Agenda packet — Glendora City Council, August 22, 2023 (part 2 of 3)

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: 6CFB308D-7872-44BB-A28B-2BF507DE8726 Item #10. Page 38
Meeting Date: 8/22/2023 / Packet Page #: 233
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: 6CFB308D-7872-44BB-A28B-2BF507DE8726 Item #10. Page 39
Meeting Date: 8/22/2023 / Packet Page #: 234
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 6CFB308D-7872-44BB-A28B-2BF507DE8726 Item #10. Page 40
Meeting Date: 8/22/2023 / Packet Page #: 235
01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

DocuSign Envelope ID: 6CFB308D-7872-44BB-A28B-2BF507DE8726 Item #10. Page 41
Meeting Date: 8/22/2023 / Packet Page #: 236
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: 6CFB308D-7872-44BB-A28B-2BF507DE8726 Item #10. Page 42
Meeting Date: 8/22/2023 / Packet Page #: 237
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: Award Recommendation for Concrete Maintenance Project Location: 116 East Foothill Boulevard, Glendora, CA 91741 Project Sponsor: City of Glendora
Mailing Address: 116 East Foothill Boulevard, Glendora, CA 91741 Project Description: Concrete maintenance of existing sidewalk in front of City Hall.

Surrounding Land Uses and Setting: The areas are surrounded by commercial, multi family and residential housing land uses.

The Planning Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1 Existing Facilities
Section: 15301
Statutory Exemption. Code Number: _____
Reasons why project is exempt: The project involves concrete maintenance of existing sidewalk in front and near City Hall.

The above recommended exempt status and findings were adopted by the following body:
on
Date:

Jeff Kugel, Director of Planning
Item #10. Page 43
Meeting Date: 8/22/2023 / Packet Page #: 238

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: AUGUST 22, 2023
FROM: POLICE DISTRICT(S): CITYWIDE
SUBJECT: DISCUSSION OF PEAFOWL IN THE CITY OF GLENDORA (REQUESTED BY

FREDENDALL AND BOYER)

RECOMMENDATION
That the City Council:

1. Receive and file the report; and

2. Provide direction to staff for any actionable items.

EXECUTIVE SUMMARY
Although native to India, peafowl were imported into the San Gabriel Valley in the late 19th Century. Due to a lack of natural predators and an abundant food source, their population has grown significantly. The intent behind the introduction of the birds was to beautify the region with exotic animals. Along with the bird’s appearance, there has been unintended consequences, which have resulted in neighborhood complaints of damage to vehicles and residential properties, the accumulation of peafowl scat, and disruptive screeching during late night and early morning hours.

During the June 13, 2023, City Council meeting, Mayor Boyer and Councilmember Fredendall requested staff return to the City Council in August with an overview of peafowl in Glendora, how other agencies handle peafowl, and a list of options, if applicable, for known issues relating to peafowl. During the July 11, 2023, City Council meeting, staff provided a brief update on the research completed to date and let the community know that a peafowl census and summary of possible action items were underway.

Recognizing the need to manage the peafowl population, cities have banned feeding of the birds, provided information to the community on how to limit their interaction with their homes, and places of business.

Other cities have instituted census counts and humanely trap birds based on a pre-determined count.

Presently, the City does not engage in proactive peafowl management other than prohibiting the feeding of peafowl and other non-domesticated feral animals, in accordance with Glendora Municipal Code §

8.16.010. The City partners with both the Inland Valley Humane Society and SPCA (IVHS) and the San Gabriel Valley Council of Governments to provide educational material related to interacting with wildlife, including peafowl.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
At the November 23, 2004, City Council meeting, an ordinance to amend the Glendora Municipal Code, prohibiting the feeding of wildlife, was proposed. The ordinance was originally intended to prohibit the problem of feeding wildlife. The initial proposal was specifically amended to include peacocks in that prohibition. At the December 14, 2004, City Council meeting, an ordinance adding Chapter 8.16 to the Glendora Municipal Code, was unanimously approved. The prohibition made the feeding of certain wildlife, including peafowl, an infraction, punishable by a fine.

Glendora Municipal Code § 8.16.010 prohibits the feeding of certain non-domestic feral animals, including peafowl. In November 2022, staff installed signs which informed community members that feeding of Item #11. Page 1
Meeting Date: 8/22/2023 / Packet Page #: 239
Staff Report Page 2 of 8
peacocks is prohibited. These signs were posted in the northern half of Glendora where peafowl have traditionally congregated, most notably, from Vermont and Sierra Madre on the west to Live Oak and Huerta Verde on the east.

In June 2021, the Los Angeles County Board of Supervisors voted to outlaw the feeding of peafowl, making it a misdemeanor, punishable by a $1,000 fine. By contrast, Glendora Municipal Code § 8.16.010 is classified as an infraction unless there are three prior violations, making the fourth violation a misdemeanor, punishable by a fine of up to $1,000.

At present, the City does not actively engage in a peafowl management plan that includes proactive measures to remove peafowl to reduce the population. Instead, the City has historically focused on the prohibition on feeding peafowl and working with IVHS to educate the community on how to limit unwanted interactions with peafowl. The San Gabriel Valley Council of Governments provides a Wildlife Management Framework, which has information on how to co-exist with wildlife. The Wildlife Management Framework was adopted by the City in 2021 and can be found via a link on the City website:
https://www.cityofglendora.org/residents/coyotes-other-wildlife-533.

DISCUSSION
Peafowl were introduced to Southern California by several wealthy Angelenos, including real estate magnate Elias "Lucky" Baldwin, who is known as the founder of the City of Arcadia. According to a 2010 Los Angeles Times article, Baldwin was the first one to import peafowl from India, in 1878, to live on his land in what is now Arcadia.

When Baldwin died in 1909, Los Angeles County bought a total of 238 acres of his land to create the LA Arboretum. Baldwin's peafowl came along with the land. By 2017, Arboretum staff counted 150 peafowl on their grounds alone.

Over time the peafowl spread out to become neighborhood survivors: feeding, breeding, and roaming through local neighborhoods. The peafowl that began in Arcadia now populate many communities along the foothills of the San Gabriel Valley, including Arcadia, Pasadena, South Pasadena, La Canada Flintridge, and San Marino. Peafowl exists in other cities in Southern California, including those on the Palos Verdes Peninsula.

CITY OF GLENDORA PEAFOWL CENSUS
In order to establish a baseline for the peafowl population within the City, IVHS was engaged to conduct a census in areas where peafowl are most commonly found. As a metric to establish a starting point, staff provided IVHS with the geographic areas where peafowl were most commonly observed and where the most calls for services related to peafowl were generated. This resulted in a ¼ square mile area from Pennsylvania and Sierra Madre, extending east along Sierra Madre to Vista Bonia, south to Leadora and west to Pennsylvania. Also included in the census area was Sierra Madre east to Live Oak, north to Palm Drive.

The census was conducted between June 29, 2023 to July 8, 2023 (Attachment D). A total of eleven different counts occurred over the eight-day survey. The times during which the counts were conducted varied from 8:50 AM to 9:00 PM. During the census period, the maximum number of peafowl observed were fourteen and were composed of peacocks, peahens and peachicks. The fewest number of fowl seen were zero. The vast majority of the peafowl counted were seen in the ¼ square mile section from Pennsylvania to Vista Bonita and Sierra Madre to Leadora. A map of the surveyed areas is attached to this staff report (Attachment E).

The methodology for this census consisted of IVHS personnel conducting vehicle patrols in the area of concern and noting the number, gender and age of the peafowl they observed and taking particular note of their activities. Personnel did not enter private property or areas which were not accessible to the general public. Every effort was taken to avoid counting the same peafowl more than once; however, as the census was conducted over multiple days in a relatively confined area, it is likely that the same peafowl were counted more than once over the course of the survey. In total, IVHS counted 71 peafowl. Given the Item #11. Page 2
Meeting Date: 8/22/2023 / Packet Page #: 240
Staff Report Page 3 of 8
scope of the project, it is also likely that peafowl were missed as not all areas were investigated and, in the areas assessed, the peafowl may have been in backyards and other areas that are difficult to observe.

The greatest number of peafowl observed in one period, was fourteen, all of which took place in the late afternoon on July 5th, 7th, and 9th. The fewest peafowl seen were zero, which took place in the evening hours of July 1st. A detailed account of peafowl activities observed during the survey can be found in the attached City of Glendora Peafowl Patrol Report.

Should the existing census not provide sufficient information for the City Council to move forward with one of the options presented, staff has already engaged with IVHS to conduct a city-wide census of peafowl that can take place during the January 2024 canvasing program. This program is undertaken annually by Inland Valley Humane Society as a component of their pet licensing program. Should the additional census become necessary, it would include personnel from IVHS engaging with members of the community on the presence of peafowl and the frequency of destructive or disturbing peafowl behavior.

Interaction with IVHS staff would be done via a door-to-door canvasing method and could potentially utilize literature containing a link to a survey about peafowl.

HOW THE CITY DEFINES PEAFOWL
In accordance with the City’s partnership with the San Gabriel Valley Council of Governments (SGVCOG) that began November 1, 2021, their Wildlife Management Framework (WMF) defines peafowl as feral domestic animals. Note – The Glendora Municipal Code defines peafowl as non-domestic feral animals.

The strategy for this framework is based on balancing respect and protection of wildlife without compromising public safety. It focuses on public education and outreach, as well as responding appropriately during and after encounters with wildlife, similarly as the California Department of Fish and Wildlife (CDFW) principals.

The SGVCOG’s WMF (Attachment F) includes an educational component which includes:
 A “do & don’t” list;
 Listing of plants peafowl will avoid eating;
 Appendix with additional knowledge on peafowl interactions.

The City is guided by the following principles:
 Human safety is a priority in managing human-wildlife interactions.  Wildlife serves an important role in Glendora ’s ecosystems.  Preventive practices are crucial to minimizing potential interactions and encounters with wildlife.  Solutions for wildlife conflicts must address both problematic wildlife behaviors and the human behaviors that invite them.
 Non-selective wildlife removal programs are ineffective for reducing wildlife population sizes or preventing human-wildlife conflicts in the long run.
 Regionwide programs that involve residents can improve coexistence among humans, wildlife, and pets.

Both the Inland Valley Humane Society and the San Gabriel Valley Council of Governments provide educational materials related to peafowl as well as other wildlife. More detailed information can be found on the SGVCOG’s website, while IVHS can provide property evaluations that are designed to mitigate human/wildlife interactions.

WHO TO CALL
For general questions or recommendations on how to safely co-exist with peafowl, call the SGVCOG at (626) 457-1800. The Glendora Police Department’s Support Services Division may also be able to assist at (626) 914-8265. Inland Valley Humane Society is responsible for providing care for injured or deceased peafowl. They can be contacted at (909) 623-9777.

Glendora Municipal Code § 8.04.010(a) prohibits the keeping of any animals unless they are specifically permitted under GMC § 8.04.020. Peacocks are classified by the Municipal Code as feral non-domestic Item #11. Page 3
Meeting Date: 8/22/2023 / Packet Page #: 241
Staff Report Page 4 of 8
animals and may not be kept on private property. Additionally, the feeding of peacocks on public or private property is prohibited unless the animal is injured and is being fed in between the time it is discovered on the property and transported for veterinary care.

Any reports of peafowl being kept on private property or being fed should be reported to the Glendora Police Department at 626.914.8250.

HISTORY OF PEAFOWL CALLS TO THE GLENDORA POLICE DEPARTMENT & IVHS There have been 12 calls for service relating to peafowl over the past 12-month period. Eight of these calls were civil complaints between a few community members.

Between January 1, 2023, and June 6, 2023, IVHS received three calls pertaining to peafowl. The nature of all three calls pertained to removing deceased peafowl that were assumed struck by automobiles.

CITIES WITH EXISTING PEAFOWL MANAGEMENT PLANS
La Cañada Flintridge, Rancho Palos Verdes and South Pasadena all have peafowl management plans.

La Canada Flintridge
The City of La Cañada Flintridge developed a Peafowl Management Plan that sought to limit the peafowl population through limited trapping and removal. To manage these efforts, an annual census is conducted to determine the peafowl population. The Plan specifies maintaining a population of nine, which contains two males and seven female birds. When the number of peafowl exceeds the authorized amount, the fowl are trapped and removed.

City of Rancho Palos Verdes
In 2015, the City of Rancho Palos Verdes (RPV) undertook a proactive Peafowl Management Plan to humanely manage the peafowl population within their City. RPV used a peafowl census report, completed in 2000, as the framework for their plan and sought to maintain a peafowl population in accordance with that census. Since the adoption of the management plan in 2015, 589 peafowl have been trapped and relocated. In May 2022, an updated Peafowl Census Report was conducted, which accounted for a total of 140 birds throughout six identified neighborhoods. In conjunction with public input, and the stabilization of the peafowl population, City Council elected to pause the trapping program for the season.

South Pasadena
South Pasadena’s Peafowl Management Plan contains a public education component and a humane trapping and relocation program that is designed to keep the population at zero. The focus of the program utilizes community education through a variety of social media outlets, as well as the City website to inform community members about how to deter peafowl from inhabiting their properties and businesses. A peafowl census is conducted annually and measures the success of previous trapping efforts in conjunction with determining a path forward for the coming year. The trapping season typically takes place between October through February and enlists the support of neighborhood residents who volunteer to allow traps to be placed on their property. The trapping vendor services the traps on a regular basis and collects any trapped peafowl for relocation.

HUMANE TRAPPING
Each of the cities surveyed that undertakes trappings, uses the services of Raptor Events, LLC (Raptor), that specializes in peafowl removal and humane relocation. The peafowl traps consist of 10-foot by 12-foot chain-link fencing that provides food and water. Raptor will respond with a 24-hour pick-up service when the homeowner notifies the company of a trapped bird. Once trapped, Raptor removes the peafowl to one of several sanctuaries throughout Southern California. No other regional trappers offer the same humane services that Raptor offers, nor do they contract with municipalities for peafowl removal. Raptor keeps a detailed list of where the birds are relocated and determines who is approved to foster the fowl. The company's goal is to ease residents' concerns while reducing the overpopulation of these birds through humane relocation.

Item #11. Page 4
Meeting Date: 8/22/2023 / Packet Page #: 242
Staff Report Page 5 of 8
If the City was to enter into contract with Raptor, they would provide all services at a cost of $250 per bird.

Raptor requires the assistance of residents who volunteer to have traps placed on their property. Setting the traps in private yards reduces the opportunity for vandalism and damages from those who oppose removal, a common occurrence in surrounding areas. Additionally, if the City chose to pursue this option, the use of the traps would require residents to sign an access agreement that releases the vendor and City from any liability.

Trapping by private community members is not currently prohibited by the Glendora Municipal Code.

Residents and business owners can trap peafowl on their property but must do so in accordance with the State of California Department of Fish and Game standards, which prescribes the manner in which they may be trapped. Traps can be procured from a licensed vendor and any occupied traps must be serviced within 24 hours of capture. The property owner would then be required to engage the services of a licensed trapping vendor to humanely relocate the peafowl to a foster home.

SUMMARY OF PEAFOWL IN OTHER CITIES
Agency Peafowl/Wildlife
Management Plan
Yes/No, date of
adoption, summary of
items
Periodic
Census /
Population
frequency,
most recent
number, start
date
Trapping
Yes/No –
location, how
many, vendor,
cost
Peafowl / Wildlife
Ordinance(s)
Important Link(s) website, plans,
ordinances, etc.

La Canada
Flintridge
(Pop.
19,930)
Yes, 11/2010.

Contracts with PHS
and SVGCOG.  In
2022 they also
adopted the SGVCOG
Wildlife Mgmt
Framework.

PHS deploys a
team annually
to count all
males,
females, and
juveniles.

Twice a day
(dusk and
dawn) for three
days and ends
up with a best
guesstimate:
1/2021: 2 adult
males, 6 adult
females, 0
juveniles.
1/2022: 2 adult
males, 5 adult
females, 0
juveniles.
1/2023: 4 adult
males, 6 adult
females, 0
juveniles.

Yes.  The City
manages the
peafowl
population with
a peafowl
management
plan that was
established with
community
input. This plan
calls for an
annual census
of the peafowl
flock to
determine the
population.  If
the flock
exceeds nine
birds, the city
will trap and
relocate a
portion of the
flock.

None currently.  https://cityoflcf.org/animal-control/
South
Pasadena
(Pop.
26,273)
Yes, 10/2022 Similar strategy
to La Canada
Flintridge:
6/2021: 19
adult males, 14
adult females,
5 juveniles.
9/2022: 8
adults males,
25 adult
females, 5
juveniles.
2/2023: 1 adult
male, 0 adult
females, 0
juveniles.

Yes. Through
Raptor Events,
ALL peafowl are
trapped and
relocated.

5.5, 5.20  https://www.southpasadenaca.gov/gover
nment/departments/communityservices/animal-resources
https://www.codepublishing.com/CA/Sout
hPasadena/#!/SouthPasadena05.html#5.
5 https://www.codepublishing.com/CA/Sout
hPasadena/#!/SouthPasadena05.html#5.
20 Arcadia
(Pop.
55,503)
SGVCOG Wildlife
Management
Framework, 2022
No  No  Article 4, Chapter 1,
Part 3, Division 7,
4137
https://www.arcadiaca.gov/discover/living
_in_arcadia/wildlife.php
Item #11. Page 5
Meeting Date: 8/22/2023 / Packet Page #: 243
Staff Report Page 6 of 8
Agency Peafowl/Wildlife
Management Plan
Yes/No, date of
adoption, summary of
items
Periodic
Census /
Population
frequency,
most recent
number, start
date
Trapping
Yes/No –
location, how
many, vendor,
cost
Peafowl / Wildlife
Ordinance(s)
Important Link(s) website, plans,
ordinances, etc.
https://library.municode.com/ca/arcadia/c
odes/code_of_ordinances?nodeId=ARTI
VPUWEMOPO_CH1AN_PT3OTAN_DIV
7KEFERULA
Rancho
Palos
Verdes
(Pop.
41,030)
Yes, 8/2015  Census
completed in
six specific
neighborhoods:
2000: 134
2008: 205
2012: 165
2014: 278
Nothing
Current
In 2015, RPV
adopted a
Peafowl
Management
Plan to manage
the
population, allow
ing up to 150
birds a year to
be trapped and
relocated, a year
after 278
peafowl were
reported in the
city. From 2016
to 2019, the
peafowl
population
dropped from
208 to 136. The
city then paused
the program in
2020, as it
stands today.

6.04.070, 6.04.020  https://www.rpvca.gov/337/Peafowl
https://www.rpvca.gov/DocumentCenter/
View/7352/COUNCIL-ADOPTEDPEAFOWL-MANAGEMENT-PLANAUGUST-4-2015?bidId= https://library.municode.com/ca/rancho_p
alos_verdes/codes/code_of_ordinances?
nodeId=TIT6AN
Pasadena
(Pop.
136,988)
Yes, Urban Wildlife
Management Plan
approved 8/2019.

They contract with
Pasadena Humane
Society.

No.  No.  None currently.  https://ww2.cityofpasadena.net/councilag endas/2019%20Agendas/Aug_19_19/20
19%2008%2019%20CC%20AR%2012.p
df
San
Marino
(Pop.
12,206)
No.  N/A  The city
commenced
with the Peafowl
Abatement
Program and
has obtained a
vendor. The
program
includes the
installation of
"traps" on
private
property. None
of the traps will
be installed
within the public
right-of-way.
(6/2020)

6.03.02  https://www.cityofsanmarino.org/governm
ent/departments/police/safety_informatio
n___tips/peafowl.php
https://codelibrary.amlegal.com/codes/sa
nmarinoca/latest/sanmarino_ca/0-0-0-
947
Palos
Verdes
Estates
(Pop.
12,935)
No.  Malaga Cove
6/2020: 38
12/2020: 45
6/2021: 31
11/2021: 28
5/2022: 27
Lunada Bay
6/2020: 37
Trapping:

Private property
with owner
consent either
outside of
designated
zones, or within
the zones
depending on

6.04.040, 6.04.060  https://www.pvestates.org/services/police -department/peafowl
https://www.codepublishing.com/CA/Palo
sVerdesEstates/#!/PalosVerdes06/Palos
Verdes0604.html
Item #11. Page 6
Meeting Date: 8/22/2023 / Packet Page #: 244
Staff Report Page 7 of 8
Agency Peafowl/Wildlife
Management Plan
Yes/No, date of
adoption, summary of
items
Periodic
Census /
Population
frequency,
most recent
number, start
date
Trapping
Yes/No –
location, how
many, vendor,
cost
Peafowl / Wildlife
Ordinance(s)
Important Link(s) website, plans,
ordinances, etc.
12/2020: 32
6/2021: 35
11/2021: 26
6/2022: 30
the flock
numbers and
mating/chick
season.

Relocating:

1. Temporary
holding pen next
to PD.

2. Cared for by
Streets and
Parks crew.

3. Adopted by
pre-approved
individuals off
the peninsula.

PEAFOWL MANAGEMENT OPTIONS FOR CITY COUNCIL CONSIDERATION

1. Continue to provide a community education-only approach. Specifically, this approach would leverage the City’s partnerships with IVHS and the SGVCOG to provide more robust public education.

2. Consider a reduction in peafowl pride size, based on a population count and a male-to-female ratio determined by the City Council. Peafowl are polygynous, meaning that a dominant male will mate with several females in a season. Therefore, a partial removal would not destroy a pride. This option would require the City Council to adopt a policy on the number of peafowl that should exist in the City. Further, that population should consider the geographic location with considering how many birds should be allowed in each neighborhood. Staff could not locate any guidance on the number of peafowl that should be considered in this option. All the City’s surveyed used a different methodology that was unique to their community.

3. Completely remove all peafowl within the City of Glendora using the services of an outside vendor.

4. Request the City staff return with additional information or options subject to City Council discussion.

FISCAL IMPACT
The fiscal impact associated with the recommendations in this report will be based on City Council direction. For example, if the City Council would like to move forward with a humane trapping and relocation program, the estimated cost will be determined by the number of birds. Alternatively, if the City Council moves forward with the City’s historical practice of community education, future costs will be nominal.

ENVIRONMENTAL DETERMINATION
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15061(b)(3) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Item #11. Page 7
Meeting Date: 8/22/2023 / Packet Page #: 245
Staff Report Page 8 of 8
Prepared By Marc Archibald, Support Services Supervisor Concurs With Not Applicable
Reviewed By Matt Egan, Chief of Police
Certified to Availability of Funds Kyle Johnson, Assistant Director-Finance Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. PMP - La Canada Flintridge
B. PMP - Rancho Palos Verdes
C. PMP - South Pasadena
D. Inland Valley Humane Society Peafowl Census
E. Inland Valley Humane Society Peafowl Map
F. San Gabriel Valey Council of Government (SGVCOG) Wildlife Management Framework G. Peafowl Presentation
Item #11. Page 8
Meeting Date: 8/22/2023 / Packet Page #: 246
City of La Cañada Flintridge Updated – November 2010
Administration Department

Page 1 of 3 ends

PEAFOWL MANAGEMENT PLAN

OUTLINE
I. PEAFOWL GENERAL INFORMATION
a. Appearance
i. Male (peacocks) – characterized by their long colorful plumage
ii. Female (peahens) – characterized by their duller plumage and less elaborate tail feathers
b. Breeding
i. Once per year (between April and August)
ii. Chicks are hatched between April and August
iii. Peahens lay approximately 5-8 eggs. Of those,
approximately 2-5 will hatch
iv. Peafowl make loud screeching noises during the breeding months
v. Peacocks reach sexual maturity at 3 years of age; hens after 1 year
vi. Peahens do not build nests
c. Lifespan – Approximately 15 years
d. Molting – July through October
e. Feeding
i. Diet consists of vegetation and insects
ii. Prefer certain types of vegetation
iii. Like animal food (i.e., dog and cat food)
iv. Will eat small reptiles and mice
f. Deterrents
i. Water (hoses)
ii. Plants/flowers peafowl do not consume
iii. Enclosure of animal food bowls
iv. Securing compost
v. Balloons in trees (short-term effectiveness)
vi. Coyote urine (short-term effectiveness)
Item #11. Page 9
Meeting Date: 8/22/2023 / Packet Page #: 247
City of La Cañada Flintridge Updated – November 2010
Administration Department

Page 2 of 3 ends

PEAFOWL MANAGEMENT PLAN IMPLEMENTATION
STEP 1:

Survey, Review and Analyze Flock
 Contract with animal experts to monitor and manage the program  Conduct an annual census of the peafowl population
 Annual census must be longer than one day; tagging may be necessary if no other method of identification is feasible
 The animal experts will determine the number and male-female ratio necessary for a sustainable flock (standard used: flock size ≤ 9 peafowl; ratio 2 males to 5 females [approx.])
STEP 2:

Education Program – Encourage use of a combination of deterrents  Plant vegetation that peafowl do not like nor consume  Secure animal food or compost so that it is inaccessible to peafowl  Spray peafowl with water
Brochure
 Provide a brochure outlining peafowl deterrents and explaining common peafowl activities/habits
STEP 3:

Seasonal Trapping
 Trapping and Relocation – If it is determined that the peafowl flock exceeds the City standard for sustainability, the City will be responsible for the trapping and relocation of excess peafowl based on the annual census final count determined by the animal experts
 Humane Treatment – Trapped peafowl will be treated humanely (will not be left without water and food for an extended period of time; will not be exposed to extreme heat)
STEP 4:

Non-Seasonal Trapping
 Following the seasonal trapping performed by the City, residents experiencing ongoing peafowl problems may rent a City-owned trap (coyote size) to catch additional peafowl. Residents would be responsible for the relocation of these peafowl based on the City’s instruction.

STEP 5:

Voluntary Cessation of Feeding
 Residents will, voluntarily, cease the feeding of peafowl in their neighborhoods
STEP 6:

Annual Meetings
 Conduct annual meetings with animal experts and neighborhood members to discuss Peafowl Management Plan effectiveness
Item #11. Page 10
Meeting Date: 8/22/2023 / Packet Page #: 248
City of La Cañada Flintridge Updated – November 2010
Administration Department

Page 3 of 3 ends

ACTION SCHEDULE

STAGE ACTION TIME TABLE
STAGE 1 Release peafowl management brochures to the
general public; include in brochure methods of
deterring peafowl
September
– October
STAGE 2 Consult with animal experts on feasible methods of conducting an accurate peafowl census
November
STAGE 3 Conduct annual census November –
December
STAGE 4 Following the annual census, trapping and relocation may begin if there are excess peafowl. No City
trapping will be conducted during the breeding and
molting seasons. A determination will be made by
the animal experts on the number of peafowl to be
trapped and relocated based on the annual census
and the City’s standard for a sustainable flock.

December –
March
STAGE 5 After the City’s trapping and relocation process, residents with persisting problems may trap additional
peafowl.

After March
Item #11. Page 11
Meeting Date: 8/22/2023 / Packet Page #: 249

PEAFOWL MANAGEMENT PLAN
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Tel: 310-544-5228
www.rpvca.gov
City Council Adopted:

Item #11. Page 12
Meeting Date: 8/22/2023 / Packet Page #: 250
PEAFOWL MANAGEMENT PLAN Page 1

ACKNOWLEDGEMENTS
City Council
Mayor Knight
Mayor Pro-tem Brooks
Councilman Campbell
Councilman Duhovic
Councilman Misetich
City Staff
Doug Willmore, City Manager
Carolynn Petru, Deputy City Manager
Carol Lynch, City Attorney
David Snow, Assistant City Attorney
Joel Rojas, Community Development Director
Ara Mihranian, Deputy Community Development Director
Daniel Pitts, Code Enforcement Officer
Additional Recognition
Mike Maxcy, Wildlife Animal Services
Jacob Washburn, Planning Intern (Spring 2015)
Item #11. Page 13
Meeting Date: 8/22/2023 / Packet Page #: 251
PEAFOWL MANAGEMENT PLAN Page 2

TABLE OF CONTENTS
PURPOSE…………………………………………………………3
GOALS …………………………………………………………….3
PEAFOWL BACKGROUND …………………………………….4
PEAFOWL CENSUS TRENDS………………………………….5
GENERAL PEAFOWL INFORMATION………………..............6
MANAGEMENT STRATEGIES………………………………….8

1. DETERRENT MEASURES AND PUBLIC EDUCATION..8

2. TRAPPING & RELOCATION………………………………10

APPENDICES
PLANT LIST………………………………………………….13
NEIGHBORHOOD MAPS…………………………………..14
INITIAL STUDY / NEGATIVE DECLARATION…………..19
Item #11. Page 14
Meeting Date: 8/22/2023 / Packet Page #: 252
PEAFOWL MANAGEMENT PLAN Page 3

PLAN PURPOSE
The purpose of this Management Plan is to humanely manage the peafowl population within the boundary limits of the City of Rancho Palos Verdes.

GOAL
The goal of this Management Plan is to reduce and maintain the peafowl population within certain City neighborhoods to levels identified in the 2000 Peafowl Census Report and to create an environment that supports the coexistence of peafowl within the semi– rural character of the City. This goal will be achieved by implementing the following two strategies:
1) Deterrent Measures & Public Education
2) Humane Trapping & Relocation of up to 150 birds in a calendar year in order to maintain the 2000 peafowl population.

PEAFOWL MANAGEMENT PLAN
The intent of this Management Plan is to provide educational guidance for City Staff and residents on how to deal with and manage the peafowl population in the City of Rancho Palos Verdes. The guidelines and provisions of this Plan do not supersede federal, state and county regulations or policies.

The City will update and modify the Plan as needed on a biennial basis based on the frequency of resident complaints and survey data conducted periodically by professional wildlife stewards.

Item #11. Page 15
Meeting Date: 8/22/2023 / Packet Page #: 253
PEAFOWL MANAGEMENT PLAN Page 4

PEAFOWL BACKGROUND

EARLY HISTORY
Peafowl have a long, storied history in Rancho Palos Verdes and on the Palos Verdes Peninsula. The peacock originally comes from India, Sri Lanka, and Burma. However, the original peacock colony on the Palos Verdes Peninsula is a result of a gift of 16 birds from the daughter of William Wrigley, Jr. to Frank Vanderlip, Sr. from Mr. Wrigley's aviary on Catalina Island.

These birds were maintained at the Vanderlip Estate in Portuguese Bend for years. It is also suspected that some of the birds were introduced to Palos Verdes Estates by former mayor Fred Roessler sometime in the period from 1960-65. There are now numerous peacock flocks in various neighborhoods in Rancho Palos Verdes including the Crestridge, Vista Grande, and the Portuguese Bend areas, as well as in the Lunada Bay and Malaga Cove areas of Palos Verdes Estates.

RECENT HISTORY
Due to an increase in resident complaints about the City’s peafowl population and the impacts experienced by those who live in close proximity to peafowl flocks, such as noisy calls, excessive animal waste and damage to private property (i.e. yards, roofs, vehicles, etc.), in October 2000, the City Council enlisted the professional services of Dr. Francine Bradley of U.C. Davis to study the City’s peafowl population and to provide recommendations to manage the population.

Between October 2000 and January 2001, Dr. Bradley conducted workshops to educate the public on how to humanely trap peafowl and to increase public awareness on how to coexist with peafowl and minimize impacts caused by the birds. Additionally, Dr.

Bradley conducted field visits to observe the City’s peafowl presence, flock behavior and to conduct a population count. A total of 134 peafowl were counted in the Crestridge (also referred to as Ridgecrest), Portuguese Bend, and Vista Grande neighborhoods. In response, In February 2001, the City Council approved a program to humanely trap and relocate up to 50 peafowl in an effort to reduce the City’s peafowl population in the Crestridge (Ridgecrest), Portuguese Bend and Vista Grande neighborhoods. However, only 19 birds were trapped and relocated due to routine sabotage to the traps by peafowl enthusiasts.

In 2008, the City conducted another peafowl census which concluded that the overall peafowl population grew by 53% since 2000/01 with the majority of the growth occurring in the Vista Grande neighborhood. This was attributed to the abundance of food, prime habitat and lack of predatory animals in the area. In response, in May 2009, the City Council approved another trapping and relocation program, and adopted Ordinance No. 488 to prohibit the feeding of, and interference with efforts to trap and relocate, peafowl.

Item #11. Page 16
Meeting Date: 8/22/2023 / Packet Page #: 254
PEAFOWL MANAGEMENT PLAN Page 5
Due to the substantial peafowl population growth in the Vista Grande neighborhood, in June 2009, the City Council approved the reduction of the peafowl population in this neighborhood by approximately 60 birds. Trapping in the Vista Grande neighborhood occurred between August 2009 and January 2010 resulting in 71 birds being trapped and relocated to approved locations in California.

In 2014, the City began to once again experience an increase in resident complaints regarding peafowl. The majority of the complaints were once again coming from the Vista Grande neighborhood. In response, a census was conducted in June and October 2014 which revealed that the peafowl population had significantly increased in some City neighborhoods since the first census in 2000. As a result, in November 2014, the City Council directed Staff to develop a Peafowl Management Plan intended to reduce and manage the City’s peafowl population, particularly in the 5 neighborhoods where previous census reports were conducted, since 2000.

CITY OF RANCHO PALOS VERDES PEAFOWL POPULATION CENSUS DATA TABLE Geographical
Area 2000 2008
2011-
12 June
2014
October
2014
Average
2014
2011-12 to
2014
Comparison
2011-12 to 2014
Percentage
Comparison
Portuguese Bend 67 75 70 97 74 85 +15 +22%
Vista Grande 29 89 40 71 71 71 +31 +76%
Crestridge 38 30 27 33 50 41 +14 +52%
Sunnyside Ridge 0 11 25 38 90 64 +39 +156%
TOTAL
(4 neighborhoods)
134 205 162 239 285 261 +99 +62%
Monte Verde n/a n/a 3 n/a n/a n/a n/a n/a
Grandview n/a n/a n/a 14 20 14 n/a n/a
TOTAL
(6 neighborhoods) 134 205 165 253 305 276 +114 +69%
Item #11. Page 17
Meeting Date: 8/22/2023 / Packet Page #: 255
PEAFOWL MANAGEMENT PLAN Page 6

GENERAL PEAFOWL INFORMATION
The Peafowl (pavo cristatus)
Males are referred to as peacocks and females are referred to as peahens, and are collectively known as peafowl. However, the term "peacock" is commonly used to refer to birds of both sexes There are two common peafowl species: Indian or blue peafowl and green peafowl. Most people, including residents of Rancho Palos Verdes, are familiar with the Indian peafowl, since that is the kind found in many zoos and parks.

Peafowl Characteristics
Peafowl are large, colorful pheasants (typically blue and green). The males are known for their iridescent tails. These tail feathers, or coverts, spread out in a distinctive train that is more than 60 percent of the bird’s total body length and boast colorful "eye" markings (ocelli) of blue, gold, red, and other hues. The large train is used in mating rituals and courtship displays. It can be arched into a magnificent fan that reaches across the bird's back and touches the ground on either side. Females are believed to choose their mates according to the size, color, and quality of these outrageous feather trains.

