Agenda packet — Glendora City Council, March 12, 2024

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MARCH 12, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.

Glendora regularly scheduled public meetings are conducted utilizing a hybrid format and will take place in accordance with the requirements of the Ralph M. Brown Act. To participate virtually, download zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or zoom.us/j/9329247224. The teleconferencing procedures followed relating to elected and/or appointed officials’ participation in public meetings will comply with Government Code §54953 et seq.

MAYOR/CHAIR
Mendell Thompson, District 5

MAYOR PRO TEM/VICE-CHAIR
David Fredendall, District 2

COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Gary Boyer, District 3
Karen Davis, District 4

MEETING SCHEDULE
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence as early as 5:00 PM, when scheduled, and general business session will commence at 7:00 PM.

BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31.

City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at
cityofglendora.org/citymeetings.

Meeting Date: 3/12/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MARCH 12, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
5:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 5:00 PM, when scheduled, and General Business Session will commence at 7:00 PM.

NOTICE IS FURTHER GIVEN that to participate virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224

CALL TO ORDER

ROLL CALL

CLOSED SESSION
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 PM, when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with Azusa Unified School District, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Danny Aleshire, Jeff Kugel, and Moises Lopez regarding that certain real property 1134 S. Barranca Avenue, APN 832-001-900 (approx. 9.07 acres). The City’s real property negotiators will seek direction from the City Council regarding the terms of sale for the property.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with Glendora Unified School District, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Danny Aleshire, Jeff Kugel, and Moises Lopez regarding that certain real properties Glendora Unified School District APN 8646-021-901 (Approx. 1.04 acres); APN 8661-001-900 (Approx. 10.44 acres); and APN 8640-006-901 (Approx. 9.44 acres). The City’s real property negotiators will seek direction from the City Council regarding these properties.

INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation.
 Invocation
 Pledge of Allegiance

REORDERING OF AND ADDITIONS TO THE AGENDA
Meeting Date: 3/12/2024 / Packet Page #: 2

PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.

Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both on- and offagenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

3. Public Comments received

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

4. Glendora Motel

PUBLIC HEARINGS
Public hearings shall conform to the protocol established to conduct of public meetings, proceedings, and business in the City of Glendora. Following presentation of the staff report, the applicant/appellant will be allowed ten (10) minutes in which to make a presentation. Following the presentation of the applicant/appellant public testimony share be called, each speaker is limited to three (3) minutes, speaking once. The Presiding Officer may permit a five (5) minute rebuttal/summation by a representative of applicant/appellant. The public hearing will then be closed, and no member of the public shall be allowed to speak further unless, upon motion, and the public hearing is reopened by the governing body. Any person desiring to provide testimony during a Public Hearing item shall make his/her presence known to the Presiding officer. Speakers are entitled to submit written or other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record.

PLEASE NOTE: If you challenge any of the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

5. Consideration of Activity Proposed for the Annual Action Plan FY 2024-2025 for the Community Development Block Grant (CDBG) Program and a Substantial Amendment to the FY 2023-2024 CDBG Annual Action Plan
CITY RECOMMENDATION: Open and Conduct the Public Hearing, accept evidence and testimony presented, close the hearing and in the absence of evidence and testimony to the contrary, consider the following: 1. Review and accept the activity and projects to be included in the FY 2024-2025 CDBG One-Year Action Plan; 2. Consider a Substantial Amendment to the FY 2023-2024 CDBG Annual Action Plan; and 3. Commence the required 30-day public comment period for both the FY 24-25 Plan and FY 23-24 Amendment.

CONSENT CALENDAR
Items on the Consent Calendar will be enacted by one motion without individual discussion. There will be no separate discussion of these items unless a member of the governing body requests specific item(s) be removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be considered after the Consent Calendar is approved. Anyone wishing to address a Consent Calendar item should do so during the Public Comment Period.

6. Affirm the Minutes from February 13, 2024 Special and Regular City Council Meetings CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Affirm the Minutes as presented.

7. Review and Affirm Disbursements for February 2024 in the amount of $7,220,696.32 CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Review and affirm disbursements for February 2024 in the amount of $7,220,696.32.

