government Code Section 53069.85} Progress payments made by the City after the time allowed to complete the work shall not constitute a waiver of liquidated damages by the City.

City Contractor
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5. Subcontracting

5.01 Subcontractors Bound by Contract
Contractor agrees to bind every subcontractor by the terms of the contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be as fully responsible to the City for acts and omissions of every subcontractor and of persons either directly or indirectly employed by every such subcontractor, as he is for acts and omissions of persons directly employed by himself. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City.

5.02 City Consent to Subcontractor
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.

6. Work by Others

6.01 City's Right to Award Other Contracts
(A) 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. (B) The simultaneous execution of any contract is likely to cause interference with performance of some other contract or contracts, 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. Notwithstanding any other provision of these General Conditions, the City shall not be responsible for any damages suffered or extra costs incurred by Contractor resulting directly or indirectly from award or performance or attempted performance of any other contract or contracts on project, or caused by any decision or omission of the City respecting the order of precedence in performance on contracts.

6.02 Contractor's Responsibilities
Contractor shall ascertain to his own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by the City in prosecution of project to the end that Contractor may perform the contract in the light of such other contracts, if any. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate his work with theirs.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the project.

If any part of Contractor's work depends for proper execution or results upon work of any other contractor, Contractor shall inspect and promptly report to the City Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure to do so shall constitute a waiver by Contractor of any claim of delay caused by events beyond Contractor's control.

Contractor shall submit copies of Purchase Order within five (5) working days of the Notice of Award of contract.

No work is allowed until all equipment is delivered to the contractor’s yard or contractor is not allowed to begin any work until all signal equipment is on hand.

7. Authority of The City Engineer

7.01 General Authority
The City Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, and shall decide all questions which may arise as to the interpretation of the Drawings and specifications, and all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and as to compensation. His decisions shall be final and he shall have authority to enforce and make effective such decisions and orders.

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7.02 Interpretation of Drawings and Specifications
The City Engineer shall interpret the meaning of any part of the Drawings and specifications about which any misunderstanding may arise and his decision will be final. Should there appear to be any error or discrepancy in or between the drawings and specifications, Contractor shall refer the matter to the City Engineer for adjustment before proceeding with the work. Should Contractor proceed with the work without so referring the matter, he does so at his own risk.

7.03 Inspection
The City Engineer shall have full access to all operations involving work under the contract and shall be provided reasonable advance notice of the time and place of operations which he desires to observe. He shall be provided with all requested samples of materials and work for testing purposes.

7.04 Disputes Pertaining to Payment for Work
Should any dispute arise respecting the true value of any work done, of any work omitted, or any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this contract, such dispute shall be decided by the City Engineer.

8. General Provisions

8.01 Utilities
(A) All utilities, including but not limited to, electricity, water, gas, telephone used on the work shall be furnished at Contractor's sole expense. 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. (B) If the contract is for an addition to an existing structure, Contractor may, with written permission of the City Engineer, use the City's existing utilities to carry on the work by making prearranged payments to the City.

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

All water used other than through a service connection and meter shall be through a fire hydrant meter. Hydrant meters shall be installed by the Contractor and moved from one location to another only upon approval of the City Engineer and the Los Angeles County Fire Department. The applicant shall deposit one thousand and twenty dollars ($1,020.00) 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.).

8.03 Dust Control
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 City 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.

8.04 Removal and Disposal of Structures and Obstructions All fences, trees and obstructions of any nature to the execution of the work shall be removed by Contractor and be disposed of, reused or delivered to the City Yard as required. This work is to be included in the cost of other items bid on, if there is no item covering same. All such obstructions privately owned which are removed by Contractor shall be replaced or compensated for to the satisfaction of the City Engineer at the Contractor's sole expense.

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8.05 Surveys
All surveys required are the responsibility of the Contractor.

8.06 Layout and Field Engineering
All field Engineering required for layout of the work and establishing grades for earthwork operations shall be furnished by Contractor at his sole expense. Such work shall be done by a qualified civil engineer approved by the City Engineer. Any required "As Built" drawings of site development shall be prepared by the approved civil engineer at the Contractor's sole expense.

8.07 Traffic Requirements
(A) Standard References
(1) All warning signs, barricades, lights and performance of flagmen shall conform to the "Manual of Traffic Controls for Construction and Maintenance Work Zones" (latest edition) which is compiled in accordance with Section 21400 of the California Vehicle Code and issued by the State of California, Department of Transportation (Caltrans). All work area traffic control shall be provided, installed and maintained in good condition by the contractor.
(B) Minimum Requirements for Maintaining Traffic Flow
(1) Traffic in both directions shall be maintained on all streets at all times. The Contractor shall maintain a minimum lane width of ten (10) feet, a minimum clearance of three (3) feet to excavations, and a minimum of two (2) feet to curbs and other obstructions.
(2) The Contractor shall maintain all travel lanes on streets throughout the project free and clear of debris and/or construction equipment.
(C) Street Closures, Detours, and Barricades
(1) The Contractor shall submit to the City Engineer, for review and approval, a drawing for providing temporary traffic control during construction at least five (5) working days before closing or partially closing any street.
(2) The Contractor shall notify the following agencies at least forty-eight (48) hours in advance of closing, partially closing or opening any street, alley or other thoroughfare within the City of Glendora.

1. City Engineer, Glendora

2. Los Angeles County Fire Department

3. Police Department, City of Glendora

4. Cullen Elementary School

5. Sellers Elementary School

6. La Fetra Elementary School

7. Stanton Elementary School
(3) Should the Contractor, in the opinion of the Engineer, fail to provide adequate work zone traffic control at any time during the course of the work, the City will have the necessary traffic control done either by City forces or by contract. The cost of such traffic control will be charged to the Contractor and the amount deducted from the contract.
(4) All costs for providing and maintaining traffic control during construction shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor.

8.08 Tests and Inspections
(A) If the contract, laws, ordinances, regulators or any public authority requires any work to be specially inspected, tested or approved, Contractor shall give notice in accordance with such authority of its readiness for such inspection or test at least two (2) working days prior thereto. If inspection or testing is by authority other than the City.

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Glendora City CouncilMarch 14, 2023

Glendora City Council
March 14, 2023