When a peacock is in his second year, he grows his first train, but it has no ocelli and is not as long as a full-grown male’s. The train gets longer and more elaborate every year after that. At about five or six years of age, it reaches its maximum splendor. The peacocks that are the toughest—those that are able to survive long enough to have a really impressive train—are the ones that have the most mates and offspring. The coveted blue-eyed feathers of the train are dropped once a year; new feathers immediately begin growing and are completed a few months later.

Peahens seem to prefer males with the longest trains and biggest displays. In fact, the peacock’s female-attraction power is directly related to the perfection of his spectacular train, including its overall length, the number of iridescent “eyes” that are present, and even the symmetry of their patterning.

Normally, when a peacock is just walking around, his train trails behind him but held just above the ground. But when he wants to show off for a peahen, he props up the train with his shorter, stiffer tail feathers and unfolds it like a fan into a semicircle 6 to 7 feet (1.8 to 2.1 meters) wide! If the peahen seems interested, he quivers, making his feathers shimmy and flash to entice her further.

Item #11. Page 18
Meeting Date: 8/22/2023 / Packet Page #: 256
PEAFOWL MANAGEMENT PLAN Page 7
Peafowl Daily Routine
Peafowl follow a certain routine every day. They roost overnight in large groups in tall, open trees. That way they are safe from predators during the night, and the males can travel through the branches. In the morning, they break up into small groups. In the nonbreeding season, these are usually groups of all peacocks or all peahens; but during the breeding season, there are groups of one peacock and several peahens or all bachelors. These groups forage on the ground for food. During midday, peafowl drink, preen their feathers, rest in the shade, or take dust baths. Once it cools down, they go back to foraging for food before taking one last drink and returning to their roost for the night.

Where do Peafowl Live
Peacocks are very unique animals. They can live anywhere there is shelter and food/water. Extreme environments with very high temperatures are not ideal for the birds.

What do Peafowl Eat
Peacocks are ground feeders. They hunt for small animals, like spiders, reptiles (snakes) and amphibians in tall grasses, and minnows in shallow streams. They also eat plant parts, such as flower petals, seeds, berries, figs, leaves, and seeds.

As Loud as a Peacock
Peafowl have 11 different calls, but the peacocks are the ones that really yell. They have a call that carries for a long distance and sounds like “may-AWE, may-AWE.” Some say the call sounds like a human crying for help! Peacocks call in the early morning and late evening, and practically all day during the breeding season. Because peacocks make so much noise in the early morning or late evening, some consider them a real nuisance! Other animals don’t mind, though. With their sharp eyes, peafowl are likely to be the first to see a predator and call out a loud alarm.

Breeding & Nesting Season
Generally, nesting/hatching season takes place between April and May. During this period, a peahen makes a scrape in the ground and lines it with sticks, where she lays three to eight light green or tan eggs. She sits on them almost constantly for about four weeks. The peachicks are able to walk and forage on their own right after they hatch, but they are very vulnerable. It takes two weeks before they can flap up into a tree for safety, where they crowd on both sides of their mother and are covered by her wings. At four weeks, the young grow crests, and at two months they look just like their mother (both males and females) but are only half her size. It is not until their second year that the males achieve their mature coloring. Only half of the chicks that hatch, survive to join the rest of the group. The typical lifespan of peafowl is 15 years.

Item #11. Page 19
Meeting Date: 8/22/2023 / Packet Page #: 257
PEAFOWL MANAGEMENT PLAN Page 8

MANAGEMENT STRATEGIES
The discussion on the following two management strategies is intended to be used by the City and its residents to humanely manage the peafowl population in the City of Rancho Palos Verdes:

1. Deterrent Measures & Public Education

2. Humane Trapping & Relocation of up to 150 birds in a calendar year in order to maintain the 2000 peafowl population.

1. Deterrent Measures and Public Education
Deterrent Measures
Based on information gleaned from various resources, the City has been advised that in situations where residents are adversely impacted by peafowl, the implementation of one or the combination of the following deterrent measures may help discourage peafowl from returning. The success of the listed deterrent measures is dependent on residents working together and consistency.
 Peafowl do not like water.

Water is one of the best known deterrents for peafowl. During non-drought conditions, the intermittent use of sprinklers or a hose with a jet nozzle will act as a negative reinforcement for the birds. Or consider a motion sensor activated water spray, such as the Scarecrow, that is battery operated and covers an area of about 35 feet and can be connected to your garden hose. It’s available on-line or at home improvement and garden stores.
 Peafowl are afraid of dogs.

Walk your dog around the property and neighborhood. Additionally, keeping your dog in the backyard will also serve as a deterrent.
 Peafowl will avoid certain repellents.

Cat repellent and mothballs around planting beds, porches, and along walkways may be an effective means of repelling peafowl. Caution should be used so as not to allow young children or animals to ingest the repellents.
 Trim or Remove Large Trees
Since peafowl prefer to roost in large overhanging trees, trimming or removing said trees will help deter peafowl. The Canary Island Pine is a favorite resting spot for peafowl because of its sturdy horizontal limbs and ample cover. Albeit a short-term, balloons in trees can deter peafowl from roosting in trees.

Item #11. Page 20
Meeting Date: 8/22/2023 / Packet Page #: 258
PEAFOWL MANAGEMENT PLAN Page 9
 Be cautious when composting.

Avoid open compost and manure sacks as they tend to attract peafowl because they love to take dirt baths. If you wish to compost, use a covered compost bin and keep the composting area clean.
 Peafowl like to eat wild birdseed, bread and pet food.

These are delectable treats to peafowl. Once they’re hooked, it’s difficult to wean them.

It’s a good idea to remove any leftover pet food immediately, feed pets indoors, or cover/enclose animal food bowls.
 Peafowl like to eat seeds and plants
Avoid planting young tender seedlings in areas you do not want peafowl to visit or cover the plants until they are well established. Additionally, certain plants are favored by peafowl while other plants are disliked. See Appendix A for a list of plants peafowl like and dislike, and follow the suggested list when landscaping. Peafowl like to take daily dust baths irrespective of the type of plants found in a garden and this can be destructive. It is suggested that gardens be covered with gravel or rocks to prevent peafowl from digging plants up to create loose soil for bathing purposes.  Prohibition of Feeding Peafowl
The availability of food will cause peafowl to return. Thus, the City’s Municipal Code prohibits the feeding of peafowl. Specifically, Section 6.04.020 of the Rancho Palos Verdes Municipal Code (RPVMC) enacts by reference Los Angeles County Code Section 10.84.010 which states the following:

Providing food for certain animals. Except as otherwise provided for in Section

10.84.020 of Los Angeles County Code, no person shall feed or in any manner provide food to any peafowl, crow, pigeon, seagull, non-domesticated rodent, including tree squirrels or ground squirrels, or to a non-domesticated mammalian predator, including coyotes, foxes, opossums, skunks and raccoons.

It is an infraction if any resident is caught feeding peafowl in violation of this ordinance which could result in penalty fines for each violation.

Public Education
Over the years, the City has received numerous complaints from residents expressing frustration with the destruction peacocks cause to their property, such as damaging roofs, plants, walkways, and vehicles. Nuisance complaints revolve around noise, fecal material, and emotional angst caused by peacocks. Thus, in an attempt to assist residents to minimize impacts caused by the peacocks, listed above are a number of deterrent measures to discourage peafowl from visiting private property. Because the effectiveness of these deterrent measures relies on cooperation among neighbors, a Item #11. Page 21
Meeting Date: 8/22/2023 / Packet Page #: 259
PEAFOWL MANAGEMENT PLAN Page 10
public education campaign will occur on an as-needed basis using the following methods to disseminate information to the public:
 Website Updates (see Community Development Department Homepage under Code Enforcement)
 List-serve messages to the Peafowl notification subscribers  Articles with helpful tips in the City’s quarterly newsletter  Speaking at:
o Council of Homeowner’s Association (CHOA) meetings
o Homeowner’s Association Meetings
 Public Service Announcement on Channel 33
 Communicating and sharing information with neighboring cities  Preparing and distributing educational leaflets

2. Trapping and Relocation
In an effort to humanely maintain the peafowl population to the levels reported in the 2000 census, this section of the Management Plan describes a citywide trapping and relocation program. The program proposes the trapping and relocating of up to 150 birds per year in order to maintain the 2000 peafowl population level. The trapping and relocation program consists of the following 5 stages which are described below:
 Peafowl Census
 Selection of Trapping Vendor
 Seasonal Trapping
 Trapping Protocol
 Relocation
Stage 1: Peafowl Census
Every year, the City will conduct a census survey to assess the peafowl population trends based on past census reports. The census will occur in February and/or March in the Portuguese Bend, Crestridge, Sunnyside Ridge, Grandview and Vista Grande neighborhoods along with other neighborhoods where significant peafowl complaints or sightings have been documented since the previous census. Neighborhoods may be added, deleted or modified for future census years based on previous census results or the success of previous trapping efforts. The census will be used to determine whether to proceed with any trapping in the subject calendar year. If trapping is deemed necessary, the census will dictate the number of birds (up to 150 in a calendar year) to be trapped.

Stage 2: Selection of Trapping Vendor
Based on the outcome of the census report, if the City determines trapping is necessary to control the peafowl population, if a service agreement is not in effect, the City will go through the Request for Proposal (RFP) process to select an outside vendor. In Item #11. Page 22
Meeting Date: 8/22/2023 / Packet Page #: 260
PEAFOWL MANAGEMENT PLAN Page 11
considering a vendor, the City will factor experience, capability and cost. The City Council will enter into a Service Agreement with the selected vendor.

Stage 3: Seasonal Trapping
Generally, the nesting/hatching season takes place during April and May when chicks flock with their peahen before being able to function on their own. This is not considered a humane time period to conduct trapping of peahen. Therefore, seasonal trapping of peahens (female) will take place July 15th through December 31st. Since peacocks (males) can be trapped all year long, if deemed necessary by the City, the trapping of peacock (males) may occur outside the July 15th and December 31st trapping window.

Stage 4: Trapping Protocol
The neighborhoods selected for trapping will be determined by the City based on peafowl population trends memorialized in the biennial census reports, as well public input (See Appendix B for neighborhood boundary maps identified for trapping). The humane trapping of peafowl will occur as follows:
 Traps will be made from chicken wire, or other similar material deemed acceptable by the City.
 Traps will generally be approximately 8’(L) x 6’(H) in size intended to hold approximately 6-8 birds at a time.
 Traps will be placed on City property or private property based on agreements between the City and the property owner. Private property will be selected by the City based on input from the trapper.
 Traps will be serviced on a regular basis, but no less than once a week by the City’s trapping vendor.
 Traps will be maintained and monitored in accordance to the State of California Department of Fish and Game and the U.S. Department of Wildlife and Fish standards.
 Traps occupied by peafowl will be serviced within 24 hours. The property owner where the traps are placed will be required to notify the City and the trapping vendor within 24 hours of the trap being occupied by peafowl.  The trapping vendor will also be able to gather peafowl using large, soft handheld “fishing” style nets as this method is considered a very effective and quick way to quickly and humanely remove the young and fearless birds from the trapping regions.
 The trapping vendor will be required to provide the City with dated photo documentation of each bird trapped, as well as information as to its relocation destination.

Stage 5: Relocation
Once peafowl are trapped by the vendor or removed from a trap by the vendor they become the property of the trapping vendor. Trapped peafowl will be relocated off the Palos Verdes Peninsula to homes that have been screened by the trapping vendor and reviewed by the City to ensure the individuals adopting the peafowl have some avian Item #11. Page 23
Meeting Date: 8/22/2023 / Packet Page #: 261
PEAFOWL MANAGEMENT PLAN Page 12
experience and have adequate space for peafowl to roam freely. The location and contact information (name and phone number) of the individual(s) accepting the trapped peafowl will remain confidential to protect their privacy. Under no circumstances will the trapped peafowl be euthanized or treated inhumanely.

Sabotaging Peafowl Cages
Pursuant to Section 6.04.070 of the RPVMC, no person shall prevent or interfere with the trapping or relocation of peafowl, either on public or private property, by releasing any captured peafowl or by damaging, disabling or disengaging any peafowl trap or enclosure.

If an individual is caught interfering with peafowl trapping, they will be subject to an infraction which will result in penalty fees for each violation.

Item #11. Page 24
Meeting Date: 8/22/2023 / Packet Page #: 262
PEAFOWL MANAGEMENT PLAN Page 13
Appendix A – Plant List
The following is a list of plants that peafowl like and dislike. It is suggested as an added deterrent measures that the following plants be considered when landscaping. It should be noted that peafowl take daily dust baths irrespective of the type of plants found in a garden and this can be destructive. It is not uncommon for residents to think peafowl are eating plants when in fact they are digging plants up to create loose soil for bathing purposes.

Peafowl dislike these plants:

Agapanthus
Azalea
Baby’s Breath
Bee Balm
Bird of Paradise
Blazing Star Liatris
Bouganvillea
Butterfly Plant
Cactus
Camellia
Cannas
Clivia
Columbine
Coneflower
Ferns
Fuchsia
Gaillardia
Gardenia
Geranium
Giant Columbine
Gladiola
Gloriosa Daisy
Hen & Chicken
Hibiscus
Hardy Lavender
Hostas
Iris
Ivy
Lantana
Lavender
Marigold
Mint
Mum
Oleander
Painted Daisy
Periwinkle
Peonies
Phlox
Pink Lady
Plumbago
Poinsettia
Pyracantha
Rhododendron
Rose
Shasta Daisy
Snap Dragon
Sunburst Coreopsis
Weigela
Peafowl like these plants:

Amaryllis
Begonia
Broccoli
Brussel Sprout
Cabbage
California Poppy
Cauliflower
Chive
Holly Berries
Impatiens
Kale
Kohlrabi
Lettuce
Nasturtium
Pansy
Petunia
Primrose
Stock
Stock Cauliflower
Sweet Alyssum
Tomato
Water Stock
Young Spinach and
Any young plants
Item #11. Page 25
Meeting Date: 8/22/2023 / Packet Page #: 263
PEAFOWL MANAGEMENT PLAN Page 14
Appendix B – Trapping Neighborhood Limits

Portuguese Bend
Item #11. Page 26
Meeting Date: 8/22/2023 / Packet Page #: 264
PEAFOWL MANAGEMENT PLAN Page 15
Crestridge
Item #11. Page 27
Meeting Date: 8/22/2023 / Packet Page #: 265
PEAFOWL MANAGEMENT PLAN Page 16
Sunnyside Ridge
Item #11. Page 28
Meeting Date: 8/22/2023 / Packet Page #: 266
PEAFOWL MANAGEMENT PLAN Page 17
Grandview
Item #11. Page 29
Meeting Date: 8/22/2023 / Packet Page #: 267
PEAFOWL MANAGEMENT PLAN Page 18
Vista Grande
Item #11. Page 30
Meeting Date: 8/22/2023 / Packet Page #: 268
City of South Pasadena
Peafowl Management Plan
Item #11. Page 31
Meeting Date: 8/22/2023 / Packet Page #: 269
Table of Contents
Purpose.…………………………………………………………………………………1
Goals.…………………………………………………………………………………….1
Peafowl Background………………………………………………………………...….1
Peafowl General Information …………………………………………………….…....2 Management Plan …….…………………………………………………………….….2

1. Public Education and Deterrent Measures

2. Trapping and Humane Relocation
Conclusion……………………………………………………………………………….4
Appendix

1. City Council Staff Report, September 21, 2022
Item #11. Page 32
Meeting Date: 8/22/2023 / Packet Page #: 270
1 Purpose
The purpose of this Management Plan is to humanely manage the peafowl population within the boundary limits of the City of South Pasadena.

Goal
The goal of this Management Plan is to reduce or eliminate the peafowl population within the City of South Pasadena. The goal will be achieved by implementing the following two strategies:

1. Public Education and Deterrent Measures

2. The Humane Trapping and Relocation of the Entire Peafowl Population.

Peafowl Management Plan
The intent of the Management Plan is to provide educational guidance for the City on how to manage the peafowl population in the City of South Pasadena through education and trapping. The guidelines and provisions of this Plan do not supersede federal, state, and county regulations or policies.

The City will update and modify the Plan as needed, based on the frequency of resident complaints and annual census survey data from the Pasadena Humane Society (PHS).

Peafowl Background
Since 2017, residents in the Monterey Hills area have raised concerns regarding peafowl nuisance including damage to residential properties and vehicles. The feeding of peafowl perpetuates this nuisance.

In 2019, PHS conducted two educational programs regarding coexisting with wildlife; however, complaints concerning the peafowl population have continued to increase.

In response to community concerns, the City commissioned PHS to conduct a census to determine the size of the peafowl population. In June 2021, PHS counted 36 peafowl and recommended increasing public education.

On July 20, 2022, during the general Public Comment period of the City Council regular meeting, several residents from the Monterey Hills area voiced concerns with the growing peafowl population and the nuisance posed. The residents cited examples of peafowl scat containing disease, peafowl screeches in early morning hours, and damage to vehicles along with other property. These concerns led the City Council to pass a motion for the creation of a management plan for initial review at the August 17, 2022 City Council regular meeting.

On September 21, 2022, the South Pasadena City Council adopted the Peafowl Management Plan. Further discussions on amending ordinances of the South Pasadena Municipal Code Sections 5.20, Noisy Animals and Fowl, and 5.5, Item #11. Page 33
Meeting Date: 8/22/2023 / Packet Page #: 271
2 Certain Fowl Prohibited, to include a No Feeding clause will be considered by the Council at a later date.

Peafowl General Information
Males are referred to as peacocks and females are referred to as peahens, and are collectively known as peafowl. The term “peacock” is commonly used to refer to birds of both sexes.

Peafowl follow a certain routine every day. They roost overnight in large groups in tall open trees. They are safe from predators during the night, and the males can travel via short flight through the branches. In the morning, the birds break up into small groups. Outside of the breeding season, groups consist of one peacock and several peahens, or all bachelors. These groups forage on the ground for food.

During midday, peafowl drink water, preen their feathers, rest in the shade, or take dust baths. Once the weather cools down, the birds go back to foraging for food before taking one last drink, and returning to their roost for the night.

Peafowl are ground feeders. They hunt for small animals, like spiders, reptiles, and amphibians in tall grasses, and minnows in shallow streams. They also eat plant parts such as flower petals, seeds, berries, figs, and leaves.

Generally, nesting/hatching season takes place between April and June. During this period, a peahen lays three to eight light green or tan eggs. The peachicks are able to walk and forage on their own right after they hatch, but they are very vulnerable. It takes two weeks before the peachicks can fly into a tree for safety, where they crowd on both sides of the peahen. At two months old, the peachicks look like peahens (both males and females), but are only half the size. It is not until their second year that the males achieve their mature coloring. The typical lifespan of peafowl is 15 years.

Management Plan

1. Public Education and Deterrent Measures
The public education campaign will occur on a yearly basis using the following methods to disseminate information to the public:
• Website updates through the Community Services homepage. • Social Media outlets for upcoming events and current issues. • Public Forums with presentations from PHS, City officials, and community concerns.
• Preparing and distributing educational leaflets to include deterrent techniques for residents.
o Peafowl do not like water. Water is one of the best known deterrents for peafowl. During drought conditions motion activated water spray devices can be attached to garden hoses.

Item #11. Page 34
Meeting Date: 8/22/2023 / Packet Page #: 272
3 o Peafowl are afraid of dogs. Walk your dog around the property and neighborhood. Keeping your dog in the backyard will act as a deterrent.
o Trim or Remove large trees. Peafowl prefer to roost in large overhanging trees, and trimming or removing trees will help to deter peafowl. Balloons in trees can deter peafowl from roosting.
o Be cautious when composting. Avoid open compost and
manure sacks as they tend to attract peafowl because they love to take dirt baths. Use a covered compost bin and keep the composting area clean.
o Peafowl eat wild birdseed, bread and pet food. Peafowl are attracted to these foods and it is difficult to wean them off them. Feed pets indoors and remove any pet food from
outdoors.
o Peafowl eat seeds and plants. Peafowl are attracted by certain plants and deterred by others. A list of plants can be found on the Community Services webpage.
o Prohibition of Feeding Peafowl. South Pasadena Municipal Code Sections 5.20, and 5.5 include a prohibition to feed peafowl.

2. Trapping and Humane Relocation
In order to reduce the peafowl population, this section of the Management Plan describes a citywide trapping and humane relocation program. The trapping and humane relocation program consists of the following four stages which are described below:
• Peafowl Census
• Seasonal Trapping
• Trapping Protocols
• Relocation
Peafowl Census
The peafowl census will be conducted annually to assess the peafowl population trends based on past census data. The census will occur over a three-day period in July. Neighborhoods may be added, deleted, or modified for future census years, based on previous census results or the success of previous trapping efforts.

Seasonal Trapping
The breeding season takes place between April through June. Seasonal trapping will occur during the months of October through February.

Item #11. Page 35
Meeting Date: 8/22/2023 / Packet Page #: 273
4 Trapping Protocols
The neighborhoods selected for trapping will be determined by the City based on peafowl population trends reflected in the yearly census as well as public input provided to the Community Services. The humane trapping of peafowl will occur as follows.
• Traps will be maintained and monitored in accordance to the State of California Department of Fish and Game and the U.S. Department of Wildlife and Fish standards.
• Traps will be serviced on a regular basis, but no less than once a week by the City’s trapping vendor.
• The City will establish a list of residents who volunteer private property to trap peafowl in the backyards of the properties.
• The peafowl traps consist of chain-link fencing and provide food and water for the birds.
• Traps occupied by peafowl will be serviced within 24-hours. The property owner where the traps are placed will be required to notify the City and the trapping vendor within 24-hours of the trap being occupied by peafowl. • The trapping vendor will then humanely relocate the peafowl to a foster home.

Relocation
Once peafowl are trapped by the vendor or removed from a trap by the vendor, they become the property of the trapping vendor. Trapped peafowl will be relocated from the City to foster homes that have been screened by the trapping vendor and reviewed by the City. This will ensure the individuals adopting the peafowl have some avian experience and have adequate room for the peafowl to roam freely.

The location and contact information (name and phone number) of the individual(s) accepting the trapped peafowl will remain confidential to protect their privacy.

Under no circumstances will the trapped peafowl be euthanized or treated inhumanely.

Conclusion
At the conclusion of the trapping and relocation season, City staff should conduct a review of the current status of the pride, recommendations for future actions and distribution of funds. City staff should present these recommendations to the City Council for final approval.

Item #11. Page 36
Meeting Date: 8/22/2023 / Packet Page #: 274
City of Glendora Peafowl Patrol Report
Jun 29, 2023, 6:55 PM

1. Responded at the intersection of Sierra Madre and Vista Bonita. No peafowl observed at the intersection.

2. 733 Vista Bonita Ave, observed 1 adult peacock at-large.

3. Intersection of Leadora and Glendora Ave, observed 2 young peacocks.

4. 446 Pennsylvania Ave. Observed 2 adult peacocks.

A total of 5 peacocks were observed in this area.

Jun 30, 2023, 3:00 PM

1. Patrolled the vicinity of Sierra Madre between Grand and Cullen, observed 1 peacock on Sierra Madre and Glendora Ave crossing the street.

2. Pennsylvania Ave and Virginia 1 peacock observed sitting on the grass by the curb.

3. Glendora Ave and Virginia 1 peacock observed walking on the sidewalk.

4. Vermont and Sierra Madre 1 peacock observed sitting on a dirt patch under a tree.

A total of 4 peacocks were observed in the area.

Jul 1, 2023, 3:21 PM

1. Sierra Madre Ave between Grand and Cullen, observed 1 peacock on a front lawn on Pennsylvania Avenue.

2. Vermont’s closest cross street of Virginia, observed 3 peacocks at separate front lawns.

3. Glendora Ave observed 1 peacock crossing the street.

4. Sierra Madre and Bonita, observed 1 peacock walking on the sidewalk.

A total of 6 peacocks were observed in the area.

Jul 1, 2023, 5:52 PM

1. Sierra Madre and Bonita Ave, observed no peafowl.

2. Cullen and Sierra Madre and observed no peafowl.

3. Patrolled the area for about 15 minutes down Sierra Madre and observed no peafowl.

No peafowl were observed in the area.

Jul 2, 2023, 8:50 AM

1. Cross streets of Glendora Ave and Virginia St., observed 1 peahen.

2. Virginia St., observed 1 peahen on the side of the street.

3. N Wabash Ave and E Leadora St., observed 1 peahen at 456 Minnesota Ave.

4. E Leadora St., observed 1 peacock and 1 peahen at the corner property of 304 E Leadora St.

5. Sierra Madre and N Bonita Ave, observed no peafowl.

Item #11. Page 37
Meeting Date: 8/22/2023 / Packet Page #: 275
A total of 5 peafowl observed in the area; 4 peahens and 1 peacock.

Jul 2, 2023, 9:21 PM

1. Sierra Madre and Ledora, patrolled 15 minutes, observed 3 peacocks and 1 peahen roaming a property eating.

A total of 4 peafowl observed in the area; 3 peacocks, 1 peahen.

Jul 3, 2023, 3:56 PM

1. Unable to conduct the AM Patrol due to emergencies. Vista Bonita/Sierra Madre, observed 1 peacock and 1 peahen on N. Live Oak Ave.

2. South on Vista Bonita, observed no peafowl.

3. Leadora Ave., observed no peafowl.

4. Pennsylvania, observed 3 peacocks and 2 peahens.

5. Sierra Madre and Live Oak, no additional peafowl observed on Live Oak.

Summary:

N. Live Oak - 1 peacock/ 1 peahen
Pennsylvania - 3 peacocks /2 peahens
A total of 7 peafowl observed in the area; 4 peacocks, 3 peahens.

Jul 3, 2023, 8:17 PM

1. N Wabash and Leadora St., observed 1 peacock at the corner property 304 E Leadora St.

2. Glendora Ave and Virginia Ave., observed 2 peahens and 1 peacock at 608 Glendora Ave.

3. Sierra Madre and Glendora Ave., observed 1 peacock walking along the sidewalk on Sierra Madre, where he traveled to N Vista Bonita Ave safely.

A total of 5 peafowl were observed in the area; 2 peahens, and 3 peacocks.

Jul 5, 2023, 4:55PM
Sierra Madre Ave, GLENDORA

1. Unable to patrol in the morning due to emergencies. Patrolled for 10 minutes.

Summary:
640 Pennsylvania - 1 peacock
Laurel St. - 1 peahen
515 N. Glendora Ave. - 5 peahens/1 peacock
505 Leadora St. - 1 peacock
446 N. Glendora Ave. - 1 peahen/ 4 peachicks
Total of 14 peafowl; 3 peacocks, 7 peahens, 4 peachicks Item #11. Page 38
Meeting Date: 8/22/2023 / Packet Page #: 276
July 6, 2023
No Patrol Due to Emergencies and Staffing
Jul 7, 2023, 4:54 PM

1. Observed 4 peacocks and 5 peahens on Pennsylvania.

2. Observed 3 peahens on Bonita.

3. Observed 2 peacocks on Leodora.

A total of 14 peafowl observed in the area; 6 peacocks, 8 peahens.

July 8, 2023
No Patrol Due to Emergencies and Staffing
Jul 9, 2023, 3:52 PM

1. North Vermont Avenue & West Leadora Avenue, observed 2 peahens and 1 peacock on the corner of Vermont and Leadora.

2. Observed 2 peacocks on the street of N Vermont Ave.

3. Observed 1 peacock at 608 Glendora Ave.

4. Observed 1 peacock walking along Glendora Ave.

A total of 7 peafowl observed in the area; 5 peacocks, 2 peahens.

Conclusion:

A total of 71 peafowl were observed from 6/29-7/8, omitting 7/4 due to the holiday and 7/6, 7/8 due to staffing and emergency calls. IVHS cannot determine whether these are 71 different peafowl, as most likely there are duplicates that were observed during the week, but this is the raw data yielded from 1-2 times per day patrol with officers visually observing from their vehicles, specifically looking for peafowl.

Item #11. Page 39
Meeting Date: 8/22/2023 / Packet Page #: 277
Item #11. Page 40
Meeting Date: 8/22/2023 / Packet Page #: 278
Wildlife
Management
Framework
San Gabriel Valley Council of Governments
Sophia Sousa
Management Aide
[email protected]
Vanessa Guerra
Management Aide
[email protected]
Contact information:

Item #11. Page 41
Meeting Date: 8/22/2023 / Packet Page #: 279
San Gabriel Valley Wildlife Management
Framework
Section 1: Introduction and Guiding Principles 2
Section 2: Public Education & Outreach 3

2.1 Attractants 4

2.2 Deterrents 6

2.3 Pet Protection 7

2.4 Laws & Ordinances 7
Section 3: Response & Reporting 7
Section 4: Behavior Modification & Hazing 8
Section 5: Feral-Domestic Animals 9
Section 6: Relevant Laws 12
Appendices
Appendix A: Hazing and Other General Considerations for Wildlife Encounters 13 Appendix B: Practical Hazing/Deterrent Tools and Methods 22 Appendix C: Wildlife Yard Audit 23
Appendix D: Wildlife Safety Response Plan Template 24
Appendix E: Black Bear Safety Response Plan Template 26 Appendix F: Sample Ordinances to Prohibit the Feeding of Wildlife 28 Appendix G: California and Los Angeles County Codes Regarding Feeding and Trapping Wildlife 34 Appendix H: Sample Ordinance Regarding Trapping Wildlife in the City Of Los Angeles 35 Appendix I: List of SGVCOG Member Agencies’ Coyote Management Plans 36 Appendix J: Additional Resources and Management Plans on Coexisting with Wildlife 36

Page 1 ends

Item #11. Page 42
Meeting Date: 8/22/2023 / Packet Page #: 280
Section 1: Introduction & Guiding Principles
The purpose of the San Gabriel Valley Wildlife Management Framework (WMF) is to provide guidance for coexisting with wildlife in the San Gabriel Valley region. The main goal of the WMF is to discourage the habituation of wildlife in an urban environment by using education, behavior modification, and a robust human/wildlife reporting and responding system. The recommended actions in this WMF are designed to increase communities’ knowledge and understanding of how wild animals behave and to make clear how such behavior can be managed or reduced to eliminate human conflicts with wildlife.

This framework has been modeled after plans that were utilized by other municipalities in Southern California, including the 2019 San Gabriel Valley Coyote Management Framework. This framework does not supersede federal, state, county, and city regulations and policies. Additionally, this framework does not apply to San Gabriel Valley residents, businesses, or homeowner associations in pursuit of their legal rights in dealing with wildlife.

Wild animals exist throughout the San Gabriel valley, yet cities are not responsible for the actions or damage caused by them. Wild animals are a common and an integral part of our ecosystem, biosphere and the circle of life. They transcend city boundaries, which is why using a regional management approach is so important. Common types of wildlife observed in the San Gabriel Valley vary from apex predators and tertiary consumers, such as coyotes, black bears, mountain lions, and bobcats, to othe-r secondary and primary consumers, including deer, opossums, raccoons, and skunks. Apex predators and tertiary consumers include animals that are at the “top” of the food chain, meaning they are not preyed upon by other animals. Secondary consumers include omnivores, meaning they eat meat and plants, that are both preyed upon and prey on other animals. Primary consumers include herbivores, meaning they only eat plants. Feral-domestic animals (FDAs), such as feral cats and peafowl, are prevalent as well. Table 1 lists each of these animals and their classification. As a result, humans, wild animals, and FDAs each share the same living space, inevitably leading to wild/feral animal-human interactions. This framework outlines how to safely coexist with the multitude of animals living in the San Gabriel Valley.

Table 1–Trophic Levels of Animals Commonly Found in the San Gabriel Valley Classification (Trophic Level) Associated Animals
Apex Predators/Tertiary Consumers Black bears, mountain lions, coyotes, bobcats Secondary Consumers Wildlife: opossums, skunks, raccoons, rattlesnakes FDAs: feral cats and peafowl
Primary Consumers Deer, wild rabbits, tree squirrels
As recommended by the California Department of Fish and Wildlife (CDFW), this WMF is guided by the following principles:
● Human safety is a priority in managing human-wildlife interactions. ● Wildlife serves an important role in San Gabriel Valley’s ecosystems. ● Preventive practices are crucial to minimizing potential interactions and encounters with wildlife.

Page 2 ends

Item #11. Page 43
Meeting Date: 8/22/2023 / Packet Page #: 281
● Solutions for wildlife conflicts must address both problematic wildlife behaviors and the human behaviors that invite them.
● Non-selective wildlife removal programs are ineffective for reducing wildlife population sizes or preventing human-wildlife conflicts in the long run.
● Regionwide programs that involve residents can improve coexistence among humans, wildlife, and pets.

Section 2: Public Education & Outreach
Wildlife awareness education is critical for residents to make informed decisions regarding their safety, properties, and pets by decreasing attractants, reshaping wildlife behavior, and creating reasonable expectations of normal wildlife behavior. Dissemination of information to residents, businesses, and schools will be accomplished through the use of the cities’ websites, newsletters, social media, press releases, town halls, community meetings, wildlife management workshops, and other direct and indirect public outreach campaigns.

Learning how to properly and effectively respond to a wildlife encounter empowers residents and supports reshaping undesired wildlife behavior. The public should understand what normal wildlife behavior is when living in close proximity to wildlife. For example, coyote vocalization is a normal and acceptable behavior that does not indicate aggression.

Local Government Best Practices for Wildlife Public Outreach ● Maintain a wildlife encounter response system (via phone and/or email) in which useful information may be provided.
● Host town hall meetings and provide educational workshops on wildlife safety and coexistence in communities with high human-wildlife interactions. ● Events should be tailored to the needs of each city, depending on the kinds of wildlife they most commonly experience.
● Distribute information regarding wildlife to residents and households in areas with high wildlife sightings.
● Information (mailers, social media posts, flyers, brochures, etc.) should be offered in English and other languages that are widely spoken by local residents. ● City websites should include web pages with relevant information and resources on wildlife management.

Cities are also encouraged to participate in the CDFW Wildlife Watch program. Wildlife Watch is a program that is modeled after the National Neighborhood Watch program. It allows residents and local agencies to address and resolve human-wildlife conflicts in their own community. Residents will need to complete required training and will be provided with support to develop an integrated wildlife

Page 3 ends

Item #11. Page 44
Meeting Date: 8/22/2023 / Packet Page #: 282
management plan specific to their needs. For more information on the wildlife watch please visit https://wildlife.ca.gov/wildlife-watch.

The following are key wildlife coexistence topics on which the public should be educated.

2.1 Attractants
While wild animals’ attacks on humans are extremely rare, urban landscape development, intentional and unintentional feeding, pet-related incidents, and media attention have led some residents to fear certain kinds of wildlife in the San Gabriel Valley, namely coyotes and black bears. It is important to note the normal behaviors of certain wildlife, for example, attacks on free-roaming and unattended small pets are normal coyote behavior and do not necessarily indicate a danger for humans. Black bears will only come to urban areas when seeking food, so it is crucial to remove all possible food sources that may be accessible. So long as wildlife do not show signs of habituation and/or unprompted aggression, coexistence with wildlife is possible.

Coexistence refers to the ability to live with wild animals while maintaining their natural fear of humans.

It does not mean living with animals in a way that promotes or creates their habituation.