Meeting Date: 3/12/2024 / Packet Page #: 3

8. Notices of Completion of Louie Pompei Memorial Sports Park Artificial Turf Conversion and Replacement Projects
CITY RECOMMENDATION: 1. Approve and Accept the completion of the Artificial Turf Replacement of Field 3 at Louie Pompei Memorial Sports Park by FieldTurf USA, Inc; 2. Approve and Accept the completion of the Artificial Turf Conversion of Fields 1, 2, 4, and 5 at Louie Pompei Memorial Sports Park by Ohno Construction Company; and 3. Authorize the Mayor to sign the Notices of Completion for recordation.

9. Declare Listed Vehicles as Surplus Property and Authorize Staff to Sell at Auction or Dispose as Necessary
CITY RECOMMENDATION: 1. Declare the vehicles and equipment listed in the staff report as surplus and authorize staff to sell said vehicles and equipment at auction or dispose as deemed necessary.

UNFINISHED BUSINESS

10. City of Glendora Rebranding Update
CITY RECOMMENDATION: 1. Provide input and direct staff to move forward with the proposed Glendora Rebrand Logo Concept.

NEW BUSINESS

11. Award the Construction Contract to Ruiz Concrete and Paving Inc. for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Avenue Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 in an amount not to exceed $290,307 CITY RECOMMENDATION: 1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations; 2.

Award the Construction Contract to Ruiz Concrete and Paving Inc. for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Avenue Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 in the amount of $263,915; 3. Authorize any necessary change orders in an amount not to exceed 10% of the original contract amount or $26,400; 4. Authorize a supplemental appropriation from Fund 256 RMRA (SB1) to the project budget in the amount of $135,800; and 5. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

12. Award a Construction Contract with Kalban, Inc. for the Curb Ramp Project in an amount not to exceed $269,148
CITY RECOMMENDATION: 1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations; 2.

Approve the Construction Contract to Kalban, Inc. for the Curb Ramp Project, FY 2023-2024 in the amount of $244,680 with a 10% contingency in the amount of $24,468 for a total amount not to exceed of $269,148; 3. Authorize change orders in an amount not to exceed 10% ($24,468) of the contract amount of $244,680; 4. Authorize a supplemental appropriation from Fund 285 Community Development Block Grant (CDBG) available balance in the amount of $29,993; and 5. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

Meeting Date: 3/12/2024 / Packet Page #: 4

13. Approve an Amended and Restated City Manager Employment Agreement CITY RECOMMENDATION: 1. Approve the Amended and Restated City Manager Employment Agreement and 2. Authorize the Mayor to execute the same following approval as to form by the City Attorney.

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Dated: March 8, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 3/12/2024 / Packet Page #: 5

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF ACTIVITY PROPOSED FOR THE ANNUAL ACTION PLAN FY 2024- 2025 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND A SUBSTANTIAL AMENDMENT TO THE FY 2023-2024 CDBG ANNUAL ACTION PLAN

RECOMMENDATION
That the City Council:

Open and Conduct the Public Hearing, accept evidence and testimony presented, close the hearing and in the absence of evidence and testimony to the contrary, consider the following:

1. Review and accept the activity and projects to be included in the FY 2024-2025 CDBG One-Year Action Plan;

2. Consider a Substantial Amendment to the FY 2023-2024 CDBG Annual Action Plan; and

3. Commence the required 30-day public comment period for both the FY 24-25 Plan and FY 23-24 Amendment.

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)  Goal 3: Enhance Employee Development and Retention (EEDR)  Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)  Goal 7: Enhance Community Engagement and Presence (ECEP)

EXECUTIVE SUMMARY
The Community Development Block Grant (CDBG) entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderateincome persons. The U.S. Department of Housing and Urban Development (HUD) administers this program and determines the amount of each jurisdiction’s grant by using a formula comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas.

The City of Glendora annually receives a CDBG entitlement allocation and is therefore required to apply for funding directly to HUD by way of submitting an Annual Action Plan. The Annual Action Plan provides information on the projects and activities that are proposed to be carried forward with the allocated funding. At this time, HUD has not yet released CDBG funding allocations for the FY 2024-2025, however the City must meet certain statutory deadlines in submitting its Annual Acton Plan while allowing for a 30- day citizen participation period. Staff is estimating an allocation of $289,933 based on last year’s allocation. In addition to the annual allocation, the City has $171,577 in Program Income to use for FY 2024-2025 activities. The combination of the Program Income and anticipated entitlement allocation, result in a total of $461,510 expected to be available in FY 2024-2025.