Habituation typically occurs when wild animals associate people/neighborhoods with resources, such as food, water, or shelter, and as a result, lose their natural fear of humans. These resources are often called attractants. Habituation happens over time, and it can be attributed to unintentional/intentional feeding and the lack of reaction when faced with a wild animal. Habituation is dangerous, as habituated animals are less predictable and more comfortable around humans. Luckily, animal behavior can be shaped by human behavior. Residents should do their best to remove all wildlife attractants from their neighborhoods and keep their yards well-maintained, signaling to wildlife that it is not advantageous to live in their neighborhood. They must also act appropriately when confronted with wildlife. For more information on responding during wildlife encounters, see Section 3 and Appendices A and B.

The following subsections detail attractants related to food, water, and shelter. Residents should do their best1to remove these attractants from their yards/neighborhoods:

Food
Urban areas provide a bounty of natural food choices for wildlife. It has been shown that wildlife will often forage on their natural food items even in an urban setting. However, human-associated food such as pet food, bird feed, unsecured compost or trash and fallen fruit in parks and yards, provide quick and easy access to calories, which result in wildlife favoring human food sources.

Intentional and unintentional feeding can lead wildlife to associate humans with sources of food, which can result in negative and aggressive interactions among wildlife, people, and pets. Unintentional feeding occurs when residents fail to remove potential food sources from their properties. 1 Residents living near black bears should be especially strict when removing wildlife attractants. Black bears have a keen sense of smell, with a radius of, at the very least, over one mile (National Parks Service, https://www.nps.gov/yose/blogs/Bear-Series-Part-One-A-Bears-Sense-of-Smell.htm).

Page 4 ends

Item #11. Page 45
Meeting Date: 8/22/2023 / Packet Page #: 283
To reduce food attractants in urban and suburban areas, residents should be educated to on the following Do’s and Don’ts:

Do…
● Maintain good housekeeping, such as regularly raking areas around bird feeders and trimming overgrown foliage.
● Harvest fruit off trees as soon as it is ripe, and promptly collect fruit that falls. ● Keep trash in high-quality containers with tight-fitting lids. ● Only place trash bins curbside during the morning of trash collection. If left out overnight, trash bins are more likely to be tipped over and broken into. ● Keep barbecue grills clean and stored in a garage or shed when not in use. ● Bring pets in at night and provide safe and secure quarters for livestock. ● Compost food waste in fully and properly secured bins. Residents near black bears will need bear-resistant compost containers.

Don’t…
● Hand-feed or feed cats, squirrels, peafowl, deer or any other wildlife or feral domestic animal– this will attract larger kinds of wildlife, like coyotes and bears, to your neighborhood. ● Feed pets outside. If feeding pets outside is necessary, remove the feeding bowl and any leftover food promptly.
● Toss food scraps out into the yard
In addition to the recommendations listed above, residents living within close proximity to bears should be advised to implement the following recommendations:
● Purchase and properly use a bear-resistant garbage container. ● If you must, hang bird feeders during November through March and make them inaccessible to bears by hanging them at least 10 feet from the ground and six feet from any climbable structure. ● Do not leave trash, groceries, or pet food in your car, as bears can smell these food sources and easily rip through cars to access them.
● Do not leave any scented products outside, even non-food items such as suntan lotion, insect repellent, soap or candles.

Water
Urban areas provide a year-round supply of water in the form of stormwater impoundments and channels, artificial lakes, irrigation, swimming pools, and pet water dishes, which support wildlife. In dry conditions, water can be as alluring as food. Residents should remove outdoor water bowls/cans, fix pipe leaks, and secure fountains, pools, and jacuzzis with covers.

Shelter
Parks, greenbelts, open spaces, sumps, golf courses, buildings, sheds, decks, and crawl spaces increase the amount and variability of cover for wildlife. These spaces allow them to safely and easily remain close to residents, pets, homes, and businesses without detection. Wildlife may take advantage of available spaces under sheds or decks for use as a den or lair, thereby bringing them into close contact with residents and pets. Residents should block access to crawl spaces, the underside of sheds/decks and porches, and any other well hidden area that can house wild animals.

Page 5 ends

Item #11. Page 46
Meeting Date: 8/22/2023 / Packet Page #: 284
Feral Domestic Animals (FDAs)
FDAs include animals such as peafowl, feral cats, domestic ducks and geese, and rock pigeons. For the purpose of this framework, FDAs will represent only peafowl and feral cats. FDA’s and residents’ relationships with them contribute to increased FDA populations and attract other kinds of wildlife. For more information on feral domestic animals, see Section 5.

Residents are encouraged to use the Yard Audit Checklist (Appendix C) as a tool to help recognize and remove attractants in their yards and neighborhoods.

2.2 Deterrents
In addition to removing attractants, residents are encouraged to use deterrents, especially in areas where wildlife is consistently present. Deterrents stop or discourage wildlife from engaging in unwanted behavior, for example, entering one’s yard or eating one’s plants. Wild animals can be deterred by light, sound, and/or scent. See Appendix B for additional deterrent examples.

Light
Wildlife typically do not like bright or flashing lights, especially at night. Use motion detection lighting, strobe lighting, and, during the holiday season, blinking holiday lights. If it is likely that an animal has made a den or lair in one’s yard, place a flashlight near its entrance at dusk when the animals have left, and leave it on throughout the night. This will encourage the animal to leave and make a home elsewhere.

Sound
Certain noises can be unsettling to wild animals. If feasible, use a radio on a talk-show station or connect any device with access to YouTube to a speaker and play one of the videos linked below. If an animal is already present in one’s yard/home, make loud, jarring noises, to encourage the animal to leave. This can be accomplished by banging pots and pans together, shaking a tin can full of coins, yelling, and honking a car or air horn. If the animal is a black bear, advise residents to move to a safe space in their home and try their best to make sure there is a clear exit path for the bear. If it is possible to make noise from that space, they may do so to encourage the bear to leave.

The following list includes links to sounds that may be used to deter wildlife:
● Small Crowd Talking Ambience
○ https://www.youtube.com/watch?v=IJQdnHT3MCA
● Small Crowd Chatter Sound Effect
○ https://www.youtube.com/watch?v=FvsR1GBJc8E
Scent
The scents of bleach and ammonia are offensive to most wildlife. Place bleach or ammonia soaked rags (never both–when combined, they produce fumes toxic to both humans and wildlife) near items that may attract wildlife, such as trash bins, or near potential den/lair spaces. You may also make a homemade spray by combining vinegar and ammonia in a clean spray bottle. Use a 50/50 solution of ammonia or vinegar with water. You may spray this mixture around the perimeter of your yard or along the fence of your property. It is recommended to use these deterrents once a week and replace/respray them after rainfall. Please note, these sprays are not intended to be sprayed on wildlife directly. For those living near

Page 6 ends

Item #11. Page 47
Meeting Date: 8/22/2023 / Packet Page #: 285
black bears, the scent of pine-based cleaners also serves as a deterrent, but avoid using anything with a fresh, lemony, or fruity smell.

2.3 Pet Protection
The most common wildlife threat to pets is the coyote. Coyotes may prey on pets, including, but not limited to, dogs, cats, chickens and other birds, and rabbits. Any pet left unprotected and unsupervised is vulnerable, especially in areas where coyotes are prevalent. Other kinds of wildlife in the San Gabriel Valley are generally wary of pets, but some animals may attack pets if they feel threatened. For example, a black bear defending her cubs may become aggressive toward a dog that provokes her cub. ● The best way to minimize risk to pets from apex predators (and the other dangers of outdoor life such as cars and disease) is to keep small pets indoors, only let them outside in a secured enclosure or when accompanied by a person (within six feet). ● It is important to either keep dogs on a leash that is six feet long or shorter when outdoors or to stay within six feet of them (if unleashed) when outside. Coyotes may view a dog on a leash longer than six feet as an unattended pet. Coyote attacks on free-roaming small cats or dogs are normal animal behavior and do not indicate a danger for humans. A free-roaming pet is considered as an unattended domestic pet outside of its enclosed yard or area. ● Although attacks on larger dogs are rare, apex predators may attack a large dog when they feel that their territory is threatened.

2.4 Laws & Ordinances
It is important residents are made aware of state and local laws/ordinances regarding wildlife and feral domestic animals. For more information on relevant laws/ordinances regarding wildlife in the San Gabriel Valley, see Section 5.

Section 3: Response & Reporting
A five-tier safety response plan has been developed by the SGVCOG to provide a mechanism for identifying and classifying different levels of human-wildlife interactions for member agencies. This response plan serves as a regional approach to identify different types of wildlife encounters and their frequency. Cities are encouraged to adapt and adjust SGVCOG’s response plan or develop a plan that is more suitable to the individual cities’ needs; however, levels of wildlife behavior and response actions should be consistent with SGVCOG’s response plan. Several cities in the San Gabriel Valley have already developed their own tiered reporting and response systems for human-coyote interactions, but the system proposed by the SGVCOG is the first to encompass all wildlife. In addition to the tiered wildlife response plan, the SGVCOG has included a separate response plan for black bear encounters, which require a slightly different, more tailored response. Appendix D showcases both of the SGVCOG’s response systems.

If a human is attacked or physically injured by a wild animal, cities and counties will work with the CDFW, which will be the lead investigating agency, to identify and remove the responsible animal if necessary. As a last resort, lethal removal will be considered if there is a public safety issue with a particular wild animal threatening residents. This will only be used after a thorough investigation and

Page 7 ends

Item #11. Page 48
Meeting Date: 8/22/2023 / Packet Page #: 286
correct identification of the offending animal. If there is an immediate public safety issue, such as a wild animal threatening residents in an area frequented by people, the local police department will respond.

Cities should encourage residents to report all wildlife encounters to CDFW through their Wildlife Incident Report (WIR) webpage at https://apps.wildlife.ca.gov/wir/incident/create. Residents can report sightings of, or encounters with, all kinds of wildlife, including black bears, bobcats, mountain lions, deer, racoons, skunks, and more. Reporting wildlife encounters helps both SGVCOG and CDFW to identify potential trouble areas where certain kinds of wildlife are frequently sighted, allowing them to focus resources where they are needed most.

Threatening wildlife behavior or animal bites/attacks on humans should be reported immediately to emergency services at 9-1-1. If a resident has been bitten or wounded by a wild animal, please direct the injured resident to seek immediate medical attention. All animal bites to humans are legally reportable in Los Angeles County except for rodent and rabbit bites. For more information, please visit the Los Angeles County Department of Public Health website at
http://publichealth.lacounty.gov/vet/biteintro.htm.

Section 4: Behavior Modification & Hazing
It is possible for wildlife to become too comfortable in the close proximity of residents, a process otherwise known as habituation. To safely coexist and prevent habituation, residents must modify their behavior to shape wildlife behavior. Habituated wildlife behavior needs to be reshaped to encourage wild animals to avoid contact with residents and pets.

Hazing, also known as “fear conditioning” or “scaring,” facilitates this change and is, by necessity, a community response to negative encounters with wildlife. It is most commonly used to prevent coyotes from becoming habituated. The more an individual animal is hazed, the more effective hazing is in changing animal behavior. Removing attractants contributes to this change as well, signaling to wildlife that there is no food, water, or shelter available to them, encouraging them to move to another area.

Hazing employs the immediate use of deterrents to move an animal out of an area or discourage undesirable behavior or activity. When hazing, it is recommended to utilize deterrents such as loud noises, water, bright lights, and projectiles. Other acts of hazing include waving arms to make oneself appear big, spraying water in the direction of animals, and shouting. Hazing can help maintain a wild animal’s fear of humans and discourage them from key areas in neighborhoods, such as backyards and play areas. Hazing is not always applicable or recommended in every encounter with wildlife. Please see Appendices A and B for additional details on when/how to haze, effective hazing strategies and other responses to implement when you see a certain wild animal.

Hazing is not intended to harm or damage animals, humans, or property, but to change the animal’s behavior. A wild animal, similar to a dog, will not know that the behavior it is engaging in is unwanted unless some type of message is sent and reinforced repeatedly. Behavioral change also involves human activities such as identifying and removing attractants and protecting pets responsibly. If a human sees a wild animal in an urban area and does not respond in any way, a message opposite of hazing is conveyed to the animal.

Page 8 ends

Item #11. Page 49
Meeting Date: 8/22/2023 / Packet Page #: 287
Goals of Hazing
It is not economically and ecologically efficient to eradicate wildlife from the urban ecosystem.

Hazing is part of a long-term plan to create safe and acceptable living situations and reduce human-wildlife conflict. The goals of hazing include:
● To reshape wildlife behavior to avoid human contact in an urban setting. Human behavior can shape animal behavior, in either a negative or positive manner. People living in close proximity to wildlife can remove attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change wildlife behavior, preventing habituation.
● To provide residents information and tools to actively engage in reshaping wildlife behavior and to support feeling safe in their parks and neighborhoods. This can be accomplished by teaching residents effective and appropriate hazing techniques. ● To model hazing behavior and share accurate information about wildlife among other residents, friends, and family.
● To monitor hazing to assess its effectiveness and determine if further action or more aggressive hazing is needed.
● To develop long-term community-based hazing programs.

Section 5: Feral-Domestic Animals
In addition to wild animals, feral domestic animals (FDAs) play a significant role in coexisting with wildlife. These animals include, but are not limited to, peafowl, feral cats, and rock pigeons. This framework will only discuss peafowl and feral cats when referring to FDAs. FDAs’ presence, and residents’ relationships with them, often attract other forms of wildlife to a neighborhood. When residents feed FDAs, they consequently feed wildlife as well. Leftover food from bowls set out for certain animals, and even the animals themselves, attract wildlife. For example, when a resident leaves a bowl of cat food out with the intent of feeding feral cats, they also feed surrounding opossums, racoons, and skunks, as well as the coyotes that prey on feral cats. Another common example occurs when residents feed deer and as a result, attract bears.

It is illegal to feed wildlife in the State of California, whether intentionally or unintentionally. Feeding FDAs often results in the unintentional feeding of wildlife. While it may be compelling to feed FDAs, it is harmful to them and surrounding wildlife. Human food is unhealthy for FDAs and wild animals, and feeding them can lead to malnourishment and/or death. Feeding results in an increased, unnatural population of FDAs and wild animals, increasing the likelihood of transmitting diseases to both people and other animals.

The same guidelines outlined for wildlife in sections 2.1 through 2.4 can be applied to FDAs. The following subsections will discuss any additional information related to FDAs. Figure 1 summarizes these guidelines, along with additional information regarding black bears and FDAs.

Page 9 ends

Item #11. Page 50
Meeting Date: 8/22/2023 / Packet Page #: 288
Figure 1–Summary of General Considerations for All Wildlife and FDAs with Additional Information on Select Animals
Feral Cats
Feral Cats are un-owned domestic cats that live outdoors with little to no human interaction. Although they might seem helpless, it is important that residents do not feed feral cats. Feeding feral cats can attract other wildlife and pests to that particular area where food sources are readily available.

Feral cats can sometimes be difficult to tell apart from stray cats. In contrast to feral cats, stray cats are cats that, at some point in their lives, lived indoors and socialized with humans. Adult feral cats have never socialized with people and cannot become indoor cats.

They do not approach humans and will move cautiously with their body crouched low to the ground and their tail down. They are constantly observing their surroundings.

Cities should refer residents to trap-neuter-release programs to help reduce feral cat populations. Trap-neuter-release programs involve humanely trapping feral cats and bringing them to a veterinarian's office to be spayed/neutered and sometimes vaccinated. The cats are then returned to their outdoor home. The San Gabriel Valley

Page 10 ends

Item #11. Page 51
Meeting Date: 8/22/2023 / Packet Page #: 289
Humane Society offers this service at a low cost. To participate, residents must contact the Humane Society for further instruction. Additional information is available on the Humane Society’s website at https://www.sgvhumane.org/trap-neuter-return-cat. A list of trap-neuter-release programs within Los Angeles County can be found at: http://www.spaycalifornia.org/feral/feral_losangeles.htm.

Peafowl
Residents might consider peafowl as wildlife, but they are actually FDAs. Peafowl are large birds known for their colorful feathers. Although they are beautiful, peafowl can become a nuisance to residents. Peafowl are capable of causing damage to cars, lawns, and the roofs of properties.

When landscaping, it is suggested to cover gardens with gravel or rocks to prevent peafowl from digging up plants to create loose soil for bathing purposes. It is also recommended that residents consider including plants that peafowl dislike in their yards. Table 2 lists plants that peafowl like and dislike. Cities should encourage residents to remove plants that peafowl like and replace them with plants they dislike.

Table 2–Plants Peafowl Like and Dislike
Plants Peafowl Like Plants Peafowl Disike
● Amaryllis
● Begonia
● Broccoli
● Brussel Sprout
● Cabbage
● California Poppy
● Cauliflower
● Chive
● Holly Berries
● Impatiens
● Kale
● Kohlrabi
● Lettuce
● Lettuce
● Nasturtium
● Pansy
● Petunia
● Primrose
● Stock
● Stock Cauliflower,
● Sweet Alyssum
● Tomato
● Water Stock
● Young Spinach
● Young Plants (any
variety)
● Agapanthus
● Azalea
● Baby’s Breath
● Bee Balm
● Bird of Paradise
● Blazing Star
Liatris
● Bougainvillea
● Butterfly Plant
● Cactus
● Camellia
● Cannas
● Clivia
● Columbine
● Coneflower
● Ferns
● Fuchsia
● Gaillardia
● Gardenia
● Geranium
● Giant Columbine
● Gladiola
● Gloriosa Daisy
● Hen & Chicken
● Hibiscus
● Hardy Lavender
● Hostas
● Iris
● Ivy
● Lantana
● Lavender
● Marigold
● Mint
● Mum
● Oleander
● Painted Daisy
● Periwinkle
● Peonies
● Phlox
● Pink Lady
● Plumbago
● Poinsettia
● Pyracantha
● Rhododendron
● Rose
● Shasta Daisy
● Snapdragon
● Sunburst
Coreopsis
● Weigela

Page 11 ends

Item #11. Page 52
Meeting Date: 8/22/2023 / Packet Page #: 290
Cities can establish their own peafowl management plans that go beyond attractant removal and deterrent implementation. Because peafowl are FDAs and not considered wildlife, cities can implement their own peafowl trap and relocation programs. The cities of La Cañada Flintridge and Rancho Palos Verdes both have established peafowl management plans that involve the trapping and relocating of peafowl (Appendix J). In both plans, the goal is to maintain peafowl populations below a sustainable census. Once peafowl populations exceed this census, cities are responsible for the trapping and relocation of peafowl.

This can be accomplished by hiring a licensed trapper, who will identify new homes for the trapped peafowl.

Section 6: Relevant Laws
California law prohibits feeding, breeding, and sheltering wildlife (including rodents) and local police departments are obligated to enforce applicable state statutes pertaining to this activity. Cities and counties are encouraged to adopt ordinances that further discourage residents from feeding wildlife.

Please see Appendix F for sample ordinances prohibiting the feeding of wildlife from the Cities of Azusa and Davis, California.

Additionally, California law prohibits the trapping and relocation of nongame mammals. Trapped nongame mammals must either be killed immediately or released.

California and Los Angeles County codes regarding feeding and trapping wildlife are listed below. Please see Appendix G to view the codes in their entirety.
● California Code of Regulations Title 14. Section 251.1. Harassment of Animals ● California Code of Regulations Title 14. Section 465.5(G)(1) Use of Traps/Immediate Dispatch or Release
● Los Angeles County Code Title 10. Sections 10.84.010-10.84.020. Providing Food For Certain Rodents or Predator Animals Prohibited

Page 12 ends

Item #11. Page 53
Meeting Date: 8/22/2023 / Packet Page #: 291
APPENDIX A: HAZING AND OTHER GENERAL CONSIDERATIONS FOR WILDLIFE

ENCOUNTERS
Human behavior can shape animal behavior in either a negative or positive manner. Residents living in close proximity to wildlife should remove attractants, identify potentially dangerous situations for their pets and themselves, and respond in a manner designed to change wildlife behavior.

Successful hazing requires community involvement, understanding, and support. Residents should be equipped with tools and knowledge to respond consistently in their own neighborhoods, parks, and open spaces. Levels of hazing need to be appropriately relevant to the wild animal’s activity, for example, wildlife may be more prevalent during morning, evening, and nighttime hours, when less humans are out.

In most cases, this is normal behavior, and hazing may not be necessary in this situation.

The following bullets outline key components of hazing wildlife:
● Hazing is a process whereby individuals make an animal uncomfortable so that the animal chooses to leave a situation where their presence is unwanted. ● Basic hazing consists of residents standing their ground, never ignoring or turning their backs on an animal, and yelling and making unpleasant and frightening noises until the animal chooses to leave.
● Once the act of hazing begins, it must continue until the animal leaves the vicinity. Otherwise, the animal will learn to wait until the person gives up. Not following through with hazing will create an animal more resistant to hazing instead of reinforcing the image that humans should be avoided.
● Do not haze injured animals. An injured animal becomes less predictable versus a normal, healthy one who responds in a consistent and predictable manner to hazing. ● Hazing should allow the animal to return to its normal habitat in a direction that would minimize harm to the animal. Hazing the animal in the direction of other houses and busy streets should be avoided.
● Hazing uses a variety of different hazing tools. This is critical as animals can become accustomed to individual items and sounds. The following items are often used to haze animals:
○ Noisemakers: Voice, whistles, air horns, bells, “shaker” cans, pots, pie pans ○ Projectiles: Sticks, small rocks, cans, tennis balls, rubber balls ○ Deterrents: Hoses, spray bottles with vinegar, pepper spray, bear repellent, walking sticks, ammonia soaked rags
Animal harassment and abuse is illegal and not a form of hazing. Hazing should never injure an animal. The following subsections further detail how residents should respond during certain wildlife encounters:

Page 13 ends

Item #11. Page 54
Meeting Date: 8/22/2023 / Packet Page #: 292
Coyotes
In most cases, it is recommended to implement the hazing techniques listed below when faced with a coyote in an urban area.

Sometimes, it is necessary to use more aggressive hazing toward coyotes that show signs of habituation. In this situation, approach the coyote quickly and aggressively, waving arms, throwing projectiles in the direction of (but not at) the animal, or spraying water with a hose or water gun. All of these techniques are used to reinforce a coyotes’ natural fear of humans, encouraging the coyote to leave the vicinity. Unprompted hazing may not be necessary during late night encounters with coyotes, as they are often out when humans are not present. The following is a list of tips and other considerations regarding hazing coyotes:
● Hazing must be more exaggerated, aggressive, and consistent when first beginning a program of hazing. As coyotes “learn” appropriate responses to hazing, it will take less effort from hazers.

Early in the process, it is extremely common for coyotes not to respond to hazing techniques. Without a history of hazing, they do not have the relevant context to respond to the desired outcome, which is for them to leave the vicinity. ● Techniques and tools can be used in the same manner for one or multiple coyotes. Usually there is a dominant coyote in a group who will respond - others will follow its lead. Residents should not ignore, turn their backs, or avoid hazing because there are multiple coyotes instead of a single individual coyote.
● The more often an individual coyote is hazed by a variety of tools and techniques and a variety of residents, the more effective hazing will be in changing that animal’s future behavior. ● Hazing must be directly associated with the person involved in the hazing actions. The coyote must be aware of where the potential threat is coming from and identify the person. ● Coyotes can and do recognize individual residents and animals in their territories. They can learn to avoid or harass specific individuals in response to behavior of the person and/or pet. ● Coyotes can be routine in their habits. Identifying their normal habits can help target which habits to change. For example, the coyote patrols the same bike path at the same time in the morning three to five days a week. Hazers should concentrate on that time and place to encourage the animal to adapt its routine to decrease contact with residents. ● Certain levels of hazing must always be maintained so that future generations of coyotes do not learn or return to unacceptable habits related to habituation to residents. ● Human behavior must change to support hazing and continued identification and removal of possible attractants.
● Education about exclusion techniques including how to identify and remove attractants, personal responsibility in pet safety, and having reasonable expectations are critical parts of a coyote hazing plan.
● Coyotes are skittish by nature. Habituated behavior is learned and reinforced by human behavior.

As a rule, coyotes do not act aggressively towards aggressive people. The one exception is a sick or injured animal. Engaging a sick or injured animal can result in unpredictable behavior. If

Page 14 ends

Item #11. Page 55
Meeting Date: 8/22/2023 / Packet Page #: 293
this is suspected, residents should not engage and instead remove themselves from the situation, then immediately contact the local police department.
● Individuals involved in hazing need to be trained in explaining hazing to residents who witness the process. They also need to explain the difference between hazing and harassment of wildlife and goals of appropriate behavior for coexistence.

Black Bears
Black bears are generally timid animals; they will seek to avoid confrontation with humans. The black bears’ presence in urban areas has increased over time, as they’ve come to realize urbanized spaces offer an abundance of resources. Because of this, it is very important to remove all attractants from one’s yard/neighborhood. For a detailed list of possible attractants, see section 2.a.

It is useful for residents to understand the difference between normal and habituated black bear behavior. That way, when confronted with a black bear in their neighborhood, they will know how to respond. Normal black bear behavior includes spending most of its time foraging or walking around in search of food, water, and other resources. Black bears, especially cubs, will sometimes vocalize or climb trees. If a black bear is in a tree, do not stand below it or otherwise make the bear feel trapped. Instead, leave the bear alone so that it feels safe to climb back down and leave the area. In the event that a black bear exhibiting normal behavior is found in a neighborhood, residents should remove all attractants and stay out of the bear’s path.

On the other hand, a habituated bear shows little to no overt reaction to people as a result of being repeatedly exposed to anthropogenic stimuli without substantial consequences. A bear is likely habituated if it does not respond to people’s attempts to shoo the bear away (yelling and making other loud noises) and/or is causing damage to vehicles or structures. Residents who have experienced property damage can request a depredation permit to lethally remove the bear causing damage.

A Depredation Permit is a legal document obtained by a homeowner or tenant from CDFW that enables residents to address (within the bounds of the permit) a predator that has caused property damage, or has injured or killed livestock, poultry, or pets. A CDFW biologist will assess the situation before providing a depredation permit. Picture/video evidence of the animal’s behavior is not required but is extremely helpful in determining the necessity of a depredation permit. Once a depredation permit is issued, residents are responsible for hiring a licensed agency to address the situation as allowed by the permit.

CDFW will only remove black bears in extreme cases. This can be a lengthy process as the bear will need to be trapped, and CDFW will need to confirm it is the bear causing the issues. CDFW will try to find a suitable habitat for the bear. Because this is difficult to accomplish, “removal” often means humane euthanasia. An intense discussion with CDFW, the city, and federal partners will need to take place in order to make the decision regarding the bear. Table 2 summarizes the differences between normal and habituated black bear behavior.

Page 15 ends

Item #11. Page 56
Meeting Date: 8/22/2023 / Packet Page #: 294
Table A-1–Normal vs. Habituated Black Bear Behavior
Normal Black Bear Behavior Habituated Black Bear Behavior ● Foraging/walking in search of food/water
(even in foothill communities)
● Climbing trees (especially cubs)
● Vocalizing
● Little to no reaction toward humans’
attempts at shooing the bear away
● Damaging vehicles/structures and other
property
Please remember the following tips provided by the CDFW when faced with a black bear… In/near your home:
● If a bear breaks into your home, do not confront the bear. Instead, provide an escape route and do not block exit points. If the bear cannot find its way out, hide in a safe space and call 911. ● If you encounter a bear in your yard, chances are it will move on if there is nothing for the bear to forage. It is recommended that residents first remain indoors and wait for the bear to leave on its own. If the bear does not leave after some time, you can encourage the bear to leave by using noise makers or blowing a whistle within your home.
● If the bear is accompanied by its cubs, keep your distance and allow them to pass through. If you are inside and see a bear with its cubs in your yard, remain inside, as the bear may be more inclined to protect its cubs.

On a hike or in a remote area:
● If the black bear does not see you, back away slowly and increase your distance. Clap hands or make noise so the bear knows you are there and will move on. ● If the black bear sees you, do not make eye contact. Slowly back away. Do NOT run. Let the bear know you are not a threat. Give it a way out.
● Carry and know how to use bear spray as a deterrent. In the event of a black bear attack, it is usually recommended to fight back. However, each situation is different. Prevention is the key.

General considerations regarding black bears:
● If a black bear approaches you, make yourself look big by lifting and waving your arms. Use noisemakers, or yell at the bear. If small children are present, keep them close to you. ● Female black bears will often send cubs up a tree and leave the area in response to a perceived threat. Do not remain in the area – when you leave, she will come back for her cubs. ● Black bear attacks are rare in California and typically are defensive in nature because the bear is surprised or defending cubs; however, bears accustomed to people may become too bold and act aggressively.
● In the very rare situation that a bear does attack you, fight back and do NOT play dead.

Once the bear leaves, residents should remove whatever attracted the bear to the area and any other attractants. For additional information on the CDFW’s response, methods, and decision-making process in managing human/bear conflicts in California, please see their updated black bear policy at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=198982&inline. The purpose of the CDFW’s black

Page 16 ends

Item #11. Page 57
Meeting Date: 8/22/2023 / Packet Page #: 295
bear policy is to provide guidance to staff and the public on how human/bear categories will be handled through their department.

Mountain Lions (also known as Pumas or Cougars)
While it is unlikely, it is possible to encounter a mountain lion, especially during hikes in/near the San Gabriel Mountains. Mountain lions are rather recluse and are wary of humans, making human encounters with them especially rare. If a resident does encounter a mountain lion, they should be educated to:
● Immediately pick up children and/or small pets.
● Make themselves appear larger by standing close to other people, opening jackets/other layers of clothing, and raising their arms (waving them slowly). ● Make noise by yelling, banging a walking stick/water bottle, and speaking slowly and loudly. ● Maintain eye contact.
● Never run away, turn their back, crouch down, or bend over. ● Slowly create distance and allow the mountain lion a route to escape.

To avoid attracting mountain lions, residents should never feed or otherwise attract deer, a mountain lion’s prey.

Bobcats
Bobcats are medium-sized members of the wild cat family and are often mistaken for other cat species.One easy way to distinguish bobcats is by their size. They are only
one-quarter to less than one-half the size of a mountain lion.

They are generally two to three times larger than a housecat and more muscular and full in the body. Their tails are significantly shorter than the tails of mountain lions and most domestic cats. A bobcat's diet consists of rabbits, robdents, rats, raccoons, deer fawns and birds. They also consume plants like grass and fruit. Bobcats have always been around but are rather recluse and are known to be very shy, elusive and avoidant. When encountering a bobcat, it is important to:
● Back away slowly and deliberately from the bobcat, creating as much distance as possible. ● Never turn your back on the bobcat.
● Never run away, as that can provoke the bobcat into instinctively pursuing you. ● If you have water, throw or spray it at the bobcat, as they dislike water ● Never approach or attempt to handle a bobcat
Figure 1 details key differences between identifying bobcats, mountain lions, and feral/domestic house cats.

Page 17 ends

Item #11. Page 58
Meeting Date: 8/22/2023 / Packet Page #: 296
Figure A-1–Key Differences When Identifying Bobcats, Mountain Lions, and House Cats Deer
Whether on a hike or in one’s front yard, deer can be
spotted throughout the San Gabriel Valley. Just as with any wild animal, it is important to maintain a safe distance when spotting a deer. Deer are naturally afraid of humans, and they will typically leave at the sight of one. While it is possible for deer to become aggressive and/or violent, it is unlikely that residents will experience this behavior. Be wary of deer that start to stomp or scrape the ground with their hooves and lower their heads, as this behavior
indicates potential aggression. Never challenge the deer.

Instead, slowly back away while looking downward. If deer are frequently spotted near one’s property, consider installing motion detection lights to deter them (and most other wild animals) from entering the yard.

While it may not be common in the San Gabriel Valley, residents should understand that it is possible to run into a deer while driving. The best way to avoid hitting a deer on the road is by:
● Slowing down on roads with deer crossing warning signs ● Being alert especially at dawn and dusk
If one sees a deer in the road, they should brake firmly and calmly, stay in their lane, and honk loudly.

Swerving could make one lose control of their vehicle. If one does hit a deer, they should immediately turn on their hazard lights and move their vehicle to a safe location. The collision should then be reported to local law enforcement or state police. If someone is injured, they should immediately contact emergency services.

Page 18 ends

Item #11. Page 59
Meeting Date: 8/22/2023 / Packet Page #: 297
Deer can often serve as pests to those trying to cultivate a garden. To deter deer from any yard or garden, residents should consider planting deer resistant plants. These plants include agave, cacti, wild lilac, gazania, African daisy, bamboo, tree mallow, lion’s tail, oregano, rosemary, yucca, thyme, and scaevola.

Residents should always remember to pick up any fallen fruit from trees to avoid attracting deer and other wildlife.

Finally, never intentionally feed deer. Not only is feeding wildlife illegal, but feeding deer is considered baiting big game, which is prohibited by California Mammal Hunting Regulation 251.6 the state of California. Additionally, feeding deer can attract mountain lions to an area, as deer are a mountain lion’s natural prey. Deer are also hosts to ticks, which can carry and transmit diseases such as Lyme disease, making feeding deer dangerous to both humans and deer.

Skunks, Opossums, Raccoons
Skunks, opossums, and raccoons (pictured left to right) can be a nuisance in communities. They are often found in yards and can cause damage to gardens. Like any wild animal in an urban setting, they seek any source of food, water, and shelter.

Skunks are small, furry, black animals with two thick white stripes along their backs. They are most active during the nighttime. It is best to avoid a skunk during an encounter. If it is first seen at a distance and hasn't sensed the human’s presence, slowly and quietly back away. Skunks are generally not aggressive unless they feel threatened. A skunk that feels startled or afraid will signal that it plans to spray by raising its tail, standing on its hind legs, or stomping its feet on the ground.

Opossums resemble large rats, with white and black fur, a big jaw, beady eyes, and a hairless tail. They are commonly found in people’s yards and streets. They are slow moving animals. When they feel threatened, opossums display their teeth, growl, drool, and sometimes play “dead.” Raccoons are medium-sized mammals often distinguished by their fox-like face with a black mask.

Raccoons are nocturnal animals and can become aggressive when provoked. If threatened, raccoons will attack using their claws and teeth. If a raccoon approaches too closely, one should make themself appear larger by standing up, shouting, and waving their arms. If it continues to approach, spray water or throw projectiles in the raccoon’s direction, if needed.

Additional detailed information on skunk, opossum, and raccoon management can be found on the University of California’s Integrated Pest Management Program website, http://ipm.ucanr.edu/PMG/menu.house.html#VERT.

Page 19 ends

Item #11. Page 60
Meeting Date: 8/22/2023 / Packet Page #: 298
Rattlesnakes
Rattlesnakes are found in a variety of habitats throughout California, including urban spaces, riverbanks, hiking trails, lakeside parks, golf courses, and open fields. They may be found around homes and yards in brushy areas and under
wood piles. Rattlesnakes are generally not aggressive, but they will bite if they feel threatened or when handled
incorrectly. They may react aggressively and quickly when accidentally startled. It is important to take precaution when passing through an area that may have rattlesnakes,
especially during the spring and summer–the seasons when rattlesnakes are more likely to be present. During especially hot seasons, rattlesnakes are more likely to be spotted during dusk and dawn, avoiding the hottest hours of the day to prevent them from overheating. During the fall and winter, rattlesnakes are more likely to be spotted during mid-morning, as they increase their body temperature by laying in the sun.

Please consider the following measures to reduce the likelihood of encountering a rattlesnake:
● Always be alert! Startled rattlesnakes may not rattle before they bite. ● When walking through bushy or wild areas, wear sturdy boots and loose fitted pants. ● When hiking, go through well-used trails only, and always go with someone in case an emergency situation arises. Carry a cell phone at all times.
● Teach children to leave snakes alone and to not play outdoors while barefoot. ● Keep pets on leashes when hiking, and speak to your veterinarian on measures to take if your pets are bitten by a snake
Rattlesnakes are venomous, so it is important to seek medical attention immediately after a rattlesnake bite. If you or someone nearby is bitten by a rattlesnake, remember the following:
● Stay calm and act quickly.
● Remove all watches and rings to avoid swelling.
● Do not use your mouth to “suck the venom out”.
● Do not apply a tourniquet.
● Do not ice the bite area.
● Do not cut the wound with a knife or razor.
● Go to the nearest emergency room, and seek medical attention.

If rattlesnakes are a recurring issue in one’s yard, it is advisable to install a “snake-proof” fence in compliance with local municipal code. The fence should be at least three feet high with a few inches into the ground. It can be solid or mesh, but the mesh should be no larger than one-quarter inch.

Tree Squirrels
Tree squirrels are most active during the day and oftentimes spotted in trees or running on utility lines.

They search for food wherever they may find it, including in residents’ homes and yards. Squirrels are capable of chewing into wooden buildings and sneaking into attics. Their diet consists of a variety of

Page 20 ends

Item #11. Page 61
Meeting Date: 8/22/2023 / Packet Page #: 299
foods such as seeds, pine, nuts, insects, and bird eggs. If squirrels become an issue, the following are steps to minimize their presence near one’s property:
● Remove any bird feeders on trees or with easy access to squirrels.
● Never leave pet food outdoors.
● Make sure your outdoor trash cans are property sealed. ● If there are fruit, seed, or nut bearing trees, rake up any that fall to the ground.
● Prune off tree branches to avoid squirrels from leaping from one branch to another.
● Ensure that trees around the home are always trimmed to prevent squirrels from jumping on to the roof.

Page 21 ends

Item #11. Page 62
Meeting Date: 8/22/2023 / Packet Page #: 300
APPENDIX B: PRACTICAL HAZING/DETERRENT TOOLS AND METHODS The following tools and descriptions are listed as written by Cassidy English, District Wildlife Manager for Colorado Parks and Wildlife.

Rattle Cans: An aluminum can that is filled one-quarter with gravel. These work great for bears. When you see a bear, shake the can and yell at it. If necessary, you can throw the can toward the bear. This method can also be done from inside your house. If a bear is in your yard, all you have to do is open a window or a door a tiny bit and shake the can. Try it with deer, mountain lions and coyotes, too.

Pots and Pans: It’s time to be a little kid again and make as much noise as possible. Banging pots and pans can be a great way to tell wildlife they are not welcome in your yard. It can even work for birds, such as herons snacking on your pond fish or woodpeckers drumming in your house. It doesn’t have to be pots and pan, just use anything that makes a lot of noise.

Yelling/Making Yourself Look Big: Yelling and making yourself look big can show wildlife that people are frightening and shouldn’t be approached.

Air Horns/Car Alarms: Any sudden, very loud noise can get wildlife away from your yard. A deer walks into your yard to eat your favorite flowers, blast an air horn. Car alarms can work for less habituated animals. In the city, they may be used to car alarms going off at all hours. It is worth a try, especially if the situation allows for the element of surprise.

Bleach/Ammonia: If you have small animals such as foxes, skunks or raccoons getting into sheds or under porches you can soak a washcloth or rags in bleach or ammonia, put them in a plastic sandwich bag with several holes poked in it. Place the bag at the entrance to the area. They hate the smell and will avoid the area.

Bird-Nesting Boxes: If you have a bird trying to nest in an inconvenient place, try putting up a nest box nearby. This will provide them with a location other than in your house to build a nest. There are plenty of different dimensions of nest boxes that will work for various species.

Streamers, Owl Statues, Kites: Putting aluminum colored streamers, owl statues, or flying a hawkshaped kite can deter birds from coming into your yard.

Page 22 ends

Item #11. Page 63
Meeting Date: 8/22/2023 / Packet Page #: 301
APPENDIX C: WILDLIFE YARD AUDIT
To download the pdf version of the following yard audit, use the link below:
https://drive.google.com/file/d/1u98a0jtXb7oajOJcVk-LXZgi8kZTU6mk/view?usp=sharing.

Page 23 ends

Item #11. Page 64
Meeting Date: 8/22/2023 / Packet Page #: 302
APPENDIX D: WILDLIFE SAFETY RESPONSE PLAN TEMPLATE
This showcases the SGVCOG’s recommended five-tier wildlife response plan. As mentioned previously, cities and agencies are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the levels of wildlife behavior and response actions should be consistent with SGVCOG’s response plan. Please note that this response plan applies to wild animals, with the exclusion of black bears. You may find the Black Bear Safety Response plan on the following page (Appendix E).

It is important that residents understand their first contact in an emergency situation should be emergency services, for example, calling 9-1-1.

ANIMAL BEHAVIOR RESPONSE LEVEL RESPONSES
Wild animal heard or seen
resting or moving in public area
Level 1 Report will be reviewed, and if appropriate,
a response will be provided by e-mail or
phone. The City/Agency would direct
residents to available resources on normal
animal behavior.

Wild animal seen resting in
public area with humans present
Level 2 The City/Agency provides resources for the
resident to be educated on hazing
techniques and/or what-to-do tips.

Additionally, the City would encourage the
local community to eliminate wildlife
attractants.

Wild animal entering a yard to a
home with or without pets
present
Level 2 The City/Agency provides information for
the household to be educated on wildlife
attractants, yard audit implementation,
human-wildlife conflict mitigation, hazing
techniques, and/or pet safety information (if
applicable).

Wild animal entering a yard and
injuring or killing attended or
unattended pet
Level 3 The City/Agency gathers information on
specific animals involved, reports on
circumstances, and provides information for
the household to be educated on wildlife
attractants, yard audits, and pet safety
information. If needed, the City/Agency
directs resident to their respective animal
care agency.

Wild animal biting or injuring
an unattended pet/pet on a leash
Level 3 The City/Agency gathers information on
specific animals involved, reports on
circumstances, and provides information for
the household to be educated on wildlife
attractants, yard audits, and pet safety
information. If needed, the City/Agency
directs resident to their respective animal
care agency.

Page 24 ends

Item #11. Page 65
Meeting Date: 8/22/2023 / Packet Page #: 303
Wild animal following or
approaching a person and pet
Level 3 The City/Agency provides information for
the resident to be educated on hazing
techniques, what-to-do tips,
yard/neighborhood audits, and pet safety
information. Additionally, the City/Agency
will work with the residents to eliminate
wildlife attractants in the area.

Wild animal following or
approaching a person without a
pet
Level 4 The City/Agency provides information for
the resident to be educated on hazing
techniques, what-to-do tips,
yard/neighborhood audits, and pet safety
information. Additionally, the City/Agency
will work with residents and local groups to
eliminate wildlife attractants in the area.

Wild animal biting or injuring a
human
Level 5 The City/Agency informs CDFW and
Wildlife. Residents will receive educational
materials on wild animal attractants, yard or
neighborhood audits, hazing, and pet safety.

Additionally, the City/Agency would work
with the respective Humane Society, the
County of Los Angeles, CDFW, elected
officials, and its neighboring cities to send
out mailers, partner with external
stakeholders to host trainings and
workshops, conduct a community
meeting/town hall, and encourage the cities
in the subregion to work with community
groups to eliminate wildlife attractants.

Page 25 ends

Exhibit A
Item #11. Page 66
Meeting Date: 8/22/2023 / Packet Page #: 304
APPENDIX E: BLACK BEAR SAFETY RESPONSE PLAN TEMPLATE
This showcases the SGVCOG’s recommended 4-tier black bear response plan. As mentioned previously, cities are encouraged to modify SGVCOG’s response plan to cater to the needs of their own communities; however, the response actions must be in accordance with California policy and CDFW.

It is important that residents understand their first contact in an emergency situation should be emergency services, for example, calling 9-1-1.

Black Bear Behavior Response Level Response
Black bear sighted engaging in
natural behavior. Such behavior
includes but is not limited to
wandering through neighborhood
streets and yards in search of
food, swimming/drinking pool
water, vocalizing, and climbing
trees (this behavior is usually
exhibited by cubs).

Level 1 Report is reviewed, and a response
is provided by e-mail or phone. The
City/Agency provides information
on normal black bear behavior and
what to do during a black bear
encounter. The City/Agency helps
the reporter identify potential
attractants, ensuring that they are
removed as soon as possible.

Black bear sighted and causing a
“nuisance.” Such behavior
includes but is not limited to
rummaging through trash,
conflict with outdoor pets, and
lingering in neighborhood2.

Level 2 The City/Agency executes the
response outlined for a Level 1
situation. If the sighting takes place
in a city where bear sightings have
not historically been reported, the
City/Agency will alert nearby
residents of the bear’s presence. If
nearby residents are part of the
Wildlife Watch program,
participants should help canvas the
neighborhood for bear attractants.

Black bear sighted and causing
property damage to structures,
vehicles, landscaping, etc.

Level 3 The City/Agency executes the
response outlined for a Level 2
situation. In addition, residents can
request an investigation for a
potential depredation permit3from
CDFW.
(continued on following page)
3 A Depredation Permit is a legal document obtained by a homeowner or tenant from CDFW that enables residents to address (within the bounds of the permit) a predator that has caused property damage, or has injured or killed livestock, poultry, or pets. A CDFW biologist will assess the situation before providing a depredation permit.

Picture/video evidence of the animal’s behavior is not required but is extremely helpful in determining the necessity of a depredation permit. Once a depredation permit is issued, residents are responsible for hiring a licensed agency to address the situation as allowed by the permit.
2 This is relative to what is typical for the city/the resident’s community. For example, communities that are within close proximity to natural areas, such as foothill communities near the San Gabriel Mountains, can expect bears to be spotted more frequently and for longer periods of time.

Page 26 ends

Item #11. Page 67
Meeting Date: 8/22/2023 / Packet Page #: 305
Black Bear Behavior Response Level Response
Black bear engages in physical
contact with a human (bite or
scratch).

Level 4 The City/Agency executes the
response outlined for a Level 3
situation. In addition, CDFW and
local law enforcement collaborate
to collect DNA evidence and
euthanize bear responsible.

Page 27 ends

Item #11. Page 68
Meeting Date: 8/22/2023 / Packet Page #: 306
APPENDIX F: SAMPLE ORDINANCES TO PROHIBIT THE FEEDING OF WILDLIFE

ORDINANCE FOR THE CITY OF DAVIS, CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DAVIS ADDING ARTICLE 5.05 TO CHAPTER 5 OF THE DAVIS MUNICIPAL CODE TO PROHIBIT THE FEEDING OF

CERTAIN WILDLIFE
WHEREAS, the City of Davis (“City”) is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety and welfare within the City; and WHEREAS, the feeding of wildlife can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wildlife can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors of the City; and WHEREAS, feeding wildlife can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to and conflict with wildlife; and
WHEREAS, feeding wildlife can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and/ or individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or fur bearing mammal, expressly including intentional acts such as feeding that disrupt the animal’s natural foraging behavior; and WHEREAS, an ordinance prohibiting the intentional and negligent feeding of certain types of wildlife, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildlife in the City, is consistent with the City’s long-standing commitment to protect and conserve biological resources and public safety.

NOW, THEREFORE, the City Council of the City of Davis does ordain as follows:

SECTION 1. Recitals. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance.

SECTION 2. Amendment. Chapter 5 (“Animals and Fowl”) of the City of Davis Municipal Code is hereby amended to add Article 5.05, to read in full as set forth in the attached Exhibit “A”, incorporated by this reference.

Page 28 ends

Item #11. Page 69
Meeting Date: 8/22/2023 / Packet Page #: 307
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in the physical change to the environment, directly or indirectly.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 5. Publishing. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law.

SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.

INTRODUCED on the ____ day of _____________________, 2018 and PASSED AND ADOPTED by the City Council of the City of Davis on the ____ day of ______________, 2018 by the following vote:

EXHIBIT “A”
CHAPTER 5, ANIMALS AND FOWL
ARTICLE 5.05, FEEDING OF CERTAIN WILDLIFE

5.05.010 Purpose
Feeding of wildlife is both detrimental to wildlife health and causes a public health nuisance and safety hazard that negatively impacts public health and welfare.

This article is intended to prohibit, with exceptions, the feeding of certain wildlife within the City of Davis so as to protect public and environmental health, safety and welfare, and to prescribe penalties for failure to comply.

5.05.020 Definitions
For purposes of this article, the following definitions shall apply:

Page 29 ends

Item #11. Page 70
Meeting Date: 8/22/2023 / Packet Page #: 308
“Feed” means to give, distribute, place, expose, deposit, or scatter any edible material with the intention of feeding, attracting, or enticing wildlife. Feeding does not include baiting in the permitted and legal take or depredation of wildlife in accordance with federal, state and local law. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. “Wildlife” means only coyotes, wild turkeys, foxes, skunks, raccoons, opossums, squirrels, ducks, geese, crows, and gulls.

5.05.030 Feeding of Wildlife Prohibited
a. No person shall purposely or knowingly feed wildlife in the City of Davis, on lands either publicly or privately owned.
b. No person shall leave or store any refuse, garbage, pet food, seed or bird seed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife. c. No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard bird feeders or any other similar food source or attractant, after being advised by a City of Davis code compliance administrator to undertake such remedial action.

5.05.040 Exceptions
The prohibitions in Section 5.05.030 do not apply to:
a. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlife as defined in this article.
b. Feeding of birds outdoors on private residential properties using bird feeders, to the extent authorized by law and subject to the following requirements:

1. Bird feeders shall be placed at least five (5) feet above the ground and shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wildlife.

2. The feeding shall not substantially interfere with the rights of surrounding property owners or render other persons insecure in the use of their property.

3. No person shall allow, permit or maintain an accumulation of feces on the property or surrounding properties so as to create a public nuisance.

4. The area below the feeders must be kept clean and free of seed.

Page 30 ends

Item #11. Page 71
Meeting Date: 8/22/2023 / Packet Page #: 309

5. No person shall knowingly allow or permit bird feeders to become an attractant for rodents or other wildlife other than birds. Notwithstanding this exception, feeding of wild turkeys is expressly prohibited.
c. Any State or local employee or agent authorized to implement a wildlife management program involving baiting, or any other person or business lawfully authorized to bait and trap wildlife pursuant to State law.
d. Any person who is the legal owner or guardian of a wildlife species maintained and confined under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, and in compliance with all applicable laws. e. A wildlife rehabilitator, under a valid license or permit issued by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, who is temporarily caring for sick, injured, or orphaned wildlife in compliance with all applicable laws. f. Any person who feeds trapped, injured, or orphaned wildlife between the times that a wildlife rehabilitator or agency charged with animal control is notified and the animal is picked up.

Any person that discovers such trapped, injured, or orphaned wildlife must immediately notify an authorized animal control agency, and no person may intentionally keep such wildlife beyond the time reasonably necessary for animal control services to access and transport the wildlife.
g. Baiting, for the purpose of trapping, feral cats as part of a Yolo SPCA approved Trap-Neuter-Release program.
h. Any property owner baiting, for the purpose of trapping, wildlife on their property authorized by and in accordance with State law, including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels, skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.

5.05.050 Enforcement
In addition to all other available remedies at law, this article may be enforceable through the use of the administrative citation procedures set forth in Davis Municipal Code Chapter 1, Article 1.02.

Page 31 ends

Item #11. Page 72
Meeting Date: 8/22/2023 / Packet Page #: 310

ORDINANCE FOR THE CITY OF AZUSA, CALIFORNIA
ORDINANCE NO. 2018-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADDING SECTION 46-324 TO THE AZUSA MUNICIPAL

CODE, RELATING TO PROHIBITIONS ON THE FEEDING OF WILD ANIMALS WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, laws that prohibit the feeding of wild animals promote the public health, safety and welfare of the citizens of the City by reducing the possibility that such wild animals will inflict harm on the City’s residents.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:

SECTION 1: Section 46-324 is hereby added to the Azusa Municipal Code to read as follows:
“Sec. 46-324. – Feeding of Wildlife Prohibited.
(a) No person shall feed or in any manner provide food for one or more non domesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral cats.
(b) This section shall not apply to the feeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under valid certificate or permit issued by the state of California Department of Fish and Game or to any fowl or bird species.” SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

Page 32 ends

Item #11. Page 73
Meeting Date: 8/22/2023 / Packet Page #: 311
SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa.

PASSED, APPROVED, AND ADOPTED this 1st day of October, 2018.

Page 33 ends

Item #11. Page 74
Meeting Date: 8/22/2023 / Packet Page #: 312
APPENDIX G: CALIFORNIA AND LOS ANGELES COUNTY CODES REGARDING FEEDING

AND TRAPPING WILDLIFE
CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 251.1. HARASSMENT OF

ANIMALS
Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd, or drive any game nongame bird or mammal or fur bearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal’s normal behavior patterns, which includes, but is not limited to, breeding, feeding, or sheltering.

LOS ANGELES COUNTY CODE TITLE 10. SECTION 10.84.010.

PROVIDING FOOD FOR CERTAIN RODENTS OR PREDATOR ANIMALS PROHIBITED It is unlawful to feed a non-domesticated rodent or non domesticated mammalian predator as defined in this section, unless:
● The person is the owner of the animal and the animal is kept in accordance with the requirements of the State Department of Fish and Wildlife; or ● After notifying the responsible agency to pick up the animal, the person provides food to a trapped or injured animal.

For purposes of this chapter:

1. "Rodent" includes ground squirrels;

2. "Mammalian predators" include coyotes, raccoons, foxes, and opossums.

A violation of this section is a misdemeanor.

LOS ANGELES COUNTY CODE TITLE 10. SECTION 10.84.020

PUBLIC FEEDING OF PEAFOWL PROHIBITED
No person shall feed or make any food or edible thing available to peafowl on or upon any public property, including but not limited to any street, sidewalk, or parkway.

A person may provide food to a trapped or injured peafowl only after notifying the responsible agency to pick up the peafowl.

A violation of this section is a misdemeanor.

CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 465.5(G)(1)

USE OF TRAPS/IMMEDIATE DISPATCH OR RELEASE
All fur bearing and nongame mammals that are legal to trap must be immediately killed or released.

Unless released, trapped animals shall be killed by shooting where local ordinances, landowners, and safety permit. This regulation does not prohibit employees of federal, state, or local government from using chemical euthanasia to dispatch trapped animals.

Page 34 ends

Item #11. Page 75
Meeting Date: 8/22/2023 / Packet Page #: 313
APPENDIX H: SAMPLE ORDINANCE REGARDING TRAPPING WILDLIFE IN THE CITY

OF LOS ANGELES
LOS ANGELES CITY MUNICIPAL CODE CH.5 ARTICLE 3 ANIMALS AND FOWLS SECTION 53.06.3 TRAPPING-PERMIT REQUIRED
(a) No person shall set, or cause to be set, any trap to catch any animal, other than rats, mice, pocket gophers, ground squirrels and moles, without having first obtained a permit therefore from the Department prior to the setting of any such trap.
(b) The Department shall charge and collect for issuance of a permit to trap a coyote a fee of $200.00. (c) The Department shall establish conditions which the applicant for a permit to trap a coyote must satisfy prior to the issuance of any such permit. If the General Manager or the General Manager’s designee determines that the applicant has satisfied the conditions, then the Department shall issue a permit to trap a coyote. The Department shall further ensure that those conditions will be maintained and that the permittee shall inform neighboring residents, located within a distance established by the Department, that coyote trapping will be occurring in their area. (d) No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap, leg hold trap, or any trap or snare that captures an animal other than rats, mice, pocket gophers, ground squirrels and moles, by gripping or snaring any part of the animal including its body, head, neck or limb, or that maims or causes the inhumane death or suffering of any animal. (e) The Department shall promulgate rules and regulations which are reasonably necessary to minimize the suffering of animals trapped in humane traps such as box, culvert or cage traps. These rules and regulations may include the placement of the traps and visitation schedules, identification and contact information for the trap, the type and use of permissible bait, and the treatment of the trapped animals.

Page 35 ends

Item #11. Page 76
Meeting Date: 8/22/2023 / Packet Page #: 314
APPENDIX I: LIST OF SGVCOG MEMBER AGENCIES’ COYOTE MANAGEMENT PLANS ● City of Arcadia: Coyote Management Plan
○ https://www.arcadiaca.gov/Discover%20Arcadia/living/AdoptedCoyoteManagementPla.p df
● City of Glendora: Coyote Management Plan
○ https://www.cityofglendora.org/home/showpublisheddocument/27441/637377737117900 000#:~:text=Glendora's%20strategy%20for%20managing%20coyotes,%2Dexistence%20 with%20coyotes%3B%202.
● City of Montebello: Coyote Coexistence Plan
○ http://www.projectcoyote.org/wp-content/uploads/2017/07/Montebello_Coexistence_Plan _lo_res.pdf
● City of Pasadena: Urban Wildlife Management Plan
○ http://www.cityofpasadena.net/public-health/wp-content/uploads/sites/32/Urban-WildlifeManagement-Plan.pdf?v=1646161160559 ● City of Rosemead: Coyote Management Plan
○ http://www.cityofrosemead.org/UserFiles/Servers/Server_10034989/File/Gov/City%20D epartments/Public%20Safety/Animal%20Control/Coyote%20Information/Coyote.pdf ● City of San Dimas: Coyote Management Plan
○ https://sandimasca.gov/Document_Center/Residents/Public%20Safety/Coyote%20Inform ation/Attachment-City-of-San-Dimas-Coyote-Management-Plan2-Proposed.pdf ● City of San Gabriel: Coyote Management Plan
○ http://www.sangabrielcity.com/DocumentCenter/View/7844/Coyote-Management-Plan?b idId=
● City of West Covina: Coyote Management Plan
○ https://www.westcovina.org/Home/ShowDocument?id=14526 APPENDIX J: ADDITIONAL RESOURCES AND MANAGEMENT PLANS ON COEXISTING

WITH WILDLIFE
● Guidelines for Living In and Visiting Bear and Mountain Lion Habitat ○ https://www.fs.usda.gov/detail/ltbmu/home/?cid=stelprdb5415822 ● CDFW Keep Me Wild Campaign
○ https://wildlife.ca.gov/Keep-Me-Wild
● City of La Cañada Flintridge Peafowl Management Plan
○ https://drive.google.com/file/d/1xPOFEiD-coxW9svSUMOKcWZuBMlK2b0p/view?usp =sharing
● City of Rancho Palos Verdes Peafowl Management Plan
○ http://www.rpvca.gov/DocumentCenter/View/6903/PEAFOWL-MANAGEMENT-PLAN -AUGUST-4-2015
● City of Pasadena Urban Wildlife Management Plan
○ https://www.cityofpasadena.net/wp-content/uploads/DRAFT-Urban-Wildlife-Managemen t-Plan.pdf

Page 36 ends

Item #11. Page 77
Meeting Date: 8/22/2023 / Packet Page #: 315
Peafowl in the
City of Glendora
Police Department
City Council Meeting
August 22, 2023
Marc Archibald, Support Services Supervisor CityOfGlendora.org Item #11. Page 78
Meeting Date: 8/22/2023 / Packet Page #: 316
2 LEGISLATIVE HISTORY/PREVIOUS ACTIONS
• November 2004: Ordinance to prohibit the feeding of wildlife was proposed
‒ Proposal was specifically amended to include peacocks in the prohibition
• December 2004: Ordinance to prohibit the feeding of wildlife was approved (including peacocks)
‒ Added as Chapter 8.16 of the Glendora Municipal Code
‒ Feeding of certain wildlife is an infraction, punishable by a fine Item #11. Page 79
Meeting Date: 8/22/2023 / Packet Page #: 317
3 LEGISLATIVE HISTORY/PREVIOUS ACTIONS
• November 2022
‒ Signs installed to inform community that
feeding of peacocks is prohibited
‒ Generally located from Vermont and
Sierra Madre on the west, to Live Oak
and Huerta Verde on the east
Item #11. Page 80
Meeting Date: 8/22/2023 / Packet Page #: 318
4 LEGISLATIVE HISTORY/PREVIOUS ACTIONS
• June 2021: Los Angeles County outlaws feeding of peafowl ‒ Misdemeanor, punishable by a $1,000 fine
‒ Glendora: infraction unless there are three prior violations, making the fourth violation a misdemeanor punishable by a fine up to $1,000
Item #11. Page 81
Meeting Date: 8/22/2023 / Packet Page #: 319
5 CURRENT APPROACH
• City does not actively engage in a peafowl management plan ‒ No proactive measures
‒ Do not remove peafowl
• Historically focused on prohibition on feeding
• Work with IVHS on education efforts to limit unwanted interactions • SGVCOG Wildlife Management Framework
‒ Focus on co-existing with wildlife
‒ Adopted by the City in 2021
Item #11. Page 82
Meeting Date: 8/22/2023 / Packet Page #: 320
6 CURRENT APPROACH
SGVCOG Wildlife Management Framework
https://www.cityofglendora.org/residents/coyotes-other-wildlife-533 Item #11. Page 83
Meeting Date: 8/22/2023 / Packet Page #: 321
7 CURRENT APPROACH
SGVCOG Wildlife Management Framework
• Peafowl defined as feral domestic animals
• GMC defines peafowl as non-domestic
feral animals
• Includes:
• A “do & don’t” list
• Listing of plants peafowl will avoid
eating
• Appendix with additional knowledge on
peafowl interactions
Item #11. Page 84
Meeting Date: 8/22/2023 / Packet Page #: 322
8 PEAFOWL CENSUS
• IVHS engaged to conduct a census
‒ Focused on those areas where commonly found (observed and calls for service)
Item #11. Page 85
Meeting Date: 8/22/2023 / Packet Page #: 323
9 PEAFOWL CENSUS
• Census conducted between June 29, 2023 and July 8, 2023 ‒ Vehicle patrols in the identified area; did not enter private property or areas not accessible to the general public
‒ 11 counts
‒ Varied times of day (8:50am to 9:00pm)
‒ Number of peacocks observed: 0-14
‒ 71* total peafowl counted
Item #11. Page 86
Meeting Date: 8/22/2023 / Packet Page #: 324
10 SECONDARY PEAFOWL CENSUS
• Secondary census can be conducted in January 2024 by IVHS ‒ Citywide effort
‒ Would occur during traditional canvassing program
o Part of pet licensing program
‒ Additional community engagement
‒ Presence of peafowl
‒ Frequency of destructive/disturbing peafowl behavior
Item #11. Page 87
Meeting Date: 8/22/2023 / Packet Page #: 325
11 CITY’S GUIDING PRINCIPALS
• Human safety is a priority in managing human-wildlife interactions. • Wildlife serves an important role in Glendora ’s ecosystems. • Preventive practices are crucial to minimizing potential interactions and encounters with wildlife.
• Solutions for wildlife conflicts must address both problematic wildlife behaviors and the human behaviors that invite them.
• Non-selective wildlife removal programs are ineffective for reducing wildlife population sizes or preventing human-wildlife conflicts in the long run.
• Regionwide programs that involve residents can improve coexistence among humans, wildlife, and pets.

Item #11. Page 88
Meeting Date: 8/22/2023 / Packet Page #: 326
12 DISCUSSION
• GMC § 8.04.010(a) prohibits the keeping of any animals unless they are specifically permitted under GMC § 8.04.020.
• Peacocks are defined as feral non-domestic animals and may not be kept on private property.
• The feeding of peacocks on public or private property is prohibited unless the animal is injured and is being fed in between the time it is discovered on the property and transported for veterinary care.

Item #11. Page 89
Meeting Date: 8/22/2023 / Packet Page #: 327
13 DISCUSSION
Calls for Service
• GPD
‒ In the past 12 months, 12 calls for service relating to peafowl ‒ Eight of the calls related to complaints between a few community members.
• IVHS
‒ Between January 1, 2023 and June 6, 2023, three calls relating to peafowl
Item #11. Page 90
Meeting Date: 8/22/2023 / Packet Page #: 328
14 OTHER CITIES’ PEAFOWL MANAGEMENT PLAN
• La Cañada Flintridge
• Rancho Palos Verdes
• South Pasadena
Item #11. Page 91
Meeting Date: 8/22/2023 / Packet Page #: 329
15 OTHER CITIES’ PEAFOWL MANAGEMENT PLAN
La Cañada Flintridge
• Focus on limiting population through trapping and removal • Annual census is conducted
• Population maintained at a total of 9 peafowl
‒ Two males and seven females
Item #11. Page 92
Meeting Date: 8/22/2023 / Packet Page #: 330
16 OTHER CITIES’ PEAFOWL MANAGEMENT PLAN
Rancho Palos Verdes
• Adopted initial plan in 2015 to humanely manage peafowl population • Since 2015, 589 peafowl have been trapped and relocated • 2022 Census Report identified a total of 140 birds throughout six neighborhoods
• Trapping program paused for the current season
Item #11. Page 93
Meeting Date: 8/22/2023 / Packet Page #: 331
17 OTHER CITIES’ PEAFOWL MANAGEMENT PLAN
South Pasadena
• Program is designed to keep population at zero
• Focus of program is community education
‒ Social media
‒ City website
• Census conducted annually to measure success of current efforts, and plan trapping activities
‒ Residents volunteer to allow traps on their property
‒ Trapping season: October through February
Item #11. Page 94
Meeting Date: 8/22/2023 / Packet Page #: 332
18 HUMANE TRAPPING
Raptor Events, LLC
• Contracted by cities to humanely trap and relocate peafowl • Peafowl traps are a 10’ x 12’ chain-link fenced enclosure that provides food and water
• Vendor will respond with a 24-hour pick-up service when notified • Peafowl relocated to one of several sanctuaries throughout Southern California
Item #11. Page 95
Meeting Date: 8/22/2023 / Packet Page #: 333
19 HUMANE TRAPPING
Raptor Events, LLC
• Services provided at a cost of $250 per bird
• Requires the assistance of area residents
‒ Place traps on property
‒ Helps reduce incidences of vandalism and damages
‒ Residents would be required to enter into an Access Agreement to limit liability
Item #11. Page 96
Meeting Date: 8/22/2023 / Packet Page #: 334
20 HUMANE TRAPPING
• GMC does not prohibit trapping of peafowl by private community members
‒ Must adhere to Department of Fish and Game standards
‒ Traps acquired through a licensed vendor
‒ Traps must be serviced within 24 hours
‒ Residents would need to engage the services of a licensed vendor to humanely relocate the peafowl
Item #11. Page 97
Meeting Date: 8/22/2023 / Packet Page #: 335
21 OPTIONS FOR CITY COUNCIL CONSIDERATION

1. Continue to provide a community education-only approach. Specifically, this approach would leverage the City’s partnerships with IVHS and the SGVCOG to provide more robust public education.

2. Consider a reduction in peafowl pride size, based on a population count and a maleto-female ratio determined by the Council. Peafowl are polygynous, meaning that a dominant male will mate with several females in a season. Therefore, a partial removal would not destroy a pride. This option would require the City Council to adopt a policy on the number of peafowl that should exist in the City. Further, that population should consider the geographic location with considering how many birds should be allowed in each neighborhood. Staff could not locate any guidance on the number of peafowl that should be considered in this option. All the city’s survey use a different methodology that is unique to their community.

Item #11. Page 98
Meeting Date: 8/22/2023 / Packet Page #: 336
22 OPTIONS FOR CITY COUNCIL CONSIDERATION

3. Completely remove all peafowl within the City of Glendora using the services of an outside vendor.

4. Request the City staff return with additional information or options subject to City Council discussion.

Item #11. Page 99
Meeting Date: 8/22/2023 / Packet Page #: 337
23 RECOMMENDATIONS
That the City Council:

1. Receive and file the report; and,

2. Provide direction to staff for any actionable items.

Item #11. Page 100
Meeting Date: 8/22/2023 / Packet Page #: 338

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: AUGUST 22, 2023
FROM: CITY MANAGER DISTRICT(S): CITYWIDE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL ADOPTING A POSITION OF ANTI-HATE (BOYER

AND THOMPSON)

RECOMMENDATION
That the City Council:

1. Discuss the proposed anti-hate statement developed by Mayor Boyer, Mayor Pro Tempore Thompson, and City Staff; and

2. Adopt a Resolution of the City Council, adopting the proposed position on anti-hate.

EXECUTIVE SUMMARY
On a regular basis, the City of Glendora receives requests from individuals, groups, and organizations requesting the City to formally recognize various celebrations, remembrances, events, initiatives, etc. through the issuance of proclamations, resolutions and issuance of certificates.

Over the past several months the City has received requests from a wide variety of groups for the City to join and/or recognize efforts to highlight hate against certain groups and bring attention to the increase of hate crimes in California.

At the July 11, 2023 City Council meeting, Mayor Boyer and Mayor Pro Tempore Thompson requested an item on the development of an anti-hate statement. The draft statement (Attachment B, Exhibit A of Resolution), would serve as the City’s official anti-hate statement.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On March 22, 2022, the City Council adopted an administrative policy for the adoption of proclamations.

The discussion also summarized other City Council recognitions, including certificates of recognition, memorial trees, Medal of Merit, Eagle Scout Recognition, etc. (Attachment C).

At the July 11, 2023 City Council meeting, Mayor Boyer and Mayor Pro Tempore requested an item on the development of an anti-hate statement.

DISCUSSION
Per the City’s Administrative Policy on Proclamations (Attachment C), “The purpose of this policy is to establish guidelines for the issuance of proclamations, which is a ceremonial document of appreciation and/or recognition. Proclamations are strictly honorary and do not carry any legislative or legal value, nor do they constitute an endorsement by the City of Glendora or the Glendora City Council.” It should be noted that certifications of recognition are also strictly honorary.

Given the frequent requests from various individuals and groups on this issue, Mayor Boyer and Mayor Pro Tempore Thompson sought to develop an anti-hate statement. The proposed statement would recognize the City’s official stance on hate crimes and anti-hate related initiatives, while serving as a public declaration as opposed to an honorary designation.

Item #12. Page 1
Meeting Date: 8/22/2023 / Packet Page #: 339
Staff Report Page 2 of 2
Given the increased level of requests for the City to join and/or recognize various efforts on hate crimes / anti-hate related initiatives, the proposed statement would allow the City to respond with its official position without omitting or inadvertently leaving out important causes and efforts.

In concert with Mayor Boyer and Mayor Pro Tempore Thompson, City staff recommends the City Council discuss the proposed anti-hate statement and consider adopting a resolution to formalize it as the City’s official position.

FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.

ENVIRONMENTAL DETERMINATION
There is no environmental impact associated with this report.

Prepared By Adam Raymond, City Manager
Concurs With Gary Boyer, Mayor
Mendell Thompson, Mayor Pro Tempore
Reviewed By Not Applicable
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution of Anti-Hate
B. Anti-Hate Statement (Exhibit A of Resolution)
C. Proclamation Administrative Policy
Item #12. Page 2
Meeting Date: 8/22/2023 / Packet Page #: 340
RESOLUTION CC 2023-____

A RESOLUTION OF THE CITY COUNCIL ADOPTING A POSITION

STATEMENT ON ANTI-HATE

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora, and the citizens therein are bound together in historical communion, through time, geography and by shared values, and are equal in shared dignity; and, WHEREAS, Glendora today remains the quintessential community and at its best embodies what is possible when civic minded people work in friendship, trust, and mutual respect; and is consistently placed on top 10 listings throughout the San Gabriel Valley and Southern California; Boasts award winning schools and an exceptional business environment; and, WHEREAS, the success of Glendora's tomorrow will rely on harnessing the power, talent and skills of all its residents'; and,
WHEREAS, we denounce hate; hate, in all of its forms, tears at the very fabric of our society.

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

SECTION 1. The City Council hereby adopts the Anti-Hate Statement attached hereto and incorporated herein as Exhibit “A.”
SECTION 2. The City Clerk shall certify the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this _____ day of August, 2023.

City Council of Glendora, CA
BY:

GARY BOYER
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #12. Page 3
Meeting Date: 8/22/2023 / Packet Page #: 341
Resolution CC 2023-_____ Page 2 of 2

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #12. Page 4
Meeting Date: 8/22/2023 / Packet Page #: 342
City of Glendora Anti-Hate Statement
Exhibit “A”
In a world filled with varying cultures, beliefs, and perspectives, it is crucial that we stand together as advocates of mutual respect, acceptance, and understanding. For that reason the City of Glendora adopts a position of anti-hate.

Hate, in all of its forms, tears at the very fabric of our society. It breeds divisiveness, discrimination, and injustice, leaving scars that may take generations to heal. We cannot afford to let hatred guide our actions and shape our future.

Being anti-hate means rejecting prejudice and bias in all their manifestations. It means embracing empathy, compassion, and respect for every individual or group, regardless of race, religion, gender, or any other characteristic that makes them unique.

When we choose respect over hate, we contribute to a world where everyone feels valued and celebrated for who they are. We build bridges that connect us, fostering an environment where everyone is cherished.

By taking a stand against hate of all kinds, we join others who agree to be welcoming to all. We challenge stereotypes, break down barriers, and create safe spaces for meaningful dialogue. It is through these conversations that we gain new perspectives, broaden our horizons, and cultivate a society in which we can live, work, and play together, made stronger by our differences.

Let us remember that we are all interconnected by our shared ability to dream, and to aspire. Our differences should be celebrated as sources of strength, innovation, and progress. Together, we can build a future that embraces the beauty of all and leaves no room for hate to thrive.

Through our collective efforts, we can create a world where tolerance and understanding prevail.

Item #12. Page 5
Meeting Date: 8/22/2023 / Packet Page #: 343
POLICY NO:

CC Policy No. <<XXXX>>
ORIGINATING DEPT:

City Manager Department

PROCLAMATIONS
Reference:

City Council Policy
SUPERSEDES:

NA
NEW EFFECTIVE DATE:
<< date new policy is effective>> PAGE 1 of 4
APPROVED BY:

CC approved resolution No 2022-XX
Prepared by: City Manager’s Office Page 1 of 4
I. Policy Objective:

The purpose of this policy is to establish guidelines for the issuance of proclamations, which is a ceremonial document of appreciation and/or recognition. Proclamations are strictly honorary and do not carry any legislative or legal value, nor do they necessarily reflect the viewpoints of each individual Councilmember.

II. Authority:

City Council Policies
III. Assigned Responsibility:

Requests should be submitted to the City, through the City Clerk’s Office, for routing to the City Manager for review consistent with this policy and to the Mayor and Mayor Pro Tempore for final approval. In the absence of the City Manager or Mayor, the Assistant City Manager and Mayor Pro Tempore shall assume these responsibilities.

IV. Policy/Procedure:

A. Recognition:

The City of Glendora will consider a request for this recognition from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Glendora.

B. General Criteria:

The City of Glendora will consider a request for a proclamation from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Glendora. All requests are subject to approval by and prepared on behalf of the Mayor and the Mayor Pro Tempore.

Proclamations may be issued for the following (not an exhaustive list):
 Civic celebrations;
 Celebration of City employee/departments;
 Organizations contributing to the economic development of the City; Item #12. Page 6
Meeting Date: 8/22/2023 / Packet Page #: 344
Proclamation Policy – effective date

Page 2 of 4 ends

 Issues with widespread community interest, with a primary emphasis on requests in support of City Council’s goals and objectives;
 Significant community-based events;
 Significant anniversaries of City of Glendora based institutions, corporations, community partners, and non-profit organizations that are active in the community; or  Fundraisers benefiting the citizens of Glendora.

Recognition will not be issued for any of the following:
 Events or organizations with no direct relationship to the City of Glendora;  Political campaigns of any kind;
 Events contrary to city policies and applicable law and regulations; or  Matters of political controversy, ideological or religious beliefs, or individual conviction(s).  Retirements with the exception of the City of Glendora employees, elected or appointed officials, and volunteers.

C. Submitting Requests:

To start the proclamation request process, an individual or organization must first submit a request online. A request can be submitted through the City Clerks webpage at www.CityofGlendora.org/proclmations. Requests received will be administered by the offices of the City Manager and the City Clerk, and be presented to the Mayor and Mayor Pro Tempore for approval.

Pursuant to the online form, all requests must include the name and daytime phone number of the contact person. Submitting draft language with your request of the proclamation will expedite the process considerably.

A brief history of the organization or a description of the purpose, goals, motto or theme of the event are required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, is needed, including dates and times.

All requests must specify whether the proclamation should be mailed, held for pick-up, or presented at a special event or City Council meeting. Proclamations may be presented at special events pending the availability of the Mayor, his/her designee, or other city officials to honor such requests. Presentation at a specific City Council meeting must be approved in advance by the City Manager or his/her designee.

All requests must be received at least thirty (30) business days prior to the requested date.

Submission of a request does not guarantee the issuance of a proclamation. All requests will go through an internal review and approval process. The Mayor and Mayor Pro Tempore, in consultation with the City Manager’s Office, reserve the right to determine the appropriateness of the proclamation based on the information provided by the requesting individual and/or organization. Additionally, the City reserves the right to modify language and shorten the proclamation as necessary.

The City Clerk will finalize the proper recognition document, including the Mayor’s signature and other signatures, as appropriate.

Item #12. Page 7
Meeting Date: 8/22/2023 / Packet Page #: 345
Proclamation Policy – effective date

Page 3 of 4 ends

VI. History:

Proclamations build upon a robust community recognition program the City already has in place. A summary of other recommendations are noted below:

TYPE DESCRIPTION PROCESS POLICY
Medal of
Merit
Approved medal recognizes
individuals for their exceptional
service to the community.

Requests are submitted to the
City, through the City Manager’s
Office, for routing to the current
sitting Mayor and Mayor Pro
Tempore at that time for
consideration and “unanimous”
approval.

Admin
Policy #

1.45 Certification
of
Recognition
Certificate endorsed by the City
Council documents the City’s official
recognition to an individual who has
provided a service to the community
or achieved a level of personal
success.

Recommendations are received
by City Council and City staff.

Generally, recognitions are
presented during the City
Council’s quarterly award
ceremony, but are utilized at
other special events, such as a
Veteran’s Day Celebration
n/a
Eagle Scout
Recognition
Certificate that includes the watermark
of the Boy Scout emblem celebrating
the achievement (no certification of
recognition exists for Girl Scout Gold
designation – recipients receive a
Certificate of Recognition)
City, through the City Manager’s
Office, receives a request for a
City Council representative to
attend their Eagle Court of Honor
and present certificate.
n/a
Walnut
Plaque
Typically presented to the outgoing
Mayor once their term has ended.

City Manager’s Office ensures
outgoing Mayors are provided
with the walnut plaque.
n/a
City Tile
Plate
Often referred to as the “Hot Plate”,
this award is presented to the “Citizen
of the Year,” City employees upon
retirement, and other special events
(e.g. Sister City 20-year celebration).

Department Directors work with
the City Manager’s Office on
Retirements. Chamber of
Commerce works with the City
Manager’s Office on the Citizen
of the Year. Other requests are
reviewed by the City Manager’s
Office.
n/a
Mayor’s Tile
Historically, the Mayor’s tile is a 4x4
pewter tile that each Mayor designs to
highlight community areas important
to them.

Mayors are free to give the
pewter tiles to any individuals
they choose to celebrate their
Mayorship.
n/a
Item #12. Page 8
Meeting Date: 8/22/2023 / Packet Page #: 346
Proclamation Policy – effective date

Page 4 of 4 ends

Street
Banner
Promotion of community-wide
interest on Southern California Edison
streetlight poles on Route 66, Grand
Avenue, Sierra Madre Ave. and other
areas, as approved.

Pursuant to an agreement with
Southern California Edison, City
Manager’s Office approves
requests.

Admin
Policy #

1.34 Naming City
Property /
Plaque
Acknowledges that naming a facility
or placing a plaque on City property
recognizing an individual and/or
group, represents the highest form of
recognition that a community can
bestow or permit.

City Council is responsible for
approving any request, subject to
several qualifications and review
of other approval bodies (e.g.

Community Services
Commission).

Admin
Policy #

1.36 Street
Naming
Acknowledges that the naming of a
street should recognize a person,
place, event or thing related to the
City and citizens at the time a new
street is created within the City. This
is one of the higher forms of
recognition bestowed by a
community.

The City is considered “built out”
and this process is generally no
longer utilized.

Admin
Policy #

1.37 Memorial
Plaques
The naming of a facility or placement
of memorial plaque on City property,
recognizing an individual or group.

This is the highest form of recognition
that a community can bestow or
permit.

City Council is responsible for
approving any request, subject to
several qualifications and review
of other approval bodies (e.g.

Community Services
Commission).

Community
Services
Policy #

4.07 Memorial
Trees
The City offers a memorial tree
planting program. Trees are available
for purchase based on the City’s
contract price for 24” box size. The
tree is planted at a site where a tree is
needed. A 5”x7” plaque is given to the
applicant to document the occasion;
no plaque or marker is installed at tree
site.

City, through the Community
Services Department, receives
request and approves a location
of tree, type of tree and then
orders plaque for requestor.

City’s tree contractor or City staff
plants memorial tree.
n/a
Item #12. Page 9
Meeting Date: 8/22/2023 / Packet Page #: 347

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: AUGUST 22, 2023
FROM: PUBLIC WORKS DISTRICT(S): 3
SUBJECT: AWARD THE CONTRACT FOR FINKBINER PARK PHASE II, PLAN NO. 1365-2, TO DD SYSTEMS, INC., IN THE AMOUNT OF $1,044,717.96 (STRATEGIC GOAL 5)

RECOMMENDATION
That the City Council:

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

2. Award the contract for Finkbiner Park Improvements – Phase 2, Plan No. 1365-2, to DD Systems, Inc. in the amount of $1,044,717.96;

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

4. Authorize the City Manager or his designee to execute the agreement with DD Systems, Inc., including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
The City Council previously approved amending the Capital Improvement Program (CIP) to include a project comprehensively renovating the Finkbiner Park playground, restrooms, and tennis court areas, including conversion of one tennis court to four pickleball courts. This project (# 22658201) was bid in two (2) phases. Phase I was completed in May 2023, which included renovation of the restroom building and both tennis and pickleball improvements.

Phase II also encompasses a wide range of improvements with the construction and renovation of the playground and surrounding areas. This includes resurfacing the existing parking lot, the area of Minnesota Avenue along the courts and the alley north of the courts. Additionally, removing and replacing concrete walkways, replacing curbs, and replacing the shredded rubber in the playground area and surrounding perimeter, along with the construction of ADA compliant curb ramps, landscape and irrigation modifications, and an upgrade of electrical panel at Finkbiner Park for increased safety and reliability.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On February 8, 2022, the City Council approved amending the Capital Improvement Program to include the Project, and appropriated $1,508,650 from Measure E Fund 103 for design and construction. Willdan was awarded the design contract as a task order under their On-Call Professional Services Agreement and issued a notice to proceed with design in July 2022.

On February 28, 2023, Phase I of the Finkbiner Park Tennis and Pickleball Court Improvements was awarded to NOHO Constructors. Construction began in March 2023 and concluded in May 2023.

DISCUSSION
An invitation for construction bids was released in QuestCDN and closed on June 8, 2023. Thirty-six (36) plan holders reviewed bid packages, and seven (7) submitted bid proposals. All received bids were Item #13. Page 1
Meeting Date: 8/22/2023 / Packet Page #: 348
Staff Report Page 2 of 3
deemed responsive to the contract requirements and ranged from $1,044,718.94 to $1,399,945.00.

DD Systems, Inc. was the lowest bidder.

Bidder Total Bid
Amount
DD Systems, Inc. $1,044,718.96
NoHo Constructors $1,063,127.00
ABNY General Engineering $1,144,198.00
KASA Construction, Inc. $1,188,839.00
Wright Construction $1,218,041.50
Access Pacific, Inc. $1,264,245.72
G2K Construction, Inc. $1,399,945.00
Phase II of the Finkbiner improvements includes the following components:

1. Playground Renovation: Remove and replace the existing playground equipment, including the shredded rubber surface, to ensure a safer and more engaging play area for children.

Additionally, staff is currently evaluating the replacement of the existing equipment, with a larger apparatus that includes more options for all ability levels. If new equipment is determined to be necessary, staff will return to Council for that purchase – this contract will allow for the new equipment to be installed.

2. Resurfacing and Reconstruction: Resurface the existing parking lot, the area along Minnesota Avenue near the courts, and the alley north of the courts. Additionally, remove and replace concrete walkways and curbs to improve accessibility and overall appearance.

3. ADA Compliant Elements: Construct ADA-compliant curb ramps to ensure accessible pathways.

4. Landscaping and Irrigation: Modify landscaping elements to enhance the aesthetic appeal of the park and ensure efficient water usage.

5. Electrical Panel Upgrade: Upgrade the electrical panel to improve reliability and capacity for future electrical needs.

The proposed improvements will bring significant benefits to the community and park visitors with improved aesthetics and overall appearance of the park, increased functionality and usability of the park's amenities, enhanced accessibility for individuals with disabilities, and increased reliability through electrical panel upgrades.

FISCAL IMPACT
The Project’s adopted budget is $1,758,650. Phase I was completed for $596,684. Sufficient funds for this respective project (# 22658201) and this phase II bid award of $1,044,717.96 are available in the Measure E fund 103.

Task Budget Expenditures
Measure E Fund 103 $1,758,650
Total Project Budget $1,758,650
Phase I - Complete $596,684
Phase II Bid Award, DD Systems, Inc. $1,044,718
10% Contingency $104,472
Total Estimated Expenditures $1,745,874
Estimated Remaining Budget for Phase 2 $12,776
Item #13. Page 2
Meeting Date: 8/22/2023 / Packet Page #: 349
Staff Report Page 3 of 3

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act provisions pursuant to Section 15301(c). The exemption for Plan 1365 was previously approved by City Council on February 28, 2023.

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

A. Plan Holder List 1365-2
B. Bid Proposal 1365-2
C. Bid Extension
D. Signed Plans and Specs 1365-2
E. Contract Agreement 1365-2
F. Presentation 1365-2
Item #13. Page 3
Meeting Date: 8/22/2023 / Packet Page #: 350

"#$%&'(&)#$
'#*+(&,-
./
0 12+$3#'4"")&5#678
./
0 12+$3#'4"")&5 #6

8
+%)'++9+'$4$3+:
;

<=><?0

3+'$4$3+:@()&5#6A2+$3#'4B#'A 0!
/
0 C DEE.

8 /
0 F?0
DEE.

;
FG
H IJK
.

IJK
?
.

8 !
00

L
M1'#NL$(B
+&+'%"4$5#$O#43 L'P)$+"<= M4)39)2Q5 2):4B422@)3%A)B(#Q =>=<R<S =>=<R< MTU U"#$%2&4$& >+T)3 #( V#9#"#$%&'(&#'% W+$&'4 T#2+P4'3M&3)#")&5 "<=> T'5(+1'++$%&+)$ X'5(+@$##(#$%&'(&#'%B(#Q <><RRWYMTMTU ')Q+T)33+'>+T)3
#( 1BBM4A+'"#$%&'(&)#$ "#BL$( MU4%&U$3P+ #Q#$4"<=R )(4+2M4A+' AQ%4A+'(#'N@4#2B(#Q ==<<==R ')Q+T)33+'>+T)3
#( 4')N#%4Z4$3%(4N+% L$(B M4$&#%
)4:M& L'[)$342+"<=R
4&')()4\'+$4 N4&')()4B'+$4@Q4')N#%4<(4B(#Q <=<= <=<>RR TU ')Q+T)33+'>+T)3
#(

M5%&+Q%L$(B >R]BO#&+^> 12+$3#'4"<=R>
4$$5
4+' 4(+(3==@AQ4)2B(#Q <S<SR <S<S
')Q+T)33+'>=+T)3
#( _M"#$%&'(&)#$L$(B S>M)+''4T#$)&4 Z4$+")$#"<=R 9+(&#'`4P424 +(&#':@a4%4(#$%&'(&)#$B(#Q ==<>SR< ==<>SR< ')Q+T)33+'>=+T)3
#( b+$%+$
'+(4%&L$(B >M4$T+'$4'3)$# P+c#$&4$4"<=S b#$M(#&& *%(#&&@*+$%+$N'+(4%&B(#Q ==<>=<>>MNN2)+'S+T)3 #( W#2&4)'+U$A)$++')$AL$(B >"4QX')3A+WU OU
ZV
M"<=R>
+&+'
+2A43# P#2&4)'+22(>>@AQ4)2B(#Q d==eR>R<>>
')Q+T)33+'S+T)3
#(
#3A+
4&4f$425&)(% MM&4&+9[5 1'4$3
'4)')+g<RSS
4+3')"4P#&# 34+3')B(4P#&#@(#$%&'(&)#$B(#Q SBBS> <R<SS=> 24$O##QS+T)3
#( TYWUZZMUOWL"UM LV"=]''#[9[5M4$
)Q4%"<=RR "9MUT\"_UZU] (4%+@X&(#$%&'(&)#$(#B(#Q <><>SMTU ')Q+T)33+'S+T)3
#( "'#%%&#[$U2+(&')(42f
4&4L$(B S>S>
)4:M&L'[)$342+ "<=R
4P)39++'Q4$(+ 4++'Q4$(+@('#%%&#[$34&4B(#Q <<= MX(#$&'4(&#'S+T)3 #( "#$%&'(&"#$$+(& SU3[4'3%O3 ")$()$$4&)Y9<>S= U')()22% (#$&+$&@(#$%&'(&(#$$+(&B(#Q <><S= <SR<R 24$O##QS+T)3
#( TVh1+$+'42 U$A)$++')$AL$(B L$3)4$MN')$A%
' 12+$3#'4"<=R> M4Q]4X4 %4Q[4X4@4X$5)$(B(#Q <S< ')Q+T)33+'S+T)3
#( 9f91UVUOZ "YVO"YOMLV"B R==
ZWUV\U 9)A24$3"<=> b\VYZWUO Q#$)(4@A()$(B(#Q ==>S=R ==>S= ')Q+T)33+'S+T)3
#( T)3Q+')(4 >SU2QM&'++& '')+&4"<=S #Q 4P)% N24$'##Q@X)34Q+')(4B(#Q =S<R<SS=
24$O##QS>+T)3
#( "BMBZ+A4(5
"#$%&'(&)#$L$( RST'+4"4$5#$O3B MU]42$&"<=R= O)(4'31#$:42+% ')(4'3@(%2+A4(5B$+& ==S= ==<S=<>R WYMT]YMT ')Q+T)33+'S>+T)3
#( Z""#$%&'(&#'%L$( RO)QN4P+M)&+^ "#'#$4"<=R= b4Q+%("#5 +%&)Q4&)$A@Q2((#$%&'(&#'%B(#Q =S=R =SRSR ')Q+T)33+'S>+T)3
#( i+%&"#$%&'(&)#$
4&4 V+&[#'a
YT#jSRM4a#N++ V<SSR= i+%&"
VMNN#'&4$3M42+% %NN#'&@k+%&(3$B(#Q =S<<Y&+'SS+T)3 #( 4')$4Z4$3%(4N+L$(B RR]B14'3+$1'#P+ T2P3Y'4$A+"<= 9+4 +%&)Q4&#'@Q4')$4(#B(#Q R><==<MX(#$&'4(&#'SS+T)3 #(
lmnopqmrstusvqtwnxqyz{|}z|~z~z}l
oostlntvtqssowxlnxs~ {{ z¡~ Item #13. Page 4 Meeting Date: 8/22/2023 / Packet Page #: 351

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`?0,%,M',7%6 /&,)9"6: ;<=B2F :J"$K",N*&&'K !J"$K",@&"K!JD$%W!*)K%&D!%'*)?!*A 54C;2C<;=2=5 54C;5C3;F3C< .&'A"0'--"&3FG45G=3=H"0'-8*! T=R:*)K%&D!%'*)6()!? =BHCBX*,-K'-"8&'M"6 9*D&,a'$$K6: ;<4H34 Q'%*L"&),)-"W !*)%,!%@9=^!*)K%&D!%'*)?!*A B4B;BB<;23C2.&'A"0'--"&3FG4BG=3=H"0'-8*! $$ A"&'!,) K+J,$% C33#2%J7%6:*&*),6: ; <=B5< #-:,&$K*) +DE$'!>*&^K@,$$,A"&'!,),K+J,$%?!*A <F4;5H2;5233 <F4;5H<;C254 .&'A"0'--"&3FG4BG=3=H"0'-8*! X?#?7!JD$%W :*)K%&D!%'*)6()!? 4525`?0,%,M',7%6 /&,)9"6: ;<=B2F :J&'KZJ*A,K !J&'K@&"K!JD$%W!*)K%&D!%'*)?!*A 54C;2C<;=2=5 54C;5C3;F3C< .&'A"0'--"&3FG4BG=3=H"0'-8*! :,$'U*&)',.&*U"KK'*),$ #)9')" 4<32=7,)O*K" M"6Q, .D")%"6: ;<45CB Y,)`9DP") "K%'A,%')9@!+")9')""&')9')!?!*A 2=2B434HHB 2=2;B43;4H== 80#6N0#670#7DE!*)%&,!%*&3FG4<G=3=H"0'-8*! !!"KK.,!'V!()! =BHF7'"&&,T&,)-"7%?6 . 7 8#`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tem #13. Page 5
Meeting Date: 8/22/2023 / Packet Page #: 352
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 10 ends

BID PROPOSAL
WORK IDENTIFICATION: Finkbiner Park Improvements – Phase 2, Plan No. 1365-2.

NAME OF BIDDER:

CA. CONTRACTOR'S LICENSE:

No. Termination Date
PWC REGISTRATION (DIR):

No. City Expiration Date

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

2. Bid
Bidder agrees to construct and complete, ready for use, all work as required and made necessary by the Contract Documents for the sum of One Million Fourt Four Thousands Seven Hundred Seventeen Dollars 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.

DD Systems, Inc.
847907 A, B, C27 10/31/2024
1000019148
Class
10/31/23
Item #13. Page 6
Meeting Date: 8/22/2023 / Packet Page #: 353
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 11 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

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 of work
Name & PWC registration #
20 700,000 A, C27 2/12/23
Name, Address, Phone Number of Owner
895,000 A, C27 6/14/21
675,000 A, B, C27 5/12/20 City of Diamond Bar Claude Bradley 9098397088 Location of work
Addenda #1,2,3,4,5 attached
J&A Structures, Inc Corona Concrete
Azusa Striping
RW Electric, Inc.
1000021790
Electrical
Spectra Turf Inc
1000002615
Corona Play Surfacing
Glendora
PCI Striping
1000813536
City of Diamond Bar, Ryan Wright 9098397061
City of Santa Ana, Mike Ortiz 7146475639
Item #13. Page 7
Meeting Date: 8/22/2023 / Packet Page #: 354
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 12 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 Bid Bond
(c) Unit Price List
(d) General Provisions Section 6-9 Liquidated Damages initialed by the Contractor (e) Other pertinent documents (list here and attach to this bid) Dated this day of , 20___.

IF BIDDER IS:

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

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

Phone No.: ( )
8th June 23
Item #13. Page 8
Meeting Date: 8/22/2023 / Packet Page #: 355
Item #13. Page 9
Meeting Date: 8/22/2023 / Packet Page #: 356
Revised 10/2019
BID PROPOSAL (Part 1)

SECTION III

Page 14 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)
Danny Daher
President DD Systems, Inc.

Item #13. Page 10
Meeting Date: 8/22/2023 / Packet Page #: 357
Revised 01/2021
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 15 ends

Unit Price List
ADDRESS: 147 W. Route 66 #431 Glendora, CA 91740 PHONE NO EMAIL ADDRESS:

CA. CONTRACTOR'S LICENSE:

No. Class Termination Date
PWC REGISTRATION (D.I.R.)
No. City Expiration Date
Item Description Quantity Unit Unit Price Total Price
1 Mobilization and Demobilization 1 LS $ $ 64,259.21
2 Demolition, removal, and earthwork. 1 LS $ $28,820.00 3 Remove and dispose existing handball wall
complete including foundations and soil
replacement backfill.
1 LS $ $2,312.50
4 Implement erosion control measures. 1 LS $ $10,256.25 5 Remove existing tree with 4-inch trunk caliper
complete including roots to 24-inch depth. 1 EA $ $1,250.00 6 Construct PCC curb and gutter per SPPWC
Std. Plan 120-3. 150 LF $ $20,625.00
7 Construct PCC curb per SPPWC Std. Plan
120-3, Type A1-6. 158 LF $87.50 $13,825.00
8 Cold mill existing AC pavement to 2-inch
uniform depth including removal and disposal
of existing pavement fabric.
16,170 SF $ $
9 Construct 2-inch AC pavement overlay. 200 TN $ $
10 Construct 6-inch thick AC (B-PG 64-10)
pavement on 95% relative compacted native
under 2-inch AC overlay.
1,430 SF $ $
11 Remove and dispose existing shredded
rubber chips in existing playground complete
including areas surrounding the playground.

Furnish and install poured-in-place rubberized
surfacing including sub-base preparation and
drainage system construction, complete per
plan and specifications.
1 LS $ $
12 Construct PCC curb ramp per SPPWC Std
Plan 111-5, type per plan. 2 EA $ $
13 Parking lot signing and striping. 1 LS $ $
14 Construct 4-inch thick PCC sidewalk or
pavement with thickened edge on 95%
compacted native.
6,653 SF $ $
WORK IDENTIFICATION: Finkbiner Park Improvements – Phase 2, Plan No. 1365-2.

NAME OF BIDDER: DD Systems, Inc.
626 852 0257
[email protected]
847907 A, B, C27 10/31/24
1000019148 10/31/23
Item #13. Page 11
Meeting Date: 8/22/2023 / Packet Page #: 358
Revised 01/2021
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 16 ends

Item Description Quantity Unit Unit Price Total Price
15 Construct 4-inch thick PCC pavement with
thickened edge around playground area on
95% compacted native.
2,900 SF $ $
16 Remove existing tennis court sport light
assemblies on all poles; and furnish and install
new tennis court sport light assemblies
manufactured by MUSCO on existing poles
complete per plan and specifications including
a complete light control assembly in new
cabinet.
1 LS $ $
17 Remove existing park sport field lighting
electrical service switchboard assembly; and
furnish and install new park sport field lighting
electrical service switchboard assembly
complete per plans and specifications
including NEMA rated stainless steel cabinet.
1 LS $ $
18 Furnish and install prefabricated recycled
plastic bench around existing tree. 6 EA $ $
19 Remove existing bench; and furnish and
install new precast concrete bench with city
logo complete per plans.
2 EA $ $
20 Remove existing trash receptacle; and furnish
and install new precast concrete trash
receptacle with city logo complete per plans.
5 EA $ $
21 Remove existing picnic table, furnish and
install new precast round concrete picnic table
complete per plans.
2 EA $ $
22 Remove existing rack(s) and install new City's
provided bike rack(s). 1 LS $ $
23 Construct PCC stairwell complete per plans
including handrails, contrasting color tape, and
cheek/retaining walls.
1 LS $ $
24 Construct CMU slough wall per SPPWC Std.

Plan No. 622-4, height varies, complete per
plan including footing and French drain.
125 LF $ $
25 Modify, replace and restore existing park turf
area, planting areas and irrigation systems
due to improvement construction and
modifications, complete per plan and
specifications.
1 LS $ $
26 Excavate, remove and construct concrete
drain inlet/catch basin assembly complete
including concrete catch basin, galvanized
steel grate, existing drain pipe removal and
new drain pipe furnishing and connection.
1 EA $ $
27 Furnish and install natural landscape boulders
in retention basin. 5 TON $ $
28 Furnish and install galvanized steel pipe
bollards complete per plan. 9 EA
Item #13. Page 12
Meeting Date: 8/22/2023 / Packet Page #: 359
Revised 01/2021
PROPOSAL (Part 2 - Unit Price List)

SECTION III

Page 17 ends

Item Description Quantity Unit Unit Price Total Price
29 Excavate, remove and construct stormwater
retention basin complete including concrete
header/curb, drain pipe removal, class A
topsoil and cobble riprap spillway.
1 LS
GRAND TOTAL PROJECT BID COST: $ ______________________
In Words
Notes:

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

2. All amounts and totals given in the Bid Schedule will be subject to verification by the Contractor.

In case of variation between the unit cost and amount shown by bidder, the unit cost will be considered to be their bid.

3. The bid prices must reflect the conditions required by all sections of the project specifications, must include all State, Federal, and other taxes applicable to the project, and must be a firm offer for a period of 60 days after the date of bid opening.

4. Acknowledge receipt of all Addenda. The cover sheet of each addendum issued is signed by the Contractor and attached herewith.

5. The undersigned, under penalty of perjury, acknowledges that they are authorized by the bidding Contractor to submit a bid for said Contractor.

It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor’s compensation will be computed upon the basis of the actual quantities in the complete work, whether they be more or less than those shown. (Bidder)
By:
(Signature) (Date)
(Title)
NOTE:

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

DD Systems, Inc.

President
Danny Daher 06/8/23
Item #13. Page 13
Meeting Date: 8/22/2023 / Packet Page #: 360
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 #13. Page 14
Meeting Date: 8/22/2023 / Packet Page #: 361
Item #13. Page 15
Meeting Date: 8/22/2023 / Packet Page #: 362
Item #13. Page 16
Meeting Date: 8/22/2023 / Packet Page #: 363
Item #13. Page 17
Meeting Date: 8/22/2023 / Packet Page #: 364
Item #13. Page 18
Meeting Date: 8/22/2023 / Packet Page #: 365
Item #13. Page 19
Meeting Date: 8/22/2023 / Packet Page #: 366
Item #13. Page 20
Meeting Date: 8/22/2023 / Packet Page #: 367
Item #13. Page 21
Meeting Date: 8/22/2023 / Packet Page #: 368
Item #13. Page 22
Meeting Date: 8/22/2023 / Packet Page #: 369
Item #13. Page 23
Meeting Date: 8/22/2023 / Packet Page #: 370
Item #13. Page 24
Meeting Date: 8/22/2023 / Packet Page #: 371
Item #13. Page 25
Meeting Date: 8/22/2023 / Packet Page #: 372
Item #13. Page 26
Meeting Date: 8/22/2023 / Packet Page #: 373
Item #13. Page 27
Meeting Date: 8/22/2023 / Packet Page #: 374
Item #13. Page 28
Meeting Date: 8/22/2023 / Packet Page #: 375
Item #13. Page 29
Meeting Date: 8/22/2023 / Packet Page #: 376
Item #13. Page 30
Meeting Date: 8/22/2023 / Packet Page #: 377
Item #13. Page 31
Meeting Date: 8/22/2023 / Packet Page #: 378
Item #13. Page 32
Meeting Date: 8/22/2023 / Packet Page #: 379
Item #13. Page 33
Meeting Date: 8/22/2023 / Packet Page #: 380
Section
Title
Line
Item
Item
Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Base Bid $1,044,718.72 $1,063,127.00 $1,144,198.00 $1,188,839.00 $1,218,041.50 $1,264,245.72 1399945 11 Mobilization and demobilization LS 1 $64,259.21 $64,259.21 $90,000.00 $90,000.00 $43,200.00 $43,200.00 $118,000.00 $118,000.00 $100,000.00 $100,000.00 $61,292.04 $61,292.04 $ 70,000.00 $ 70,000.00 22 Demolition, removal, and earthwork LS 1 $28,820.00 $28,820.00 $50,000.00 $50,000.00 $118,000.00 $118,000.00 $84,000.00 $84,000.00 $55,000.00 $55,000.00 $68,647.09 $68,647.09 $ 90,000.00 $ 90,000.0033 Remove and dispose existing handball wall complete including foundations and soil replacement backfill LS 1 $2,312.50 $2,312.50 $2,000.00 $2,000.00 $6,750.00 $6,750.00 $6,500.00 $6,500.00 $25,000.00 $25,000.00 $15,323.01 $15,323.01 12,654.00 $ $ 12,654.00 44 Implement erosion control measures LS 1 $10,256.25 $10,256.25 $9,000.00 $9,000.00 $20,250.00 $20,250.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $15,323.01 $15,323.01 $ 8,373.00 $ 8,373.00 55 Remove existing tree with 4‐inch trunk caliper complete including roots to 24‐inch depth EA 1 $1,250.00 $1,250.00 $500.00 $500.00 $2,700.00 $2,700.00 $1,200.00 $1,200.00 $2,500.00 $2,500.00 $4,596.90 $4,596.90 $ 1,868.00 $ 1,868.0066 Construct PCC curb and gutter per SPPWC Std. Plan 120‐3 LF 150 $137.50 $20,625.00 $120.00 $18,000.00 $85.00 $12,750.00 $55.00 $8,250.00 $130.00 $19,500.00 $76.62 $11,492.26 $ 149.00 $ 22,350.00 77 Construct PCC curb per SPPWC Std. Plan 120‐3, Type A1‐6 LF 158 $87.50 $13,825.00 $120.00 $18,960.00 $65.00 $10,270.00 $48.00 $7,584.00 $100.00 $15,800.00 $53.63 $8,473.63 74.00 $ $ 11,692.0088 Cold mill existing AC pavement to 2‐inch uniform depth including removal and disposal of existing pavement fabric SF 16170 $0.93 $15,005.76 $0.90 $14,553.00 $1.20 $19,404.00 $4.00 $64,680.00 $2.10 $33,957.00 $1.15 $18,582.98 2.30 $ $ 37,191.00 99 Construct 2‐inch AC pavement overlay TN 200 $312.50 $62,500.00 $250.00 $50,000.00 $303.00 $60,600.00 $250.00 $50,000.00 $220.00 $44,000.00 $229.85 $45,969.03 211.00 $ $ 42,200.00 10 10
Construct 6‐inch thick AC (B‐PG 64‐10) pavement on 95% relative compacted native under 2‐ inch AC overlay SF 1430 $5.00 $7,150.00 $10.00 $14,300.00 $13.00 $18,590.00 $16.00 $22,880.00 $10.70 $15,301.00 $6.13 $8,764.76 21.00 $ $ 30,030.00 11 11
Remove and dispose existing shredded rubber chips in existing playground complete including areas surrounding the playground. Furnish and install poured‐in‐place rubberized surfacing including sub‐ba LS 1 $177,272.50 $177,272.50 $150,000.00 $150,000.00 $169,000.00 $169,000.00 $165,000.00 $165,000.00 $142,626.00 $142,626.00 $272,749.60 $272,749.60 180,000.00 $ $ 180,000.00 12 12 Construct PCC curb ramp per SPPWC Std Plan 111‐5, type per plan EA 2 $8,500.00 $17,000.00 $5,000.00 $10,000.00 $3,500.00 $7,000.00 $4,400.00 $8,800.00 $7,500.00 $15,000.00 $6,895.36 $13,790.71 $ 12,400.00 $ 24,800.00 13 13 Parking lot signing and striping LS 1 $4,375.00 $4,375.00 $2,800.00 $2,800.00 $10,000.00 $10,000.00 $3,200.00 $3,200.00 $5,000.00 $5,000.00 $15,323.01 $15,323.01 $ 12,000.00 $ 12,000.0014 14 Construct 4‐inch thick PCC sidewalk or pavement with thickened edge on 95% compacted native SF 6653 $13.75 $91,478.75 $13.00 $86,489.00 $13.00 $86,489.00 $15.00 $99,795.00 $12.50 $83,162.50 $18.39 $122,332.79 22.00 $ $ 146,366.00 15 15
Construct 4‐inch thick PCC pavement with thickened edge around playground area on 95% compacted native SF 2900 $13.75 $39,875.00 $16.00 $46,400.00 $17.55 $50,895.00 $20.00 $58,000.00 $12.50 $36,250.00 $18.39 $53,324.08 22.00 $ $ 63,800.00 16 16
Remove existing tennis court sport light assemblies on all poles; and furnish and install new tennis court sport light assemblies manufactured by MUSCO on existing poles complete per plan and specific LS 1 $128,750.00 $128,750.00 $160,000.00 $160,000.00 $151,000.00 $151,000.00 $75,000.00 $75,000.00 $184,470.00 $184,470.00 $256,966.90 $256,966.90 259,800.00 $ $ 259,800.00 17 17
Remove existing park sport field lighting electrical service switchboard assembly; and furnish and install new park sport field lighting electrical service switchboard assembly complete per plans and LS 1 $128,125.00 $128,125.00 $145,000.00 $145,000.00 $185,000.00 $185,000.00 $155,000.00 $155,000.00 $186,780.00 $186,780.00 $25,742.66 $25,742.66 118,300.00 $ $ 118,300.00 18 18 Furnish and install prefabricated recycled plastic bench around existing tree EA 6 $1,062.50 $6,375.00 $1,550.00 $9,300.00 $1,350.00 $8,100.00 $1,150.00 $6,900.00 $775.00 $4,650.00 $3,064.60 $18,387.61 $ 1,245.00 $ 7,470.00 19 19
Remove existing bench; and furnish and install new precast concrete bench with city logo complete per plans EA 2 $3,000.00 $6,000.00 $2,000.00 $4,000.00 $2,225.00 $4,450.00 $2,000.00 $4,000.00 $2,510.00 $5,020.00 $6,129.20 $12,258.41 3,000.00 $ $ 6,000.00 20 20
Remove existing trash receptacle; and furnish and install new precast concrete trash receptacle with city logo complete per plans EA 5 $3,125.00 $15,625.00 $2,600.00 $13,000.00 $3,000.00 $15,000.00 $2,400.00 $12,000.00 $2,195.00 $10,975.00 $3,830.75 $19,153.76 3,100.00 $ $ 15,500.00 21 21
Remove existing picnic table, furnish and install new precast round concrete picnic table complete per plans EA 2 $4,000.00 $8,000.00 $2,200.00 $4,400.00 $3,100.00 $6,200.00 $3,000.00 $6,000.00 $2,500.00 $5,000.00 $9,193.81 $18,387.61 3,400.00 $ $ 6,800.00 22 22 Remove existing rack(s) and install new City's provided bike rack(s) LS 1 $620.00 $620.00 $200.00 $200.00 $1,400.00 $1,400.00 $650.00 $650.00 $2,200.00 $2,200.00 $1,149.23 $1,149.23 3,796.0 $ 0 $ 3,796.00 23 23
Construct PCC stairwell complete per plans including handrails, contrasting color tape, and cheek/retaining walls LS 1 $16,625.00 $16,625.00 $15,000.00 $15,000.00 $9,000.00 $9,000.00 $40,000.00 $40,000.00 $45,000.00 $45,000.00 $18,387.61 $18,387.61 20,228.00 $ $ 20,228.00 24 24
Construct CMU slough wall per SPPWC Std. Plan No. 622‐4, height varies, complete per plan including footing and French drain LF 125 $193.75 $24,218.75 $285.00 $35,625.00 $280.00 $35,000.00 $285.00 $35,625.00 $150.00 $18,750.00 $229.85 $28,730.65 373.00 $ $ 46,625.00 25 25
Modify, replace and restore existing park turf area, planting areas and irrigation systems due to improvement construction and modifications, complete per plan and specifications LS 1 $15,000.00 $15,000.00 $67,000.00 $67,000.00 $35,000.00 $35,000.00 $97,000.00 $97,000.00 $56,700.00 $56,700.00 $68,953.55 $68,953.55 78,500.00 $ $ 78,500.00 26 26
Excavate, remove and construct concrete drain inlet/catch basin assembly complete including concrete catch basin, galvanized steel grate, existing drain pipe removal and new drain pipe furnishing and EA 1 $75,000.00 $75,000.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $8,000.00 $8,000.00 $35,000.00 $35,000.00 $7,661.51 $7,661.51 37,370.00 $ $ 37,370.00 27 27 Furnish and install natural landscape boulders in retention basin TON 5 $750.00 $3,750.00 $600.00 $3,000.00 $950.00 $4,750.00 $675.00 $3,375.00 $800.00 $4,000.00 $612.92 $3,064.60 $ 884.00 $ 4,420.00 28 28 Furnish and install galvanized steel pipe bollards complete per plan EA 9 $1,875.00 $16,875.00 $1,400.00 $12,600.00 $1,600.00 $14,400.00 $1,600.00 $14,400.00 $1,500.00 $13,500.00 $1,149.23 $10,343.03 1,868.0 $ 0 $ 16,812.00 29 29
Excavate, remove and construct stormwater retention basin complete including concrete header/curb, drain pipe removal, class A topsoil and cobble riprap spillway LS 1 $43,750.00 $43,750.00 $26,000.00 $26,000.00 $33,000.00 $33,000.00 $28,000.00 $28,000.00 $22,900.00 $22,900.00 $39,073.68 $39,073.68 25,000.00 $ $ 25,000.00 Base Bid Total: $1,044,718.96 $1,063,127.00 $1,144,198.00 $1,188,839.00 $1,218,041.50 $1,264,245.72 $ 1,399,945.00 G2K Construction, Inc.

Finkbiner Park Improvements Phase 2 (#8489052)
DD Systems Inc. NoHo Constructors ABNY General Engineering KASA Construction, Inc. Wright Construction Access Pacific Inc Item #13. Page 34
Meeting Date: 8/22/2023 / Packet Page #: 381
Maliha Fatima Ansari, RCE 70424 Date
Approved By:

File No.:

Sheet of
Date:

Scale:

Checked By:

Drawn By:

Engineering
GLENDORA Division

CITY OF
REVISIONS FEBRUARY 2023
No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299

COMPREHENSIVE

INNOVATIVE

TRUSTED
JH
BN
16 VICINITY MAP

NO SCALE
Project Area

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

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

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

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

R Know what's below. Callbefore you dig.
1 SHEET INDEX:
1 T-1 TITLE SHEET
2 D-1 DEMOLITION PLAN
3 EC-1 EROSION CONTROL PLAN
4 C-1 CONSTRUCTION AND LAYOUT PLAN
5 SP-1 PARKING LOT STRIPING PLAN
6 G-1 HORIZONTAL CONTROL, GRADING &

DRAINAGE PLAN
7 G-2 HORIZONTAL CONTROL, GRADING &

DRAINAGE PLAN
8 S-1 SECTIONS AND DETAILS
9 LP-1 LANDSCAPE AND IRRIGATION SYSTEM

MODIFICATION PLAN

CITY OF GLENDORA

CALIFORNIA

FINKBINER PARK IMPROVEMENTS
PHASE 2

CONSTRUCTION PLANS
FOR
FINKBINER PARK IMPROVEMENT-PHASE 2

TITLE SHEET
PLAN NO. T-1
PLAN NO. 1365-2
CITY/AGENCY NOTIFICATION:

UTILITY AND STRUCTURE NOTICE TO CONTRACTOR:

HOLD HARMLESS INDEMNIFICATION CLAUSE:

CITY STANDARD NOTES FOR CONSTRUCTION

ABBREVIATIONS
BENCHMARK:

BASIS OF BEARINGS:
10-11 CD-1 TO CONSTRUCTION DETAILS
CD-2
12 E0.1 PROJECT NOTES, SYMBOL LIST, ELECTRICAL

SPECIFICATIONS & SHEET INDEX
13 E1.0 ELECTRICAL SITE DEMOLITION PLAN
14 E1.1 NEW ELECTRICAL SITE PLAN
15 E2.1 SINGLE DIAGRAM & PANEL SCHEDULE
16 E3.1 TENNIS COURT LIGHT PHOTOMETRIC &

RETROFIT INFORMATION
Item #13. Page 35
Meeting Date: 8/22/2023 / Packet Page #: 382
EXISTING BUILDING Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENT - PHASE 2 DEMOLITION PLAN PLAN NO. D-1 2 PHASE 1 NOT A PART ABCDFE A B B C C C C C H G D B F E E E P PCC CURB TREE P P P G H C P P P PP P R P P PP P P P DEMOLITION GENERAL NOTES ··· DEMOLITION CODE COMPLIANCY P P C P R LEGEND DEMOLITION/REMOVAL NOTES R P P P P TREE CANOPIES RESTRICTIONS Item #13. Page 36 Meeting Date: 8/22/2023 / Packet Page #: 383
Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED TPBR 3 16 FINKBINER PARK IMPROVEMENT - PHASE 2 EROSION CONTROL PLAN PLAN NO. EC-1 TYPICAL SECTION SCALE:1"=2' TYPICAL SECTION SCALE:1"=2' DETAIL D STORM DRAIN INLET PROTECTION FILTER FABRIC DETAIL N.T.S. N.T.S. 1"=10' STABILIZED CONSTRUCTION ENTRANCE/EXIT CONCRETE WASTE MANAGEMENT AREA SCALE:1"=2' SECTION B-B N.T.S. DETAIL E DETAIL F LEGEND EROSION CONSTRUCTION NOTES SEE PLAN NO. S-1 FOR EROSION CONTROL NOTES Item #13. Page 37 Meeting Date: 8/22/2023 / Packet Page #: 384
1 1 1 1 1 1 1 1 1 3 444 5 G 9 G G 1 G G G P 12 11 ·· 1 EXISTING RESTROOM (6) 8 13 1 9 6 10 10 10 2 7 7 2 Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENT - PHASE 2 CONSTRUCTION AND LAYOUT PLAN PLAN NO. C-1 4 PHASE 1 NOT A PART 12345678 DETAIL B - BIORETENTION AREA TYPICAL SECTION N.T.S DETAIL A - STREAMBED COBBLES N.T.S 9 P101112 GENERAL NOTES ······ 13 CONSTRUCTION NOTES (FOR THIS SHEET ONLY) G LEGEND DETAIL C - CATCH BASIN N.T.S SEE PLAN NO G-1 & G-2 FOR HORIZONTAL CONTROL, GRADING AND DRAINAGE PLAN Item #13. Page 38 Meeting Date: 8/22/2023 / Packet Page #: 385
EXISTING BUILDING 90° PARKING STALL DETAILS DETAIL "A" NTS 90° PARKING STALL DETAILS DETAIL "B" NTS DETAIL "C" NTS ACCESSIBLE PARKING STALL DETAIL Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENT - PHASE 2 PARKING LOT STRIPING PLAN PLAN NO. SP-1 5 PHASE 1 NOT A PART Item #13. Page 39 Meeting Date: 8/22/2023 / Packet Page #: 386
CONSTRUCTION NOTES (FOR THIS SHEET ONLY) LEGEND Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED TPBR 16 FINKBINER PARK IMPROVEMENT - PHASE 2 HORIZONTAL CONTROL,GRADING AND DRAINAGE PLAN PLAN NO. G-1 6 MATCH LINE - SEE PLAN NO. G-2 FOR TENNIS & PICKLE BALL COURT IMPROVEMENT SEE PHASE 1 MATCH LINE - SEE PLAN NO. G-2 SD LINE A HORIZ: 1"=5' VERT: 1"=2.5' N MINNESOTA AVE E MEDA AVE SEE PLAN NO. S-1 FOR SECTIONS, DETAILS AND EROSION CONTROL NOTES EXISTING UTILITY NOTES Item #13. Page 40 Meeting Date: 8/22/2023 / Packet Page #: 387
CONSTRUCTION NOTES (FOR THIS SHEET ONLY) LEGEND SIDEWALK POINT TABLE Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED TPBR 16 FINKBINER PARK IMPROVEMENT - PHASE 2 HORIZONTAL CONTROL,GRADING AND DRAINAGE PLAN PLAN NO. G-2 7 MATCH LINE - SEE PLAN NO. G-1 FOR TENNIS & PICKLE BALL COURT IMPROVEMENT SEE PHASE 1 GRADING GENERAL NOTES MATCH LINE - SEE PLAN NO. G-1EXISTING RESTROOM SEE PLAN NO. S-1 FOR SECTIONS, DETAILS AND EROSION CONTROL NOTES DETAIL D 1"=10' Item #13. Page 41 Meeting Date: 8/22/2023 / Packet Page #: 388
CONSTRUCTION NOTES (FOR THIS SHEET ONLY) LEGEND Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED TPBR 8 16 FINKBINER PARK IMPROVEMENT - PHASE 2 SECTIONS AND DETAILS PLAN NO. S-1 SECTION C-C HORIZ: 1"=5' VERT: 1"=2.5' SECTION B-B HORIZ: 1"=5' VERT: 1"=2.5' SECTION A-A HORIZ: 1"=5' VERT: 1"=2.5' EROSION CONTROL NOTES Item #13. Page 42 Meeting Date: 8/22/2023 / Packet Page #: 389
EXISTING RESTROOM Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENTS- PHASE 2 LANDSCAPE AND IRRIGATION SYSTEM MODIFICATION PLAN PLAN NO. LP-1 9 PHASE 1 NOT A PART EXISTING LANDSCAPE/TURF AREAS AND IRRIGATION MODIFICATION NOTESItem #13. Page 43 Meeting Date: 8/22/2023 / Packet Page #: 390
Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENTS- PHASE 2 CONSTRUCTION DETAILS PLAN NO. CD-1 10 ···1 METAL BOLLARD NTS TOOLED JOINT EXPANSION JOINT 12345 2 3 2 1 345 GENERAL NOTE: 5 STAIRCASE DETAILS NTS GENERAL NOTES PCC COLOR & FINISH SHOP DRAWING SUBMITTAL NOTES HANDRAIL DETAILS CONCRETE STEPS & LANDING SLAB DETAILS CONCRETE CHEEK WALL DETAILS 2 6 NTS 1 2 345 123456 GENERAL NOTES: NTS 12345 1 2 3 45 2 JOINT(S) 3 PCC SIDEWALK, ELECTRICAL PAD AND PAVING AROUND PLAYGROUND GENERAL NOTES 4 SLOUGH WALL NTS 6 6 6 CONCRETE CURB NTS GENERAL NOTES 788 7 Item #13. Page 44 Meeting Date: 8/22/2023 / Packet Page #: 391
3 SITE FURNISHING NTS Maliha Fatima Ansari, RCE 70424 Date Approved By: File No.: Sheet of Date: Scale: Checked By: Drawn By: Engineering GLENDORA Division CITY OF REVISIONS FEBRUARY 2023 No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED JHBN 16 FINKBINER PARK IMPROVEMENTS- PHASE 2 CONSTRUCTION DETAILS PLAN NO. CD-2 11 1 RECYCLED PLASTIC BENCH AROUND TREE NTS 2 GENERAL NOTES: NOT USED NTS GENERAL NOTES: Item #13. Page 45 Meeting Date: 8/22/2023 / Packet Page #: 392
City Engineer RCE 51197 Date Approved By: 16 File No.: Sheet of Date: Scale: Checked By: Drawn By:

REGISTERED
PROFES

S IONAL ENGINEER
STATE
OF
CA

L I FORN IA
E L E C T R I C A L 1543 W. Garvey Ave. North, Ste. 210 (626) 337-1965 / JOB #22-2353 West Covina, California 91790-2140 MY Engineering, Inc. Mechanical, Electrical and Plumbing (MEP) Consulting Engineers P:\Drawings\22-2353 Finkbiner Park tennis course lighting\22-2353 ELEC DWGS\ DWG: E01.dwg LAYOUT: Layout1 1:0.5 January 25, 2023 - 10:04:40AM Leonel PROJECT NOTES, SYMBOL LIST, ELECTRICAL SPECIFICATIONS & SHEET INDEX E0.1 12 IT IS THE INTENT AND PURPOSE OF THESE SPECIFICATIONS AND ACCOMPANYING DRAWINGS THAT THE CONTRACTOR PROVIDE THE NECESSARY MATERIALS, LABOR, WORKMANSHIP, TOOLS, EQUIPMENT, TRANSPORTATION, ETC., FOR THE COMPLETE AND PROPER INSTALLATION AND OPERATION OF THE VARIOUS ELECTRICAL SYSTEMS SPECIFIED HEREIN. VISIT THE PREMISES TO BECOME ACQUAINTED WITH THE CONDITIONS TO BE ENCOUNTERED. NO EXTRA PAYMENTS WILL BE ALLOWED FOR ANY EXTRA WORK WHICH MAY BE REQUIRED DUE TO FAILURE OF THE CONTRACTOR TO THOROUGHLY EXAMINE THE PREMISES PRIOR TO BID. WORK INCLUDED IN THIS SECTION A COMPLETE AND OPERABLE EXTENSION OF THE EXISTING 240V, 1-PHASE, 3-WIRE LIGHTING AND POWER SYSTEMS INCLUDING CONDUITS, CONDUCTORS, WIRE, FITTINGS, ETC. APPLICABLE CODES AND REGULATIONS 2022 CALIFORNIA ELECTRICAL CODE. REGULATIONS OF ALL OTHER AUTHORITIES HAVING JURISDICTION. PERMITS AND APPROVALS AS REQUIRED BY CITY ORDINANCES TO BE OBTAINED AND PAID FOR BY THE CONTRACTOR. LOCATIONS THE DRAWINGS INDICATE DIAGRAMMATICALLY THE DESIRED LOCATION OR ARRANGEMENT OF CONDUIT RUNS, OUTLETS, EQUIPMENT, ETC., AND ARE TO BE FOLLOWED AS CLOSELY AS POSSIBLE. PROPER JUDGMENT MUST BE EXERCISED IN EXECUTING THE WORK SO AS TO SECURE THE BEST POSSIBLE INSTALLATION IN THE AVAILABLE SPACE AND TO OVERCOME DIFFICULTIES OWING TO SPACE LIMITATIONS OR INTERFERENCE OF STRUCTURAL CONDITIONS WHEREVER ENCOUNTERED. REPAIRS ANY DAMAGE TO THE STRUCTURE OR FINISHED SURFACES DUE TO THE INSTALLATION OF THE ELECTRICAL WORK SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE REPAIR BY THE TRADESMEN OF THE TRADE INVOLVED. SHOP DRAWINGS PROVIDE ELECTRONIC PDF COPIES OF CATALOG CUTS FOR EACH OF THE FOLLOWING ITEMS: 1. MATERIAL LIST. 2. LIGHT FIXTURE. 3. SWITCHGEAR. 4. TIME SWITCHED. EXCAVATIONS DO ALL EXCAVATING NECESSARY FOR THE PROPER INSTALLATION OF THE ELECTRICAL WORK WHETHER OR NOT INDICATED ON THE DRAWINGS OR SPECIFIED. WHEN ON THE OWNER'S PROPERTY, UNDERGROUND CONDUITS SHALL BE BURIED NOT LESS THAN 36" BELOW FINISHED GRADE. ALL UNDERGROUND CONDUIT SHALL BE ENCASED IN CONCRETE. AFTER THE INSTALLATION OF WORK REQUIRING EXCAVATIONS HAS BEEN INSPECTED AND APPROVED, ALL EXCAVATIONS SHALL BE FILLED WITH CLEAN EARTH AND TAMPED TO A CONSISTENCY SO THAT NO SETTLEMENT WILL OCCUR, AND THE GROUND LEFT FIRM AT NATURAL GRADE. ALL EXCAVATED EARTH WHICH IS NOT USED FOR BACKFILL SHALL BE REMOVED FROM THE PREMISES OR OTHERWISE DISPOSED OF AS DIRECTED. ALL PLANTS, SHRUBS, TURF AND SURFACING THAT OCCUR IN THE AREA OF THE EXCAVATION SHALL BE CAREFULLY REMOVED AND PLACED WHERE THEY WILL NOT BE DAMAGED. AFTER THE EXCAVATIONS ARE FILLED, THE PLANTS, SHRUBS, TURF AND SURFACING SHALL BE REPLACED AS DIRECTED. ALL SIDEWALKS, DRIVEWAYS OR OTHER CEMENT OR ASPHALT SURFACES WHICH ARE DAMAGED DURING EXCAVATION SHALL BE REPAIRED TO MATCH THE ADJACENT WORK IN MATERIAL AND FINISH. CONDUITS INSTALL ALL CONDUIT CONCEALED EXCEPT AS NOTED ON DRAWINGS. GALVANIZED OR SHERARDIZED RIGID STEEL CONDUIT FOR EXPOSED CONDUIT BELOW 8 FT. WHEN USED EXPOSED ON EXTERIOR OR WHEN INSTALLED IN MASONRY OR CONCRETE. USE GALVANIZED COUPLINGS, LOCKNUTS, BUSHINGS AND CONNECTORS. NON-METALLIC: RIGID PVC ELECTRICAL CONDUIT EXTRUDED TO SCHEDULE 40 DIMENSIONS OF HIGH IMPACT, VIRGIN POLYVINYL CHLORIDE AND SHALL BEAR U.L. LABEL. PVC, SCHEDULE 40 CONDUIT SHALL BE USED FOR ALL UNDERGROUND RUNS. ENCASE IN CONCRETE OF 3" MINIMUM THICKNESS ON ALL SIDES. USE STANDARD STEEL CONDUIT ELLS WHEREVER A RUN TURNS UP ABOVE GROUND OR CONCRETE SLABS. WHERE CONDUIT SIZE IS INCREASED FOR GROUND CONDUCTOR BY A CHANGE TO PVC, INCREASE THE SIZE OF THE ENTIRE LENGTH OF THE CONDUIT RUN TO MATCH. INSTALL METALLIC CONDUIT AS A COMPLETE SYSTEM, CONTINUOUS FROM OUTLET TO OUTLET, CABINET, BOX OR FITTINGS, AND SO MECHANICALLY AND ELECTRICALLY CONNECTED THAT ADEQUATE ELECTRICAL CONTINUITY FROM ONE CONDUIT TO ANOTHER IS SECURED. HOWEVER THIS SHALL NOT CONSTITUTE THE MECHANICAL GROUND FOR THE CIRCUIT. CONDUCTORS FEEDERS: #6 AND LARGER SHALL BE COPPER TYPE XHHW_2, RHH, RHW_2, THW OR USE_2 WITH HIGH TEMPERATURE RATING OF 90 DEGREES C. WET OR DRY AND A LOW TEMPERATURE RATING OF -25 DEGREES C. HALL BE USED FOR ALL OTHER 600 VOLT WIRING EXCEPT WHERE SPECIFICALLY NOTED OTHERWISE. TYPE THHN/THWN INSULATION CONDUCTORS SHALL NOT BE SUBSTITUTED FOR TYPE XHHW_2 EXCEPT AS SPECIFIED IN THE PRECEDING PARAGRAPH OR UNLESS SPECIFICALLY PERMITTED ON THE DRAWINGS. BRANCH CIRCUITS: LIGHTING AND POWER 1. #12 AWG MINIMUM, SOLID OR STRANDED COPPER WIRE TYPE THHN/THWN, THHW, THWN-2 (THHN FOR DRY LOCATION ONLY). 2. #8 AWG AND SMALLER, STRANDED COPPER TYPE THHN/THHW-2. CONDUCTORS INSTALLED IN AREAS SUBJECTED TO TEMPERATURES EXCEEDING 60 DEG C (140 DEG F); TERMINATING IN INCANDESCENT LIGHTING SHALL BE TYPE AVA OR RHW-2. DO NOT USE ANY MECHANICAL DEVICE TO PULL WIRE UNLESS SPECIFICALLY APPROVED BY ELECTRICAL ENGINEER. IDEAL YELLOW #77 OR EQUAL PULLING COMPOUND IS THE ONLY LUBRICANT PERMITTED FOR PULLING WIRE. USE SPLIT BOLT OR HI-PRESS COMPRESSION CONNECTORS FOR #6 AWG AND LARGER CONDUCTORS. WRAP JOINTS WITH A MINIMUM OF THREE (3) LAYERS OF SCOTCH TAPE #33 WHERE SPLICES ARE TO BE WATERPROOFED. ADD PROPER HEAT-SHRINK OR COLD-SHRINK TUBES OR WITH A 3M SCOTCHCAST EPOXY RESIN. USE 3M SCOTCHLOK OR IDEAL WING-NUT CONNECTIONS FOR #8 AWG AND SMALLER CONDUCTORS. NO SPLICES SHALL BE ALLOWED IN ANY CAST IRON OR CONCRETE PULL BOX UNLESS IT IS SPECIFICALLY CALLED FOR ON THE DRAWINGS OR IT IS WITH THE SPECIFIC WRITTEN APPROVAL OF THE ELECTRICAL ENGINEER. WHEN SPLICES ARE ALLOWED, A THOMAS & BETTS NO. HS-LR SERIES WATERTIGHT HEAT SHRINK PROCESS JACKET OVER THE SPLICE SHALL BE USED. MAKE ALL SPLICES WATERTIGHT FOR EXTERIOR EQUIPMENT. BREAKERS FOR EXISTING PANEL 1. INSTALL NEW QUICK-LAG TYPE CIRCUIT BREAKERS IN THE EXISTING PANEL, SWITCHBOARD OR DISTRIBUTION BOARD TO MATCH THE EXISTING PANEL OR BOARD. CIRCUIT BREAKERS SHALL BE RATED 10,000 AIC MIN. OR AS REQUIRED TO MATCH THE AIC RATING OF OTHER CIRCUIT BREAKER THEREIN. THE PANEL DIRECTORY SHALL BE UPDATED TO INDICATE THE NEW LOAD/EQUIPMENT ADDED. NAMEPLATES PROVIDE BLACK-ON-WHITE NAMEPLATES FOR EACH SWITCHBOARD, PANEL, TERMINAL CABINET, CONTROL CENTER, PULL BOX, DISCONNECT SWITCH AND MAGNETIC MOTOR STARTER TO CORRESPOND WITH DESIGNATIONS ON THE DRAWINGS. NAMEPLATES SHALL BE SECURED WITH SCREWS, BOLTS OR RIVETS. OTHER MEANS OF ATTACHMENT SHALL NOT BE ACCEPTED. "DYMO" TYPE LABELS WILL NOT BE ACCEPTED. NAMEPLATES FOR DEVICES OR EQUIPMENT SUPPLIED BY EMERGENCY POWER SHALL BE RED-ON-WHITE. WARRANTY PROVIDE A WARRANTY FOR ALL LABOR AND EQUIPMENT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF THE PROJECT. ANY ELECTRICAL TROUBLE DEVELOPING DURING THIS PERIOD DUE TO FAULTY WORKMANSHIP OR MANUFACTURE SHALL BE COVERED UNDER THE WARRANTY AND IMMEDIATELY CORRECTED AT NO COST TO THE OWNER. TESTS TEST ALL WIRE FOR SHORTS, OPENS, GROUNDS, OR OTHER DEFECTS; CORRECT ANY DEFECTIVE WORK. DEMONSTRATE CONTINUOUS SATISFACTORY OPERATION OF ALL ELECTRICAL WORK WITH THE OWNER BY RUNNING THROUGH MANUAL OPERATIONS. ELECTRICAL SPECIFICATIONS 1. MINIMUM WIRE SIZE FOR LINE VOLTAGE WIRING SHALL BE #12, UNLESS NOTED AS LARGER. 2. ALL CONDUIT SIZES SHALL CONFORM TO THE CALIFORNIA ELECTRICAL CODE (CEC) 2022 EDITION. MINIMUM SIZE CONDUIT SHALL BE 3/4". 3. M.H. INDICATES HEIGHT FROM FINISHED FLOOR TO BOTTOM OF FIXTURE. 4. NOT ALL SYMBOLS SHOWN IN THE SYMBOL LIST ARE USED ON THIS PROJECT. 5. A GREEN INSULATED COPPER GROUNDING CONDUCTOR SHALL BE INSTALLED IN EACH AND EVERY CONDUIT AND SHALL BE CONNECTED TO EACH OUTLET, ENCLOSURE, DEVICE, FIXTURE, ETC. THROUGHOUT THE ENTIRE PROJECT. THE RACEWAYS SHALL NOT BE RELIED UPON FOR "EQUIPMENT GROUNDING". 6. PANEL HOMERUN DESIGNATIONS: BA 1&3&5 = ONE THREE PHASE, 3-WIRE CIRCUIT, NO NEUTRAL TO A 3-POLE CIRCUIT BREAKER IN PANEL "BA". BA 1&3 = ONE SINGLE PHASE, 2-WIRE CIRCUIT, NO NEUTRAL TO A 2-POLE CIRCUIT BREAKER IN PANEL "BA". BA 1-3-5 = THREE SINGLE PHASE CIRCUITS WITH COMMON NEUTRAL TO A 3-POLE CIRCUIT BREAKER IN PANEL "BA" PER CEC 210.4. BA 1-3 = TWO SINGLE PHASE CIRCUITS WITH COMMON NEUTRAL TO 2-POLE CIRCUIT BREAKER IN PANEL "BA" PER CEC 210.4. BA 2,4,6 = THREE SINGLE PHASE CIRCUITS WITH SEPARATE NEUTRAL FOR EACH CIRCUIT TO 1-POLE CIRCUIT BREAKER IN PANEL "BA". SEE DRAWINGS FOR ADDITIONAL VARIATIONS AND REQUIREMENTS 7. ALL MULTI-WIRE BRANCH CIRCUITS: PROVIDE A SEPARATE NEUTRAL FOR EACH PHASE CIRCUIT IN ALL MULTI-WIRE BRANCH CONDUIT RUNS BACK TO THE PANELBOARD. CIRCUIT BREAKERS WITH COMMON TIE HANDLES ARE NOT ALLOWED. NEUTRAL CONDUCTOR SHALL BE IDENTIFIED WITH A STRIP PHASE COLOR TO IDENTIFY ITS OWN CIRCUIT. PROJECT NOTES POLE LIGHT STANDARD WITH ONE CUTOFF LUMINAIRE. CONDUIT RUN CONCEALED UNDER FLOOR OR BELOW GRADE. 12 REFERENCE NOTE FOR ITEM ON DRAWING. 150 INDICATES: 1 = FIXTURE TYPE; 50 = WATTAGE PER FIXTURE. ALSO NUMBER ADJACENT TO FIXTURE = CIRCUIT NUMBER, AND LOWER CASE LETTER = CONTROLLING SWITCH. SEE THE DRAWINGS OR THE SPECIFICATIONS FOR LIGHT FIXTURE DESCRIPTION. LA EXISTING PANELBOARD DESIGNATION. ELECTRICAL SYMBOL LIST OVERHEAD POWER LINES OR SERVICE DROP CABLES. E0.1 ELECTRICAL SPECIFICATIONS, SYMBOLS, DETAIL AND SHEET INDEX. E1.0 ELECTRICAL SITE DEMOLITION PLAN. E1.1 ELECTRICAL SITE PLAN. E2.1 SINGLE LINE DIAGRAM AND PANEL SCHEDULE. E3.1 TENNIS COURT LIGHTING PHOTOMETRY & RETROFIT INFORMATION. SHEET INDEX XX XX EXISTING CONDUIT REWIRED AS NOTED ON THE DRAWINGS. 3/4"C-2#12 3/4"C-4#12 1"C-6#10 1"C-7#10 3/4"C-5#10. 3/4"C-3#12. WIRE SIZE OTHER THAN #12 OR #10 IS NOTED ON EACH CONDUIT RUN WITH SIZE OF CONDUIT (e.g.: 3/4"C-3#8) INCLUDE A GREEN GROUND CONDUCTOR IN EACH CONDUIT. (GREEN GROUND CONDUCTOR NOT SHOWN). 1"C-8#10 1"C-10#10 1"C-11#10 1"C-9#10. FLUSH MOUNTED PANELBOARD, +6'-6" TO TOP. SURFACE MOUNTED PANELBOARD, +6'-6" TO TOP. THE ELECTRICAL WORK SHALL CONSIST OF, BUT LIMITED TO THE FOLLOWINGS ITEMS: 1. REPLACE EXISTING COURT LIGHT FIXTURES WITH NEW LED LIGHTS BY MUSCO ON EXISTING POLES. 2. REMOVE AND REPLACE EXISTING SWITCHGEAR WITH NEW SWITCHBOARD ON NEW RAISED SLAB WITH NEW CONDUCTORS FOR ALL NEW AND EXISTING FEEDER AND BRANCH CIRCUITS. 3. COORDINATION WITH SCE. BRIEF SCOPE OF WORK SWITCHBOARD ELEVATION DETAIL 1 EXISTING CONDUIT AND CONDUCTORS. REMOVE ALL CONDUCTORS OR CABLES. IF CONDUIT IS EXPOSE TO VIEW, REMOVE CONDUIT AND SUPPORTS. XR XR

M EXISTNG SWITCHBOARD DEMOLITION DETAIL
2 EXISTING SLAB TO BE REMOVED EXISTING SWITCHBOARD "EMS" TO DISCONNECT AND REMOVE EXISTING FEEDER CONDUIT FROM UTILITY TO REMAIN. NEW MUSCO LIGHTING CONTROL PANEL. NEW WEATHERPROOF NEMA-3R ENCLOSURE MUSCO ANTENNA BY MUSCO NEW MUSCO LIGHTING CONTROL PANEL PANEL "HP" LOAD POWER TO LIGHTING CIRCUITS AND EQUIPMENT PER MUSCO EXISTING CONDUIT WITH NEW CONDUCTORS. SEE PLAN AND SINGLE LINE DIAGRAM EXISTING CONDUIT WITH NEW EDISON CONDUCTORS PER EDISON'S REQUIREMENTS EXISTING CIRCUIT BREAKERS FOR EXISTING FEEDERS & BRANCH CIRCUITS EXIST. METER EXIST. PULL SECTION 400A MAIN 1 2 NEW MAIN SWITCHBOARD "NMS"
3 3 REFERENCE NOTES 1. REMOVE EXISTING CONDUCTOR OF EXISTING FEEDERS AND/OR EXISTING BRANCH CIRCUIT. 2. PROTECT EXISTING UNDERGROUND CONDUITS ON THE BASE OF EXISTING MAIN SWITCHBOARD "EMS" FOR CONNECTION TO NEW MAIN SWITCHBOARD "NMS". 3. PROTECT EXISTING CONDUITS IN PLACE AND EXTEND CONDUITS 2" ABOVE NEW CONCRETE SLAB AND PROVIDE AN INSULATED GROUND BUSHING ON EACH CONDUIT WITH #6 GROUND CONDUCTOR (MIN.) TO GROUND BUS. 4. DISCONNECT AND REMOVE EXISTING TIME CLOCK. 5. EXISTING BRANCH CIRCUITS TO RECONNECT TO NEW PANEL "HP" ON NEW MAIN SWITCHBOARD "NMS". 6. FIELD VERIFY TENNIS COURT POLE LIGHT BRANCH CIRCUITS. DISCONNECT AND REMOVE EXISTING CONDUCTOR AND ABANDON UNDERGROUND CONDUITS IN PLACE. # PLAN VIEW NEW BRANCH CIRCUITS TENNIS COURT POLE LIGHTING EXISTING BRANCH CIRCUIT FEEDER TO REMAIN (TYP.) 6 4 (2) 20/1 BREAKERS
5 1 NEW 1-1/2"C-8#8 & 2#12 & 1#8 GRD. FROM HP 1&3, 5&7, 2&4 AND 6&8 (TENNIS COURT
NEW LIGHTS CIRCUITS)HP-11 ( MUSCO CONTROL) INTEMATIC ELECTRONIC TIME CLOCK HP-9 GFI/W.P. NEW 1-1/2"C-8#8 & 2#12 & 1#8 GRD. FROM HP 1&3, 5&7, 2&4 AND 6&8 (TENNIS COURT NEW LIGHTS CIRCUITS) HP-11 ( MUSCO CONTROL) 1 REFERENCE NOTES 1. INSTALL NEW INTEMATIC ELECTRONIC TIME CLOCK ON THE SIDE WALL OF NEW MAIN SWITCHBOARD AND RECONNECT TO EXISTING BRANCH CIRCUITS THAT WERE CONTROLLED BY EXISTING TIME CLOCK. 2. RECONNECT CONDUCTORS OF EXISTING BRANCH CIRCUIT TO REMAIN WITH SAME SIZE OF CONDUCTOR IN EXISTING CONDUIT. (FIELD VERIFY EXISTING CONDUCTOR SIZE). # NEMA-3R ENCLOSURE SEE CIVIL PLAN FOR DETAIL OF NEW CONCRETE SLAB 2 Very truly yours,
JY
Item #13. Page 46
Meeting Date: 8/22/2023 / Packet Page #: 393
Very truly yours,
JY
Item #13. Page 47
Meeting Date: 8/22/2023 / Packet Page #: 394
Very truly yours,
JY
Item #13. Page 48
Meeting Date: 8/22/2023 / Packet Page #: 395
City Engineer RCE 51197 Date Approved By: 16 File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED 65% SUBMITTAL NOT FOR CONSTRUCTION January 24, 2023 9:50 AM JHBN SEJ IC U HE M.Y A REGISTERED PROFESS IONAL ENGINEER STATE OF CAL I FORN IA E L E C T R I C A L 1543 W. Garvey Ave. North, Ste. 210 (626) 337-1965 / JOB #22-2353 West Covina, California 91790-2140 MY Engineering, Inc. Mechanical, Electrical and Plumbing (MEP) Consulting Engineers P:\Drawings\22-2353 Finkbiner Park tennis course lighting\22-2353 ELEC DWGS\ DWG: E21.dwg LAYOUT: Layout1 1:0.5 January 24, 2023 - 9:51:14AM Leonel SINGLE LINE DIAGRAM & PANEL SCHEDULE E2.1 15 400A NEW 120/240V, 1Ø, 3W, 400A 2P 100A 1P 100A 1P EXISTING 4" CONDUIT WITH NEW CONDUCTORS BY EDISON. CONTRACTOR TO COORDINATE WITH EDISON OF ENERGIZE NEW SERVICE M EXISTING WEATHERPROOFMAIN SWITCHBOARD "EMS" 400AF 400AS 120/240V, 1Ø, 3W, 400A EXIST. 40A EXISTING 2P 2P XR XR XR XR

XX XX XX
XR XR EXIST. 40A 2P
XR XR EXIST. 40A 2P
XR XR EXIST. 40A 2P
XR XR EXIST. 20A 1P EXIST. 20A 1P EXIST. 100A 2P EXIST. 100A 2P EXIST. 20A 1P EXIST. 20A 1P XR XX
XR XX
XR XX
XX XR
XR XX
XX XR PROTECT EXISTING GROUNDING SYSTEM M EXISTING METER #223000-007611 5 4 6 6 GROUND ROD, SEE 3 E2.1 NEW PANEL "HP" BUS 4200 AIC NEW METER NEW WEATHERPROOF MAIN SWITCHBOARD "NMS" XX
XX 32 32 32 1 (TYP.) (TYP.) (TYP.) (TYP.) (TYP.) (TYP.) DEMOLITION SINGLE LINE DIAGRAM SCALE: NTS 1 E2.1 NEW SINGLE LINE DIAGRAM SCALE: NTS 2 E2.1 SECTION PULL U.G. EXISTING TENNIS COURT LIGHTING CIRCUIT, SEE "1/E0.1" EXISTING LOADS TO BBQ AREA RECONNECT TO PANEL "HP" RECONNECT TO NEW "NMS" (VERIFY LOCATION AT FIELD) EXISTING LOADS AT EAST OF PARK RECONNECT TO PANEL "HP" (VERIFY LOCATION AT FIELD) EXISTING GROUND BUSGROUND BUS WEATHERPROOF ENCLOSURE SECTION PULL U.G. XX XX XX REFERENCE NOTES 1. DISCONNECT & REMOVE EXISTING SERVICE CONDUCTORS AND PROTECT EXISTING 4" CONDUIT. SEE DETAIL "2/E0.1". CONTRACTOR TO COORDINATE WITH EDISON COMPANY OF SERVICE DISCONNECTION. 2. REMOVE EXISTING CONDUCTOR OF EXISTING FEEDERS AND/OR EXISTING BRANCH CIRCUIT. INSTALL NEW CONDUCTORS AND GROUND CONDUCTOR IN EXISTING CONDUIT. WHEN NEW SERVICE AND/OR NEW PANEL "HP" IS READY TO ENERGIZE. 3. PROTECT EXISTING UNDERGROUND CONDUITS ON THE BASE OF EXISTING MAIN SWITCHBOARD "EMS" FOR CONNECTION TO NEW MAIN SWITCHBOARD "NMS". EXTEND EXISTING CONDUIT UP THRU NEW SLAB 2" ABOVE CONCRETE WITH AN INSULATED GROUND BUSHING WITH GROUND CONDUCTOR TO GROUND BUS. 4. UFER GROUND FOR EQUIPMENT GROUND SYSTEM, 20 FEET LONG BARE #3/0 ENCASED IN CONCRETE SLAB. 5. GROUND BUS "EGBB"; MOUNTING INSIDE EQUIPMENT ENCLOSURE SHALL BE 3" WIDE x 1/4" THICK x 24" LONG COPPER BUS +12" ABOVE FLOOR ON 1" STANDOFF INSULATORS WITH LUG HOLES 1/4" DIA. DRILLED AND TAPPED 1" ON CENTERS. PROVIDE A BLACK PHENOLIC NAMEPLATE 1/4" HIGH ENGRAVED LETTERING TO READ "EQUIPMENT GROUND BUS". ATTACH NAMEPLATE TO WALL ABOVE GROUND BUS. 6. 1"C-1#3/0 ELECTRODE GROUND. # EXIST. RESTRM PANEL EXIST. SCOUT HUB PANEL MUSCO PANEL 1 TO TENNIS COURT LIGHTING CIRCUITS, SEE SHEET E0.1 AND E1.1 3 ROD WHEN REQUIRED. ADDITIONAL GROUND CONDUIT & WIRE TO 10'-0" FINISH GRADE NO. 3 HEAVY DUTY CONCRETE REINFORCED COVER. ENGRAVED "EQUIPMENT GROUND" CONDUIT HUB FOR GROUNDING BY "THOMAS" & BETTS." PRECAST 22"L. x 12" W. x 24"D YARD BOX. BROOKS PRODUCTS # 2PB (2 SECTIONS) OR QUICKSET # EOD22 (2 SECTIONS) CONDUIT AND WIRE SIZE AS REQUIRED SEE PLANS. GROUND FITTING THOMAS & BETTS # 2. 3/4" X 10' - 0" DRIVEN "COPPERWELD" GROUND ROD. GROUND ROD DETAIL SCALE: NONE 3 E2.1 NEW 1-1/2"C-8#8 & 2#12 & 1#8 GRD. FROM HP 1&3, 2&4 AND 6&8 (TENNIS COURT LIGHTING CIRCUITS) HP-11 ( MUSCO CONTROL)XX XX EXIST. RESTRM PANEL EXIST. SCOUT HUB PANEL Very truly yours, JY
Item #13. Page 49
Meeting Date: 8/22/2023 / Packet Page #: 396
City Engineer RCE 51197 Date Approved By: 16 File No.: Sheet of Date: Scale: Checked By: Drawn By:

Engineering GLENDORA Division CITY OF REVISIONS No. DESCRIPTION Appr Date: 2401 East Katella Ave, Suite 300, Anaheim, California 92806 714/978-8200 fax 714/978-8299 COMPREHENSIVE INNOVATIVE TRUSTED 65% SUBMITTAL NOT FOR CONSTRUCTION January 23, 2023 4:28 PM JHBN SEJ IC U HE M.Y A REGISTERED PROFESS IONAL ENGINEER STATE OF CAL I FORN IA E L E C T R I C A L 1543 W. Garvey Ave. North, Ste. 210 (626) 337-1965 / JOB #22-2353 West Covina, California 91790-2140 MY Engineering, Inc. Mechanical, Electrical and Plumbing (MEP) Consulting Engineers P:\Drawings\22-2353 Finkbiner Park tennis course lighting\22-2353 ELEC DWGS\ DWG: E31.dwg LAYOUT: Layout1 1:0.5 January 24, 2023 - 9:51:25AM Leonel TENNIS COURT LIGHTING PHOTOMETRY & RETROFIT INFORMATION E3.1 16 TENNIS COURT LIGHTING RETROFIT INFORMATION SCALE: NONE 2 E3.1 TENNIS COURT PHOTOMETRY SCALE: NONE 1 E3.1 REFERENCE ONLY Very truly yours, JY
Item #13. Page 50
Meeting Date: 8/22/2023 / Packet Page #: 397

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
DD Systems, Inc.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 51
Meeting Date: 8/22/2023 / Packet Page #: 398
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
DD Systems, Inc.

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 DD Systems, Inc, a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 52
Meeting Date: 8/22/2023 / Packet Page #: 399
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Finkbiner Park Phase II Improvements, Plan No. 1365-2, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 53
Meeting Date: 8/22/2023 / Packet Page #: 400
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
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 _______________
Danny Daher
President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 54
Meeting Date: 8/22/2023 / Packet Page #: 401
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 55
Meeting Date: 8/22/2023 / Packet Page #: 402
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

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

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

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

1.9 Further Responsibilities of Parties.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 56
Meeting Date: 8/22/2023 / Packet Page #: 403
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 57
Meeting Date: 8/22/2023 / Packet Page #: 404
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

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 $1,044,717.96 (One million, forty-four thousand, seven hundred seventeen dollars and ninety six cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 58
Meeting Date: 8/22/2023 / Packet Page #: 405
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 59
Meeting Date: 8/22/2023 / Packet Page #: 406
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

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.

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:

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

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

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

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 60
Meeting Date: 8/22/2023 / Packet Page #: 407
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

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

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 61
Meeting Date: 8/22/2023 / Packet Page #: 408
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
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”.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 62
Meeting Date: 8/22/2023 / Packet Page #: 409
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 63
Meeting Date: 8/22/2023 / Packet Page #: 410
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 64
Meeting Date: 8/22/2023 / Packet Page #: 411
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

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

5.4 Notification of Third-Party Claims.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 65
Meeting Date: 8/22/2023 / Packet Page #: 412
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

5.7 Substitution of Securities.

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

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 66
Meeting Date: 8/22/2023 / Packet Page #: 413
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 67
Meeting Date: 8/22/2023 / Packet Page #: 414
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 68
Meeting Date: 8/22/2023 / Packet Page #: 415
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

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

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 69
Meeting Date: 8/22/2023 / Packet Page #: 416
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

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

7.8 Termination Prior to Expiration of Term.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 70
Meeting Date: 8/22/2023 / Packet Page #: 417
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

7.11 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 71
Meeting Date: 8/22/2023 / Packet Page #: 418
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 72
Meeting Date: 8/22/2023 / Packet Page #: 419
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Contractor’s Authorized Initials ___________________
Danny Daher
President
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 73
Meeting Date: 8/22/2023 / Packet Page #: 420
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 74
Meeting Date: 8/22/2023 / Packet Page #: 421
$fa343019b77e$22528EBDBECB4FA08DD1AD128474A080.docx
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:

DD Systems, Inc.

Name: Danny Daher
Title: President
Email: [email protected]
Address: 1199 Englewood Lane, Glendora, CA 91741
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.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Aug 10, 2023 | 3:09 PM PDT
Item #13. Page 75
Meeting Date: 8/22/2023 / Packet Page #: 422
01240.0001/535311.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Finkbiner Park Phase II Improvements, Plan No. 1365-2, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This scope of work consists of removal and disposal of existing handball wall, complete including foundations and soil replacement backfills, erosion control measures, pavement overlays, remove and replace rubber chips in playground, parking lot signing and striping, sport field lighting, bench and trash receptacle replacement, picnic tables, turf replacement, and installations per RFP and plans.

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

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 76
Meeting Date: 8/22/2023 / Packet Page #: 423
01240.0001/535311.1 B-1
EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 77
Meeting Date: 8/22/2023 / Packet Page #: 424
01240.0001/535311.1 C-1
EXHIBIT “C”

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

Line
Item Item Description
Unit of
Measure Quantity Unit Price Extension
1 Mobilization and Demobilization LS 1 $64,259.21 $64,259.21 2 Demolition, removal, and earthwork. LS 1 $23,820.00 $23,820.00 3 Remove and dispose existing handball wall
complete including foundations and soil
replacement backfill.
1 $2312.50 $2312.50
4 Implement erosion control measures. LS 1 $10,256.25 $10,256.25 5 Remove existing tree with 4-inch trunk caliper
complete including roots to 24-inch depth.

LS 1
$1250.00 $1250.00
6 Construct PCC curb and gutter per SPPWC Std.

Plan 120-3.

EA 150
$137.50 $20,625.00
7 Construct PCC curb per SPPWC Std. Plan
120-3, Type A1-6.

LF 158
$87.50 $13,825.00
8 Cold mill existing AC pavement to 2-inch
uniform depth including removal and disposal of
existing pavement fabric.

LF 16,170
$0.928 $15,000.00
9 Construct 2-inch AC pavement overlay. TN 200 $312.50 $62,500.00 10 Construct 6-inch thick AC (B-PG 64-10)
pavement on 95% relative compacted native
under 2-inch AC overlay.

SF 1430
$5.00 $7,150.00
11 Remove and dispose existing shredded rubber
chips in existing playground complete
including areas surrounding the playground.

Furnish and install poured-in-place rubberized
surfacing including sub-base preparation and
drainage system construction, complete per
plan and specifications.

LS 1 $177,272.40 $177,272.40
12 Construct PCC curb ramp per SPPWC Std Plan
111-5, type per plan.

EA 2
$8,500.00 $8,500.00
13 Parking lot signing and striping. LS 1
$4,735.00 $4,375.00
14 Construct 4-inch thick PCC sidewalk or
pavement with thickened edge on 95% compacted
native.

SF 6653
$13.75 $91,478.75
15 Construct 4-inch thick PCC pavement with SF 2900 $13.75 $39,875.00 DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 78
Meeting Date: 8/22/2023 / Packet Page #: 425
01240.0001/535311.1 C-2
thickened edge around playground area on 95%
compacted native.
16 thickened edge around playground area on 95%
compacted native.

LS 1
$128,750.00 $128,750.00
17 Remove existing tennis court sport light
assemblies on all poles; and furnish and install
new tennis court sport light assemblies
manufactured by MUSCO on existing poles
complete per plan and specifications including a
complete light control assembly in new cabinet.

LS 1
$128,750.00 $128,750.00
18 Remove existing park sport field lighting
electrical service switchboard assembly; and
furnish and install new park sport field
lighting electrical service switchboard
assembly
EA 6
$1,062.50 $6,375.00
19 complete per plans and specifications
including NEMA rated stainless steel cabinet.

EA 2
$3,000.00 $6,000.00
20 Furnish and install prefabricated recycled
plastic bench around existing tree.

EA 5
$3,125.00 $15,625.00
21 Remove existing bench; and furnish and
install new precast concrete bench with city
EA 2
$4,000.00 $4,000.00
22 logo complete per plans. LS 1 $625.00 $625.00
23 Remove existing trash receptacle; and furnish LS 1 $16,625.00 $16,625.00 24 and install new precast concrete trash
receptacle with city logo complete per plans.

LF 125 $193.75 $24,218.75
25 Remove existing picnic table, furnish and
install new precast round concrete picnic table
complete per plans.

LS 1
$15,000.00 $15,000.00
26 Remove existing rack(s) and install new
City's provided bike rack(s).

EA 1
$75,000.00 $75,000.00
27 Construct PCC stairwell complete per plans
including handrails, contrasting color tape,
and
TON 5
$750.00 $3,750.00
28 cheek/retaining walls. EA 9 $1,875.00 $16,875.00
29 Construct CMU slough wall per SPPWC Std. LS 1 $43,750.00 $43,750.00 Not to Exceed Total $1,044,717.96
 Quantity may be changed or item may be deleted
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 79
Meeting Date: 8/22/2023 / Packet Page #: 426
01240.0001/535311.1 C-3
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 80
Meeting Date: 8/22/2023 / Packet Page #: 427
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 55 Working Days November 6, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 81
Meeting Date: 8/22/2023 / Packet Page #: 428
01240.0001/535311.1

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to DD Systems, Inc, as Contract for the work entitled and described as follows: Finkbiner Park Phase II Improvements, Plan No. 1365-2;
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 One million forty-four thousand seven hundred seventeen dollars and ninety six cents ($1,044,717.96), 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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 82
Meeting Date: 8/22/2023 / Packet Page #: 429
01240.0001/535311.1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 83
Meeting Date: 8/22/2023 / Packet Page #: 430
01240.0001/535311.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to DD Systems, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows: Finkbiner Park Tennis and Pickleball Court Improvements, Plan No. 1365-1; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One million forty-four thousand seven hundred seventeen dollars and ninety six cents ($1,044,717.96), 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.

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 84
Meeting Date: 8/22/2023 / Packet Page #: 431
01240.0001/535311.1
Executed on , 20___.

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 85
Meeting Date: 8/22/2023 / Packet Page #: 432
01240.0001/535311.1

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

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 86
Meeting Date: 8/22/2023 / Packet Page #: 433
01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

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

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

NOTICE:

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

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 87
Meeting Date: 8/22/2023 / Packet Page #: 434
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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 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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 88
Meeting Date: 8/22/2023 / Packet Page #: 435
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:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 89
Meeting Date: 8/22/2023 / Packet Page #: 436
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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 90
Meeting Date: 8/22/2023 / Packet Page #: 437
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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.

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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 91
Meeting Date: 8/22/2023 / Packet Page #: 438
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 □

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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 92
Meeting Date: 8/22/2023 / Packet Page #: 439
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: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 93
Meeting Date: 8/22/2023 / Packet Page #: 440
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 94
Meeting Date: 8/22/2023 / Packet Page #: 441
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:
a) A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

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

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
DocuSign Envelope ID: 56E763DF-B4A6-4FEB-BDF2-CCAAEBA94816 Item #13. Page 95
Meeting Date: 8/22/2023 / Packet Page #: 442
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.

AWARD THE CONTRACT FOR FINKBINER PARK
PHASE II, PLAN NO. 1365-2 , TO DD SYSTEMS, INC.,
IN THE AMOUNT OF $1,044,717.96 (STRATEGIC
GOAL 5)
Public Works Department
Engineering Division
City Council
August 22, 2023
Maliha Ansari, Principal Civil Engineer
CityOfGlendora.org
Item #13. Page 97
Meeting Date: 8/22/2023 / Packet Page #: 444
2 Finkbiner Park Phase II Improvements
• Construction and renovation of the playground and
surrounding areas.
• Resurfacing the existing parking lot, the area of
Minnesota Avenue along the courts and the alley
north of the courts.
• Removal and replacement of concrete walkways
and curbs.
• Replacement of the shredded rubber in the
playground area and surrounded perimeter.
• Construction of ADA compliant curb ramps.
• Landscape and irrigation modifications.
• Upgrade of electrical panel at Finkbiner Park for
increased reliability.

Item #13. Page 98
Meeting Date: 8/22/2023 / Packet Page #: 445
3 Project Award
• Bids closed on June 8th, 2023
• Seven (7) responsive bids were received.
• Bids ranged from $1,044,718 to
$1,399,945
• Award to DD Systems, Inc. (Lowest bidder)
Bidder Total Bid Amount
DD Systems, Inc. $1,044,718.96
NoHo Constructors $1,063,127.00
ABNY General Engineering $1,144,198.00
KASA Construction, Inc. $1,188,839.00
Wright Construction $1,218,041.50
Access Pacific, Inc. $1,264,245.72
G2K Construction, Inc. $1,399,945.00
Item #13. Page 99
Meeting Date: 8/22/2023 / Packet Page #: 446
4 Project Award
• The Project’s adopted budget is $1,758,650. Phase I was completed for $596,684. Sufficient funds for this respective project (# 22658201) and this phase II bid award of $1,044,717.96 are available in the Measure E fund 103.

Task Budget Expenditures
Measure E Fund 103 $1,758,650
Total Project Budget $1,758,650
Phase I - Complete $596,684
Phase II Bid Award, DD Systems, Inc. $1,044,718
10% Contingency $104,472
Total Estimated Expenditures $1,745,874
Estimated Remaining Budget for Phase 2 $12,776
Item #13. Page 100
Meeting Date: 8/22/2023 / Packet Page #: 447
5 RECOMMENDATIONS

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

2. 2. Award the contract for Finkbiner Park Improvements – Phase 2, Plan No. 1365 -2, to DD Systems, Inc. in the amount of $1,044,717.96;

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

4. 4. Authorize the City Manager or his designee to execute the agreement with DD Systems, Inc., including minimal and/or non-substantive changes.

That the City Council:

Item #13. Page 101
Meeting Date: 8/22/2023 / Packet Page #: 448

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: AUGUST 22, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT TO BUREAU VERITAS TECHNICAL ASSESSMENT, LLC FOR FACILITIES CONDITION ASSESSMENT IN THE AMOUNT OF $235,987.86 (STRATEGIC PLAN - GOAL 5)

RECOMMENDATION
That the City Council:

1. Award the contract to Bureau Veritas Technical Assessment, LLC for City Facilities Condition Assessment in the amount of $235,987.86;

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

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

EXECUTIVE SUMMARY
A request for proposals was completed for the “City Facilities Condition Assessment”. The intent of this project is for the consultant to identify the current physical condition of each building system or asset in accordance with a condition rating scale to be determined in collaboration with the City. This will include comprehensive documentation to identify existing deficiencies with recommendations for corrective actions. Sixteen (16) companies downloaded the request for proposals (RFP) and five (5) companies submitted proposals. The proposed costs ranged from $180,100 to $615,850. Bureau Veritas Technical Assessment, LLC submitted an extensive proposal that was deemed the most appropriate to satisfy the City’s full scope needed for this effort and is recommended to perform this project with a cost of $235,987.86.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
This project is on the Active Project List and under the Strategic Plan Goal Five to Improve and Maintain the City’s Infrastructure and Facilities (IMCIF), Public Works will assess the condition of existing structural, mechanical, electrical, and site adjacent facilities and aid in the planning for future facility improvement projects.

DISCUSSION
The purpose of this project is to assess the current condition of City owned facilities to aid in the recommendation of facility maintenance projects. This contract will be used to assess electrical and mechanical components within buildings, except for those that are part of the water production and distribution system, which are being assessed under the Water Master Plan.

The “City Facilities Condition Assessment” RFP was posted and closed in July 2022. Sixteen (16) companies purchased the RFP. Five companies submitted a proposal. Staff interviewed each company and provided interview scores. The interview scores were incorporated into an evaluation score. The proposed costs ranged from $180,100 to $615,850. Bureau Veritas Technical Assessment, LLC is recommended to perform this project with a cost of $235,987.86.

Item #14. Page 1
Meeting Date: 8/22/2023 / Packet Page #: 449
Staff Report Page 2 of 2
Staff reviewed and scored the proposal for content, scope, and qualifications. A panel of four staff members interviewed each consultant and provided an interview score and overall score. The scores are shown below. Although one consultant provided a lower cost, Bureau Veritas provided a more comprehensive scope of items to be assessed during the study. Bureau Veritas will provide a capital plan report reflecting a 5, 10, and 20-year horizon based on their 20-year building system evaluation. The evaluation and assessment will include program management, facility and site assessments and thorough reporting for one-hundred and twelve (112) locations, including applicable energy audits and projections for deficiency costs.

Including projections for the following areas:

A. Deficiency costs summarized by building system across facilities.

B. Deficiency costs summarized by priority across all facilities.

C. Deficiency costs summarized by category type across facilities.

D. Calculation of the facility condition index (FCI) for each facility.

E. Multi-year expenditure forecast for each facility.

The RFP also requested to provide a Computer Maintenance Management Software (CMMS) for input and tracking of facility conditions and projects. The consultant proposed using Brightly Software for $26,710.58. Since the City is acquiring a similar software, this item will not be awarded with this contract.

The consultant will migrate the assessment data into the CMMS the City will select.

Due to the nature of this project, staff is respectfully requesting that a 10% ($23,600) contingency authority be added to the contract in the event that unforeseen conditions arise during the assessment.

Contractor Location Amount Score

1. Marx Okubo Santa Ana, CA $180,100.00 75

2. Bureau Veritas Irvine, CA $262,698.44 84

3. VFA (Gordian) Greenville, SC $308,676.00 69

4. Noresco Costa Mesa, CA $409,211.00 75

5. AEI Torrance, CA $615,850.00 78

FISCAL IMPACT
There are sufficient funds in the Capital Improvement Program for Citywide Security Analysis and Implementation Project number 20401903.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.

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

A. Bid Summary
B. Plan Holder List
C. Bid Proposal
D. Contract Agreement
E. Presentation
Item #14. Page 2
Meeting Date: 8/22/2023 / Packet Page #: 450
City Facilities Condition Assessment
Quest Number: 8243298
BID OPENING: June 30th, 2022

SUMMARY OF BIDS

CONTRACTORS BID AMOUNT
Contractor Location Amount

1. Marx Okubo Santa Ana, CA $180,100.00

2. Bureau Veritas Irvine, CA $262,698.44

3. VFA (Gordian) Greenville, SC $308,676.00

4. Noresco Costa Mesa, CA $409,211.00

5. AEI Torrance, CA $615,850.00
Item #14. Page 3
Meeting Date: 8/22/2023 / Packet Page #: 451

!"#"$%&'((')'$*+,-
./
0 1+"23'(*445%6'789
./
0 1+"23'(*445%6 '7

9 +":5$;$<'=*(
>

??@A@BBAC0

;$<'=*(D<5%6'7E+"23'(*F'(E 0
/
0 G HII.

9 /
0 JC0
HII.

>
JK
L MNO
.

MNO
C
.

00

PQ("$$ R4'77"")'(%!3 S*<T$'2U5++"&V@W *(65++"( =53$D)X:)("$$F<'Y B@??@RB1Z[))+5"(?W"Z53 '< &\['74*22'2
"$5E2 A&'2%*52+*]* Z77*+'^_@B 45236!EE5"(' <(EE5"('D7'$<3F<'Y ?@B@WBA(5Y"Z533"(A"Z53 '< `[;[4'()'(*%5'2 WZ("<T52(53E"=+U3 [5%"B +%1@ WR? '26[5Y)$'2 %'26$D5$"$<'()F<'Y RR@?@WWW;4'2$+%*2%A"Z53 '< ^\!;[4\ !"$"*(<
(F[%"FB4 P;[Z\!\a1b@
A 4(5$%515=$'2 <E5=$'2D2'("$<'F<'Y cBdWA@W(5Y"Z533"(A"Z53 '< 1+Y*<
P5+$5("Z+U3FW(3 &+''(V'$2E"+"$4@ R Y6eX*2 *TX*2DE+Y*<F<'Y W@WR@??;4'2$+%*2%A"Z53 '< "((*<'2@+6Y'% WBA%U"2" 522"*)'+5$^@AABB ++"2P5%% *++"2FX5%%D%"((*<'2F<'Y ?W@BR@W;4'2$+%*2%A"Z53 '< f&`2< W*%"X''3
(5U"[5%" WA1(""2U5++"[4@R?A
*U"$2E 3F%$2EDE'(35*2F<'Y @B@R;4'2$+%*2%A"Z53 '< Z("*f"(5%*$"<25<*+ $$"$$Y"2%$VV4 B?5++!245(<+" \X52E$5++$ @ *%%"X2%"( Y*%%FY2%"(D=U2*F<'Y @WW@??;4'2$+%*2%A"Z53 '<
"E"2T'+=;2E52""($ W['%1(*23U"2" V'$2E"+"$4@R ""2*P"52"(P53(*2 3X53(*2D3"E"2T'+=F<'Y WAR?A;4'2$+%*2%A"Z53 '< !'%`[VV4 W?4"2%(*+U"2" [%F"%"($=(E&V@WW P`++5*YcZ5++d!'% )(')'$*+D('%5*Y$F<'Y W@WR@RWBA(5Y"Z533"(?"Z53 '< *(:g\T='$$'<5*%"$ Bb%%'24"2%("[5%" RA[*2%*2*4@R *(T1(*U"$ Y*(ThE(*U"$DY*(:'T='F<'Y RBR??R;4'2$+%*2%"Z53 '< !'6S'(E"2$"2 $$'<5*%"$`2<F WB!"62'+3$U"2" `(U52"4@R?B [*23(*b"772"( $*23(*Di'(E"2$"27YF<'Y RBRRAA;4'2$+%*2%"Z53 '< f4W B4'))"(
(5U"
2+*)`V@?AA [*Y*2%*6("$ $*6("$?DEY*5+F<'Y @@R+*2!''Y"Z53 '< e5%<"++4; BAf"2%("\*T$P*6 [*<(*Y"2%'4@RAWW Y6;<"U*((5* *"<"U*((5*DT5%<"++F<'Y R??BR(5Y"Z533"(W"Z53 '< ;++*2*`2< B4'2%52"2%*+Z+U3?% &+''(;+["E23'4@ RBA ;++*Z"("]25%$T6 Y*(T"%52ED"++*2*F2"% cWWd?@RB Z;PZ;;4'2$+%*2%A"Z53
'< Z53Y"(5<* BA;+Y[%(""% ((5"%*4@RA? 'Y *U5$ )+*2(''YD=53*Y"(5<*F<'Y RA@W@AAR+*2!''YR"Z53 '< j"$%4'2$%(<%5'2
*%* ^"%X'(T \Z':A[*T')"" ^@AAWR j"$%4
^[))'(%*23[*+"$ $))'(%D#"$%<32F<'Y RA@WW@?W\%"("Z53 '< *<!5Y;2E52""(52E`2<F W;*$%$%[%(""%V'$ 2E"+"$4@R !'6e5Y (7)D)*<(5Y"2E52""(52EF<'Y B@?W@? Z;Z;[Z;[=<'2%(*<%'(?"Z53
'< ;`4'2$+%*2%$ A4*Y52'
5*=+' P*+2%4(""T4@RBAR ;+5]*="%&("2< "7("2<D*"5<'2$+%*2%$F<'Y RAB??RW(5Y"Z533"("Z53 '<
klmnoplqrstrupsvmwpxyz{y|{}y}~y|}~
vm
l
v
rwpnq
v
pnwwrwwrnv z}~}|z Item #14. Page 4 Meeting Date: 8/22/2023 / Packet Page #: 452
Item #14. Page 5
Meeting Date: 8/22/2023 / Packet Page #: 453
• •
• •
• •
• •
• •
•
Item #14. Page 6
Meeting Date: 8/22/2023 / Packet Page #: 454
Item #14. Page 7
Meeting Date: 8/22/2023 / Packet Page #: 455
Item #14. Page 8
Meeting Date: 8/22/2023 / Packet Page #: 456
Item #14. Page 9
Meeting Date: 8/22/2023 / Packet Page #: 457
Item #14. Page 10
Meeting Date: 8/22/2023 / Packet Page #: 458
Item #14. Page 11
Meeting Date: 8/22/2023 / Packet Page #: 459
Item #14. Page 12
Meeting Date: 8/22/2023 / Packet Page #: 460
Item #14. Page 13
Meeting Date: 8/22/2023 / Packet Page #: 461
Item #14. Page 14
Meeting Date: 8/22/2023 / Packet Page #: 462
Item #14. Page 15
Meeting Date: 8/22/2023 / Packet Page #: 463
Item #14. Page 16
Meeting Date: 8/22/2023 / Packet Page #: 464
Item #14. Page 17
Meeting Date: 8/22/2023 / Packet Page #: 465
Item #14. Page 18
Meeting Date: 8/22/2023 / Packet Page #: 466
–
–
–
–
–
–
Item #14. Page 19
Meeting Date: 8/22/2023 / Packet Page #: 467
Item #14. Page 20
Meeting Date: 8/22/2023 / Packet Page #: 468
Item #14. Page 21
Meeting Date: 8/22/2023 / Packet Page #: 469
Item #14. Page 22
Meeting Date: 8/22/2023 / Packet Page #: 470
Item #14. Page 23
Meeting Date: 8/22/2023 / Packet Page #: 471
Item #14. Page 24
Meeting Date: 8/22/2023 / Packet Page #: 472
Item #14. Page 25
Meeting Date: 8/22/2023 / Packet Page #: 473

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
Bureau Veritas Technical Assessments, LLC.

Item #14. Page 26
Meeting Date: 8/22/2023 / Packet Page #: 474

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC.

THIS AGREEMENT FOR CONTRACT 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 Bureau Veritas Technical Assessments, LLC. a Maryland limited liability company (“Consultant”). City and Consultant 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. Consultant, 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’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant 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.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” 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, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant 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 Item #14. Page 27
Meeting Date: 8/22/2023 / Packet Page #: 475
standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant 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 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant 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, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant 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. Consultant 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 Consultant 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 Item #14. Page 28
Meeting Date: 8/22/2023 / Packet Page #: 476
DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant 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.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant 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, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant 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 Consultant 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, Consultant 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.”
Consultant’s Authorized Initials ___________________
Item #14. Page 29
Meeting Date: 8/22/2023 / Packet Page #: 477
Erik Piller, Senior Vice President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant 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. Consultant 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. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant 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 Consultant’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.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods 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 may be caused by City’s own negligence.

1.8 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 Item #14. Page 30
Meeting Date: 8/22/2023 / Packet Page #: 478
instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 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 Consultant 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 $238,103.26 (Two hundred thirty eight thousand one hundred three dollars and twenty-six cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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 contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the Item #14. Page 31
Meeting Date: 8/22/2023 / Packet Page #: 479
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 Consultant 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 Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant 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, Consultant 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 subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Item #14. Page 32
Meeting Date: 8/22/2023 / Packet Page #: 480
Consultant 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 Consultant, 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 Consultant, 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 Consultant 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term& Extended 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”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one (1) year Extended Term by giving advance written notice thereof not less than sixty (60) calendar days prior to the expiration of the Term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Erik Piller, Senior Vice President
Matt Munter, Executive Vice President
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 foregoing principals shall be responsible during the term of this Agreement for Item #14. Page 33
Meeting Date: 8/22/2023 / Packet Page #: 481
directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’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 Consultant.

Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Michael Sledd, Assistant Public Works Director or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant 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 Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, 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 Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant 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. Consultant 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Item #14. Page 34
Meeting Date: 8/22/2023 / Packet Page #: 482
/ / /

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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. 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 Consultant, 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 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. Consultant 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 Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant 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 Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Item #14. Page 35
Meeting Date: 8/22/2023 / Packet Page #: 483
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant 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. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant 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.

Item #14. Page 36
Meeting Date: 8/22/2023 / Packet Page #: 484
(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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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 Consultant’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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

Item #14. Page 37
Meeting Date: 8/22/2023 / Packet Page #: 485
(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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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, Consultant 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 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant 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) Consultant 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 Consultant hereunder; and Consultant 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 Consultant 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 Consultant hereunder, Consultant agrees to pay to the City, its officers, Item #14. Page 38
Meeting Date: 8/22/2023 / Packet Page #: 486
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.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant 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 Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the 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 three (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 Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant 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. Consultant 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, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the Item #14. Page 39
Meeting Date: 8/22/2023 / Packet Page #: 487
estimated increased or decreased cost related thereto and, if Consultant 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 Consultant, 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 Consultant 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 Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.

Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant 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) Consultant, 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, 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 Item #14. Page 40
Meeting Date: 8/22/2023 / Packet Page #: 488
performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 Consultant 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; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. 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 Consultant 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 Consultant’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.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (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 Consultant’s acts or omissions in performing or failing to perform Consultant’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 Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Item #14. Page 41
Meeting Date: 8/22/2023 / Packet Page #: 489
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 Consultant 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.

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, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 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 Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant 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 Consultant has initiated termination, the Consultant 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.

7.8 Termination for Default of Consultant.

Item #14. Page 42
Meeting Date: 8/22/2023 / Packet Page #: 490
If termination is due to the failure of the Consultant 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 Consultant 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 Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

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 Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant 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 Consultant’s performance of services under this Agreement. Consultant 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. Consultant 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 affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.

Item #14. Page 43
Meeting Date: 8/22/2023 / Packet Page #: 491
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant 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.

Consultant 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 Consultant 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, Consultant 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 Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

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 Item #14. Page 44
Meeting Date: 8/22/2023 / Packet Page #: 492
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 Consultant 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.

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. Consultant 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.

Consultant 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. Consultant 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.

Consultant’s Authorized Initials ___________________
Erik Piller, Senior Vice President
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) that 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.

Item #14. Page 45
Meeting Date: 8/22/2023 / Packet Page #: 493
[SIGNATURES ON FOLLOWING PAGE]
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:

Bureau Veritas LLC
Name: Erik Piller
Title: Senior Vice President
[email protected]
Name: Matt Munter
Title: Executive Vice President
[email protected]
Address: 6021 University Blvd., Stes. 200-210
Ellicott City MD 21043 USA
Item #14. Page 46
Meeting Date: 8/22/2023 / Packet Page #: 494
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 UNLESS EXECUTED UTILIZING DOCUSIGN. IN

ADDITION, THE 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 #14. Page 47
Meeting Date: 8/22/2023 / Packet Page #: 495
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. The following services for all City sites listed on site list:
i. Program Management
ii. Facility/Site Assessments
iii. Facility/Site Reports
iv. Energy Audit
v. Inventory, CMMS Migration, Barcoding Labels
II. PILOT PROGRAM
To begin the work BVTA proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with Client staff to review the draft report before assessing the remaining buildings. The assessment team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction documents in order to become familiar with, and be able to comment on the in-place construction systems, life safety, mechanical, electrical and plumbing systems, and the general built environment.

III. FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies. As a part of the walk-through survey, the Team will survey 100% of each facility. BVTA will survey the exterior and grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property's historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated. The Team may also question others who are knowledgeable of the property's physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property. The Assessment Team will review documents and information provided by the City's maintenance staff that could aid the knowledge of the property's physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

Item #14. Page 48
Meeting Date: 8/22/2023 / Packet Page #: 496
IV. CONDITION RNKING OF BUILDING SYSTEMS/EQUIPMENT
BVTA can rate the condition of each facility with the below rating system, or another Cityspecified scale: 5 Excellent- No visible defects, new or near new condition, may still be under warranty if applicable. 4 Good - Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal- Defective or deteriorated in need of replacement; exceeded useful life 1 Poor- Critically damaged or in need of immediate repair; well past useful life V. As part of the Services listed in the RFP scope, Consultant will prepare and deliver the following tangible work products to the City for the following sites:

Item #14. Page 49
Meeting Date: 8/22/2023 / Packet Page #: 497
Site List:

Asmt # Bldg # Facility Name Est. SF Address City, State FCA Energy 1 85 SAN GABRIEL WATER YARD- NEW BOOSTER BUILDING AND BOOSTERS 4,500 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 2 86 SAN GABRIEL WATER YARD- NEW PUMP NOS. 1-5 1,260 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 3 81 SAN GABRIEL WATER PLANT - WELL SHED #8E 64 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 4 82 SAN GABRIEL WATER PLANT - WELL SHED #9E 64 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 5 87 SAN GABRIEL WATER YARD- NEW WAREHOUSE 3,000 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 6 80 SAN GABRIEL WATER PLANT-WELL BUILDING #12E 900 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 7 83 SAN GABRIEL WATER YARD- DRAINED VAULT 96 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 8 84 SAN GABRIEL WATER YARD- MANIFOLD 0 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 9 88 SAN GABRIEL WATERYARD-SURGE TANK FLOW METERVAULT 45 625 W. HIDDEN VALLEY DR. Azusa, CA YES YES 10 89 SAN GABRIEL WATER YARD- WELL #SE 180 625 W. HIDDEN VALLEY DR. Azusa, CA 11 90 SAN GABRIEL WATER YARD- WELL 12 FLOW METER VAULT 45 625 W. HIDDEN VALLEY DR. Azusa, CA 12 19 CARLYLE E. LINDER EQUESTRIAN PARK- RESTROOMS CONCESSION 570 1000 N. GLENDORA MOUNTAIN RD. Glendora, CA YES YES 13 2 ART COOK DEMONSTRATION GARDEN 15,000 1021 E SIERRA MADRE AVE Glendora, CA YES YES 14 6 BIG DALTON BOY SCOUT RESERVOIR - DALTON BOOSTER #31E 80 1045 N. GLENDORA MOUNTAIN RD. Glendora, CA YES 15 96 WATER YARD- COUNTRY CLUB BOOSTER STA 22E 23E & 26E 792 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 16 97 WATER YARD - ENGLEWILD BOOSTERS #lOE 13E & 14E 972 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 17 98 WATER YARD- HIDDEN SPRINGS BOOSTERS #llE & 12E 612 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 18 94 WATER DEPARTMENT - OFFICE 6,096 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 19 95 WATER YARD CHEMICAL BUILDING 600 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 20 99 WATER YARD - WAREHOUSE 3,600 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 21 100 WATER YARD-WELL #13E 608 1051 E. SIERRA MADRE AVE. Glendora, CA YES YES 22 59 LPOMPEI MEMORIAL SPORTS PARK- SNACK BAR RESTROOM 1,440 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 23 55 LPOMPEI MEMORIAL SPORTS PARK- BACKSTOPS 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 24 56 LPOMPEI MEMORIAL SPORTS PARK- LIGHTING 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 25 58 LPOMPEI MEMORIAL SPORTS PARK- SCOREBOARDS 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 26 57 LPOMPEI MEMORIAL SPORTS PARK- MAINTENANCE SHED RESTROOM 1,776 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 27 60 LPOMPEI MEMORIAL SPORTS PARK- STORAGE BUILDING 117 1099 S. VALLEY CENTER AVE. Glendora, CA YES YES 28 28 CITY HALL COMPLEX- CITY HALL 18,972 116 S. FOOTHILL BLVD. Glendora, CA YES YES 29 38 ENGLEWILD NORTH - ENGLEWILD BOOSTERS #47E &48E 168 1165 ENGLEWI LD DR. Glendora, CA YES 30 31 CORPORATE YARD - Corp. Yard - FLEET SERVICES 4,392 1250 ST. VLADIMIR ST. Glendora, CA YES YES 31 34 CORPORATE YARD - OLD GAS STATION (FACILITIES SHOP) 576 1250 ST.VLADIMIR ST. Glendora, CA YES YES 32 35 CORPORATE YARD- PAINT AND SIGN SHOP 2,763 1250 ST.VLADIMIR ST. Glendora, CA 33 15 BOOSTER #21E 112 1305 E. GLADSTONE ST. Glendora, CA YES 34 29 CITY HALL COMPLEX- CITY LIBRARY 30,424 140 S. GLENDORA AVENUE Glendora, CA YES YES 35 79 POLICE STATION- Traffic Office 196 150 S. GLENDORA AVE. Glendora, CA YES YES 36 78 POLICE STATION- POLICE STATION 15,343 150 S. GLENDORA AVE. Glendora, CA YES YES 37 75 POLICE STATION - EVIDENCE STORAGE UNIT 616 150 S. GLENDORA AVE. Glendora, CA YES YES 38 76 POLICE STATION - IT OFFICE/STORAGE UNIT 1,628 150 S. GLENDORA AVE. Glendora, CA YES YES 39 77 POLICE STATION - POLICE RECORDS AND STORAGE 608 150 S. GLENDORA AVE. Glendora, CA YES YES 40 73 PAY' N PLAY RACQUETBALL 4,420 155 W. DAWSON AVE. Glendora, CA YES YES 41 74 PLAZA BUS STOP 193 1581/2 GLENDORA AVE. Glendora, CA YES YES 42 39 FINKBINER PARK-AMERICAN LEGION HALL 11,085 159 N. CULLEN AVE. Glendora, CA YES YES 43 40 FINKBINER PARK- BAND SHELL WITH STORAGE 567 160 N. WABASH AVE. Glendora, CA YES YES 44 41 FINKBINER PARK- CHECKOUT RESTROOMS 788 160 N. WABASH AVE. Glendora, CA YES YES 45 43 FINKBINER PARK- LOBB FIELD RESTROOMS 503 160 N. WABASH AVE. Glendora, CA YES YES 46 71 PARKS YARD- PUBLIC WORKS 1,500 1636 COMPROMISE LINE ROAD Glendora, CA YES YES 47 70 PARKS YARD 192 1636 COMPROMISE LINE ROAD Glendora, CA YES YES 48 72 PARKS YARD- STORAGE BUILDING 972 1636 COMPROMISE LINE ROAD Glendora, CA YES YES 49 46 FINKBINER PARK-SKATE PARK 13,450 166 N. MINNESOTA Glendora, CA YES YES 50 47 FINKBINER PARK- TENNIS COURTS (2) 14,400 166 N. MINNESOTA Glendora, CA YES YES Item #14. Page 50
Meeting Date: 8/22/2023 / Packet Page #: 498
51 11 BIG DALTON GARAGE 437 1803 BIG DALTON CANYON RD. Glendora, CA YES YES 52 12 BIG DALTON RESIDENCE l 1,632 1803 BIG DALTON CANYON RD. Glendora, CA YES YES 53 13 BIG DALTON RESIDENCE 2 432 1803 BIG DALTON CANYON RD. Glendora, CA YES YES 54 42 FINKBINER PARK- LIBERTY HOUSE 1,012 181 NORTH CULLEN Glendora, CA YES YES 55 44 FINKBINER PARK- RESTROOM BUILDING 396 181 NORTH CULLEN Glendora, CA YES YES 56 51 HIGH CREST BOOSTER - BOOSTER #24E 25E 234 18610 E. HICREST RD. Glendora, CA YES 57 63 MUNICIPAL GOLF COURSE- CITY YARD GARAGE 360 200 W. DAWSON AVE. Glendora, CA YES YES 58 67 MUNICIPAL GOLF COURSE- RESTROOMS 452 200 W. DAWSON AVE. Glendora, CA YES YES 59 66 MUNICIPAL GOLF COURSE- PRO SHOP 1,190 200 W. DAWSON AVE. Glendora, CA YES YES 60 65 MUNICIPAL GOLF COURSE- MAINTENANCE SHED 2,802 200 W. DAWSON AVE. Glendora, CA YES YES 61 64 MUNICIPAL GOLF COURSE- CITY YARD STORAGE SHED 120 200 W. DAWSON AVE. Glendora, CA YES YES 62 37 DAWSON AVENUE PARK- TENNIS COURT COMPLEX (6 COURTS) 201 DAWSON AVE. Glendora, CA YES YES 63 l ARBORETUM PARK 201 W. GLADSTONE STREET Glendora, CA YES YES 64 9 BIG DALTON CANYON PARK DAYCAMP CABIN 954 2041 BIG DALTON CANYON RD. Glendora, CA YES YES 65 10 BIG DALTON CANYON PARK - DAYCAM P RESTROOMS 280 2041 BIG DALTON CANYON RD. Glendora, CA YES YES 66 68 OLD CHAMBER OF COMMERCE 2,116 224 N. GLENDORA AVE. Glendora, CA YES YES 67 4 BASEBALL & TRAIN ING CENTER 18,352 2244 E. ROUTE 66 Glendora, CA YES YES 68 30 CITY NURSERY 20,800 240 W DAWSON AVE. Glendora, CA YES YES 69 36 CROWTHER TEEN AND FAMILY CENTER 12,970 241 W. DAWSON AVE. Glendora, CA YES YES 70 8 BIG DALTON CANYON PARK- CAMPGROUND 250 2900 BIG DALTON CANYON ROAD Glendora, CA YES YES 71 52 HISTORICAL SOCIETY MUSEUM 4,200 314 N. GLENDORA AVE. Glendora, CA YES YES 72 54 LA FETRA SENIOR CENTER 16,780 333 E. FOOTHILL BLVD. Glendora, CA YES YES 73 69 OLE HAMMER PARK 73,325 359 N LIVE OAK AVE Glendora, CA YES YES 74 61 M RANCH RESERVOIR & BOOSTER- BOOSTERS #44E 45E & 46E 0 405 N. MORGAN RANCH RD. Glendora, CA YES 75 62 RESERVOIR 3 (2.5 MILLION GALLONS) 0 405 N. MORGAN RANCH RD. Glendora, CA YES 76 93 TRANSPORTATION CENTER- GARAGE 755 410 E DALTON AVE. Glendora, CA 77 92 TRANSPORTATION CENTER 2,501 410 E DALTON AVE. Glendora, CA YES YES 78 45 FINKBINER PARK- ROTARY SCOUT HUT 2,220 435 E. DALTON AVE. Glendora, CA YES YES 79 48 FINKBINER PARK-YOUTH CENTER 5,336 437 E. DALTON AVE. Glendora, CA YES YES 80 33 CORPORATE YARD - OFFICE/GARAGE 1,516 440 S. LORAINE AVE. Glendora, CA YES YES 81 32 CORPORATE YARD - LOCKER BUILDING 1,220 440 S. LORAINNE AVE. Glendora, CA YES YES 82 5 BIG DALTON BOY SCOUT RESERVOIR - BOY SCOUT BOOSTER #56E 5002 E. BIG DALTON CANYON RD. Glendora, CA YES 83 102 WELL #14 480 515 LEADORAAVENUE Glendora, CA YES
84 104 WILLOW SPRINGS PARK 53,365 515 N WILLOW SPRINGS LANE Glendora, CA YES YES 85 49 GLADSTONE PARK- RESTROOMS 365 600 E. GLADSTONE ST. Glendora, CA YES YES 86 18 BOOSTERS26E&27E-BOOSTER#26E27E 192 658 E. PALM AVE. Glendora, CA YES 87 14 BIG TREE PARK 25,000 665 S. SANTA FE AVENUE Glendora, CA YES YES 88 91 SOUTH HILLS PARK- RESTROOMS 374 701 E MAUNA LOA AVE Glendora, CA YES 89 53 HOOK CANYON BOOSTER - BOOSTERS #52E 53E 324 701 W. SIERRA MADRE AVE. Glendora, CA 90 23 CENTENNIAL HERITAGE PARK- PRINT SHOP 632 725 E. MAU NA LOA AVE. Glendora, CA YES YES 91 20 CENTENNIAL HERITAGE PARK- CITRUS SNACK STAND 74 725 E. MAU NA LOA AVE. Glendora, CA YES YES 92 22 CENTENNIAL HERITAGE PARK- HAMILTON HOUSE 857 725 E. MAU NA LOA AVE. Glendora, CA YES YES 93 24 CENTENNIAL HERITAGE PARK- RESTROOMS 365 725 E. MAU NA LOA AVE. Glendora, CA YES YES 94 21 CENTENNIAL HERITAGE PARK- ENGLEHART SHED 154 725 E. MAU NA LOA AVE. Glendora, CA YES YES 95 25 CENTENNIAL HERITAGE PARK- STORAGE 185 725 E. MAU NA LOA AVE. Glendora, CA YES YES 96 103 WELL #2E 168 801 N. LORAINE AVE. Glendora, CA YES 97 17 BOOSTERS #30E & 34E 144 AMELIAS FOOTHILL CTR Glendora, CA YES 98 7 BIG DALTON CANYON DAY CAMP GIRL SCOUT CABIN 1,309 BIG DALTON CANYON ROAD Glendora, CA YES YES 99 3 AZUSA PACIFIC BOOSTERS- BOOSTERS #29E &41E 80 GRAND AVE N SIERRA MADRE Glendora, CA YES 100 101 WELL #lOE - WELL #lOE 84 LEADORA & LIVE OAK Glendora, CA YES 101 26 CHURCH PARKING LOT MOUNTAIN VIEW & CULLEN Glendora, CA YES 102 27 CITY BASEBALL FIELD AT MANOOSHIAN MS NORTH OF WELL AIN: 8648001800 Glendora, CA YES 103 16 BOOSTER #28E OAK KNOLL DR & HIGHLAND DR Glendora, CA YES 104 50 GLENDORA URBAN TRAIL SUNFLOWER & GLADSTONE Glendora, CA YES 105 107 DUELL ST DUELL ST AT AMELIA Glendora, CA YES
106 109 GLADSTONE ST GLADSTONE AT GRAND Glendora, CA YES 107 105 AUTO CENTER DRIVE Glendora, CA YES
108 106 BASELINE ROAD Glendora, CA YES
109 108 FOOTHILL MEDIAN PLANTERS Glendora, CA YES
110 110 GRAND AVE Glendora, CA YES
111 111 LONE HILL AVE Glendora, CA YES
112 112 ROUTE 66 Glendora, CA YES
Item #14. Page 51
Meeting Date: 8/22/2023 / Packet Page #: 499
VI. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. During the term of the project, BVTA will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. BVTA will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BVTA will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.

B. BVTA has allocated time for regular teleconference meetings and the following meetings: Kick-Off Meeting (teleconference) and a Final Findings Presentation meeting.

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

VIII. Consultant will utilize the following personnel to accomplish the Services:

A. Erik Piller, Senior Vice President
Item #14. Page 52
Meeting Date: 8/22/2023 / Packet Page #: 500
01240.0001/535308.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. [Page intentionally left blank]
Item #14. Page 53
Meeting Date: 8/22/2023 / Packet Page #: 501
01240.0001/535308.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

DESCRIPTION RATE TIME SUB-BUDGET
A. Program Mgmt. Lump sum 120-180
calendar days
$16,719.10
B. Facility/Site
Assessments
Lump sum 120-180
calendar days
$32,120.00
C. Facility/Site
Reports
Lump sum 120-180
calendar days
$119,225.00
D. Energy Audit Lump sum 120-180
calendar days
$51,730.00
E. Inventory,
CMMS Migration Lump sum 120-180 $18,309.16
calendar days
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant 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.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

Item #14. Page 54
Meeting Date: 8/22/2023 / Packet Page #: 502
01240.0001/535308.1 D-1
EXHIBIT “D”

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

Description Days to Perform
A. Program Mgmt. 120-180 calendar
days
$16,719.10
B. Facility/Site
Assessments
120-180 calendar
days
$32,120.00
C. Facility/Site
Reports
120-180 calendar
days
$119,225.00
D. Energy Audit 120-180 calendar
days
$51,730.00
E. Inventory,
CMMS Migration 120-180 $18,309.16
calendar days
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Energy Audits within 180 days of contract execution
B. Draft site reports within 180 days of contract execution C. Final site reports within 180 days of contract execution III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item #14. Page 55
Meeting Date: 8/22/2023 / Packet Page #: 503

AWARD THE CONTRACT TO BUREAU VERITAS

TECHNICAL ASSESSMENT, LLC FOR FACILITIES

CONDITION ASSESSMENT IN THE AMOUNT OF
$235,987.86.

Public Works
City Council
August 22, 2023
Michael Sledd, Assistant Public Works Director
CityOfGlendora.org
Item #14. Page 56
Meeting Date: 8/22/2023 / Packet Page #: 504
2 City-wide Facilities Condition Assessment
• A request for proposals was completed for the “City Facilities Condition Assessment” in July 2022. • The intent of this project is for the consultant to identify the current physical condition of each building system or asset in accordance with a condition rating scale to be determined in collaboration with the City.
• This will include comprehensive documentation to identify existing deficiencies with recommendations for corrective actions.

Item #14. Page 57
Meeting Date: 8/22/2023 / Packet Page #: 505
3 City-wide Facilities Condition Assessment
• Sixteen (16) companies purchased the RFP and five (5) companies submitted proposals. • Staff reviewed and scored the proposal for content, scope, and qualifications. • Bureau Veritas Technical Assessment, LLC submitted an extensive proposal that was deemed the most appropriate to satisfy the City’s full scope needed for this effort and is recommended to perform this project with a cost of $235,987.86. o The RFP also requested to provide a Computer Maintenance Management Software (CMMS) o The consultant proposed using Brightly Software for $26,710.58 (not needed) Contractor Location Amount Score

1. Marx Okubo Santa Ana, CA $180,100.00 75

2. Bureau Veritas Irvine, CA $262,698.44 84

3. VFA (Gordian) Greenville, SC $308,676.00 69

4. Noresco Costa Mesa, CA $409,211.00 75

5. AEI Torrance, CA $615,850.00 78
Item #14. Page 58
Meeting Date: 8/22/2023 / Packet Page #: 506
4 City-wide Facilities Condition Assessment
• Bureau Veritas will provide a capital plan report reflecting a 5, 10, or 20-year capital plan based on their 20-year building system evaluation.
• The evaluation and assessment will include program management, facility and site assessments and thorough reporting for one-hundred and twelve (112) locations, including applicable energy audits and projections for deficiency costs.
• These assessments and projections will be critical and are necessary for future capital improvement project prioritization for our City facilities.

Item #14. Page 59
Meeting Date: 8/22/2023 / Packet Page #: 507
5 RECOMMENDATIONS

1. Award the contract to Bureau Veritas Technical Assessment, LLC for City Facilities Condition Assessment in the amount of $235,987.86; and

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

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

That the City Council:

Item #14. Page 60
Meeting Date: 8/22/2023 / Packet Page #: 508

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: AUGUST 22, 2023
FROM: PUBLIC WORKS DISTRICT(S): 4
SUBJECT: APPROVE AGREEMENT WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL INC. FOR AN EMERGENCY STREET REPAIR AT 1105 EAST ROUTE 66 IN THE AMOUNT OF $76,756.10 (STRATEGIC PLAN GOAL 5)

RECOMMENDATION
That the City Council:

1. Approve Agreement with Horizons Construction Company International Inc. for an Emergency Street Repair at 1105 East Route 66 in the amount of $76,756.10;

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

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

EXECUTIVE SUMMARY
On June 23, 2023, Public Works Water Division crews responded to a suspected sink hole at 1105 East Route 66. After thorough inspection, staff determined the confirmed damage was caused by a leak that was not surfacing, but continuing to run underneath the pavement.

Given the location on a major thoroughfare and the necessary lane closure, staff contacted the approved on-call asphalt repair contractor, Horizons Construction Company International, Inc. (Horizons) for an emergency repair proposal. Due to the extent of the damage, aspects of this particular repair scope fell outside the current on-call contract scope.

Horizons is an approved City on-call contractor and also has a competitively bid agreement with Sourcewell. Sourcewell is a local government unit, public corporation, and public agency. Sourcewell was created by state law as a service cooperative with a statutory purpose to assist public agencies in meeting specific needs which are more efficiently delivered cooperatively than by an entity individually.

In order to address the emergent repairs and public safety issue, staff elected to move forward with the repairs as quickly as possible.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code (GMC) Section 2.40.050 authorizes the City to authorize emergency procurement and further authorizes the finding of an “emergency” warranting immediate procurement in circumstances where there is a breakdown in machinery, facilities or essential services which requires the immediate procurement of goods, services, or construction to protect the public health, welfare, safety, property, or personal/confidential information.

Additionally, per GMC Section 2.40.050(4), “Purchases made at contract prices awarded by federal or state governments or by any political subdivision thereof or pursuant to a cooperative purchasing agreement” are exempt from GMC Sections 2.40.070 and 2.40.080 regarding informal purchasing and formal contract procedures, respectively.

Item #15. Page 1
Meeting Date: 8/22/2023 / Packet Page #: 509
Staff Report Page 2 of 3
Sourcewell is a local government unit, public corporation, and public agency pursuant to the Minnesota Constitution and Minnesota Statutes §123A.21. Sourcewell was created by state law as a service cooperative with a statutory purpose to assist public agencies in meeting specific needs which are more efficiently delivered cooperatively than by an entity individually. Sourcewell cooperative purchasing contracts are made available to participating agencies through Minnesota Statutes §471.59, and Sourcewell clients can utilize cooperative purchasing contracts through similar laws in their respective jurisdiction. Participating agencies include all eligible government, education, and nonprofit agencies nationwide, and in Canada.

Glendora is a participating Sourcewell agency (Member ID#94382). Horizons was awarded a competitively bid IQC agreement by Sourcewell for the Southern Coastal & Interior Region covering Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties on August 28, 2019. The current extension is active through January 31, 2024.

DISCUSSION
On June 23, 2023, Public Works Water Division crews responded to a sink hole at 1105 East Route 66.

After thorough inspection, staff determined the road damage was caused by a leak that had not surfaced, but was continuing to run underneath the pavement.

Staff were able to expeditiously repair the leak and make the area safe. However, the road had partial lane closures and needed significant repairs, as the water leak had moved the subgrade materials in the southwest direction.

Given the location on a major thoroughfare and the necessary lane closure, staff contacted the approved on-call asphalt repair contractor, Horizons, for an emergency repair proposal. Due to the extent of the damage, aspects of this particular repair scope fell outside the current on-call contract scope.

An area of 18’ wide and 35’ long was exposed to evaluate the subgrade compaction. Horizons was able to remove the subgrade to a depth of 24”-36” and compact back to 90%. It was then backfilled with aggregate base 12” thick with 4”-6” of asphalt concrete on top. Slurry backfill was not recommended considering the different underground utilities in that location.

Repairs were completed on July 10, 2023. In order to address the emergent repairs and public safety issue, staff elected to move forward with the repairs as quickly as possible. Staff is recommending City Item #15. Page 2
Meeting Date: 8/22/2023 / Packet Page #: 510
Staff Report Page 3 of 3
Council consideration and approval of the agreement with Horizons for this emergency street repair on East Route 66.

FISCAL IMPACT
Sufficient funds are budgeted for this emergency repair in the Water Operations Contract Services account.

ENVIRONMENTAL DETERMINATION
Not applicable.

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

A. Agreement
B. Sourcewell Contract
C. Sourcewell Extension
Item #15. Page 3
Meeting Date: 8/22/2023 / Packet Page #: 511

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
HORIZONS CONSTRUCTION COMPANY INTERNATIONAL INC.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 4
Meeting Date: 8/22/2023 / Packet Page #: 512
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

PUBLIC WORKS AGREEMENT

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

THIS PUBLIC WORKS AGREEMENT (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Glendora, a California municipal corporation (“City”) and Horizons Construction Company International Inc., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 5
Meeting Date: 8/22/2023 / Packet Page #: 513
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Route 66 Emergency Work, 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 accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 6
Meeting Date: 8/22/2023 / Packet Page #: 514
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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 _______________
Kinan Kotrash
Vice President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 7
Meeting Date: 8/22/2023 / Packet Page #: 515
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

1.5 Licenses, Permits, Fees and Assessments.

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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 8
Meeting Date: 8/22/2023 / Packet Page #: 516
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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 shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 9
Meeting Date: 8/22/2023 / Packet Page #: 517
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 10
Meeting Date: 8/22/2023 / Packet Page #: 518
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 (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 $76,756.10 (Seventy six thousand seven hundred fifty-six dollars and ten cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 11
Meeting Date: 8/22/2023 / Packet Page #: 519
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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.

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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 12
Meeting Date: 8/22/2023 / Packet Page #: 520
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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
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) yearr from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for one(1) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

Kinan Kotrash, Vice President
Kinan Kotrash, 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.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 13
Meeting Date: 8/22/2023 / Packet Page #: 521
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

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

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for 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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 14
Meeting Date: 8/22/2023 / Packet Page #: 522
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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.

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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 15
Meeting Date: 8/22/2023 / Packet Page #: 523
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 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.
(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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 16
Meeting Date: 8/22/2023 / Packet Page #: 524
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance 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.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 17
Meeting Date: 8/22/2023 / Packet Page #: 525
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

5.3 Indemnification.

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

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or 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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 18
Meeting Date: 8/22/2023 / Packet Page #: 526
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

5.5 Performance and Labor Bonds.

5.6 Sufficiency of Insurer or Surety.

5.7 Substitution of Securities.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 19
Meeting Date: 8/22/2023 / Packet Page #: 527
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

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.

6.2 Reports.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 20
Meeting Date: 8/22/2023 / Packet Page #: 528
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023

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.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 21
Meeting Date: 8/22/2023 / Packet Page #: 529
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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 DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 22
Meeting Date: 8/22/2023 / Packet Page #: 530
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Liquidated Damages.

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

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, DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 23
Meeting Date: 8/22/2023 / Packet Page #: 531
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

7.10 Attorneys’ Fees.

7.11 Unfair Business Practices Claims.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 24
Meeting Date: 8/22/2023 / Packet Page #: 532
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

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

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 25
Meeting Date: 8/22/2023 / Packet Page #: 533
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

9.2 Interpretation.

9.3 Counterparts.

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

9.4 Integration; Amendment.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 26
Meeting Date: 8/22/2023 / Packet Page #: 534
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor’s Authorized Initials ___________________
Kinan Kotrash
Vice President

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 27
Meeting Date: 8/22/2023 / Packet Page #: 535
Horizons Construction - Route 66 Emergency Street Repair – 08.22.2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Horizons Construction Company International Inc.,
A California Corporation
Name: Kinan Kotrash
Title: Vice President and Secretary
[email protected]
Address: 432 W. Meats Ave, Orange, CA 92865
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Jul 20, 2023 | 11:37 AM PDT
Item #15. Page 28
Meeting Date: 8/22/2023 / Packet Page #: 536
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 Route 66 Emergency Repairs including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The Scope of Work entails removing existing asphalt concrete pavement and constructing new asphalt pavement, excavating and haul away of dirt, grinding asphalt, placing base with geofabric, and traffic control.

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

A. Report of work completion.

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.

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 29
Meeting Date: 8/22/2023 / Packet Page #: 537
01240.0001/535311.1 B-1
EXHIBIT “B”

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

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

Section 7.7 – Liquidated Damages is hereby amended to read as follows:
“Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $______ (__________ Dollars) 10% (ten percent) of the task amounts set forth in Exhibit “C” for which there has been an unapproved delay in performance as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project any one task set forth in Exhibit “C” when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.”
DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 30
Meeting Date: 8/22/2023 / Packet Page #: 538
01240.0001/535311.1 C-1
EXHIBIT “C”

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

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

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 31
Meeting Date: 8/22/2023 / Packet Page #: 539
01240.0001/535311.1 C-2
III. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

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

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

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

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

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 32
Meeting Date: 8/22/2023 / Packet Page #: 540
01240.0001/535311.1
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. Complete the Route
66 emergency repairs
beginning July 5th,
2023
Two (2) July 7th, 2023
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

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

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 33
Meeting Date: 8/22/2023 / Packet Page #: 541
01240.0001/535311.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Route 66 Emergency Repairs – July 5th, 2023
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 34
Meeting Date: 8/22/2023 / Packet Page #: 542
01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:

NOTICE:

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 35
Meeting Date: 8/22/2023 / Packet Page #: 543
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 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: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 36
Meeting Date: 8/22/2023 / Packet Page #: 544
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 37
Meeting Date: 8/22/2023 / Packet Page #: 545
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: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 38
Meeting Date: 8/22/2023 / Packet Page #: 546
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

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

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: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 39
Meeting Date: 8/22/2023 / Packet Page #: 547
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 40
Meeting Date: 8/22/2023 / Packet Page #: 548
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: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 41
Meeting Date: 8/22/2023 / Packet Page #: 549
01240.0001/535311.1

ADDITIONAL INSURED ENDORSEMENT

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 42
Meeting Date: 8/22/2023 / Packet Page #: 550
01240.0001/535311.1

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

DocuSign Envelope ID: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 43
Meeting Date: 8/22/2023 / Packet Page #: 551
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: BB0F2C57-3504-4A65-99AC-90006E6723FC Item #15. Page 44
Meeting Date: 8/22/2023 / Packet Page #: 552
Rev. 4/2021 Sourcewell IFB #CA-123021
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Page 1 ends

Glendora City CouncilAugust 22, 2023

Glendora City Council
August 22, 2023