Item #5. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 6
Staff Report Page 2 of 5
Additionally, staff is proposing Council consider a substantial amendment to last year’s FY 2023-2024 Annual Action Plan in order to increase the amount of funding allocated to the Public Works infrastructure project. The amendment proposes the allocation to be increased from $231,946 to $286,870.

This first required Public Hearing identifies the projects and activities for which the FY 2024-2025 entitlement funding will be allocated and details the proposed amendment to the FY23-24 Plan. The draft FY 2024-2025 Annual Action Plan and the draft FY 2023-2024 Substantial Amendment will be available for public review for a 30-day period allowing for citizen participation from March 22, 2024 through April 23, 2024. A second Public Hearing will be held on April 23, 2024, to approve submittal of the Annual Action Plan and Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The CDBG Program is authorized under Title I of the Housing and Community Development Act of 1974.

At the May 9, 2023 City Council Meeting, the City Council approved the current CDBG Five Year 2023 – 2028 Consolidated Plan, which included the FY 2023-2024 Annual Action Plan.

DISCUSSION
Consolidated Plan: Every five years, the CDBG program requires the City to adopt a "Consolidated Plan," which establishes the goals of the City’s CDBG program. The established goals are required to meet one of three CDBG National Objectives:

1. Provide a benefit to low and moderate income persons;

2. Eliminate slum and blight;

3. Meet an urgent community need.

During the development of the 2023-2028 Consolidated Plan, which outlines the basis for establishing objectives and outcomes in the Strategic Plan and five (5) subsequent Annual Action Plans, the following priority needs, and objectives were established:

1. Infrastructure and Public Facilities: Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents.

2. Economic and Human Development: Provide for the economic development needs of low- and moderate- income persons and neighborhood target areas.

3. Public Services: Provide supportive services for the City’s low- and moderate-income residents and persons with special needs.

4. Fair Housing: Promote fair and equal housing choice for all persons.

5. Administration and Planning: Provide for administration and planning activities to carry out actions that address identified needs in the Consolidated Plan.

These established Priority Needs form the basis for allocating CDBG investments geographically within the City during the 2023-2028 five-year period and are a result of various community outreach efforts and consultation meetings developed under the Citizen Participation process.

Only eligible activities that received a High priority level in the 2023-2028 Consolidated Plan will be funded during the five-year period.
2024 – 2025 Annual Action Plan:

The Annual Action Plan is part of the Five-Year Consolidated Plan and serves as the City’s application for funding from HUD. As of the writing of this report, HUD has not yet released the funding allocations for the 2024 - 2025 CDBG program, therefore the draft report will be prepared with an estimated $289,933 CDBG allocation for program year 2024 - 2025, based on last year’s allocation. The Annual Plan will be updated once HUD issues the actual allocation to reflect 20% of the allocated amount towards Item #5. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 7
Staff Report Page 3 of 5
administration and fair housing and 80% of the allocated amount towards infrastructure. In addition to the $289,933 of CDBG funds expected in 2024 – 2025, the City also has $171,577 in Program Income to use for FY 2024-2025 activities for a total amount of $461,510 expected to be available in FY 2024-2025.

CDBG 2024-2025 Entitlement Allocation: $289,933 (estimate) Available Program Income: $171,577
Total: $461,510
This funding may be allocated to the following types of eligible projects:

1. Acquisition by purchase, long-term lease, and donation of real property for an eligible public purpose.

2. Disposition of real property acquired under the CDBG Program.

3. Construction and Rehabilitation of certain publicly owned facilities, such as (a) senior citizen centers; (b) parks and playgrounds; (c) community centers; (d) fire protection facilities and equipment; (e) sidewalks and street improvements; (f) water and sewer systems.

4. Rehabilitation of publicly and privately owned housing for low-and moderate-income households.

5. Public Services that are new or expanding and directed toward meeting employment, crime prevention, childcare, drug abuse prevention, homeless assistance, or other community service needs.

6. Removal of Architectural Barriers that restricts the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned buildings, facilities, and improvements.

7. Special Economic Development Activities that provide grants, loan guarantees and other forms of necessary or appropriate support to private “for profit” businesses to provide increasing employment opportunities and other public benefit.

While funding amounts are somewhat flexible, there are statutory limitations that restrict the amount of funding for Planning and Administration costs to not more than 20 percent of the annual grant allocation and limit public services to 15 percent of the annual grant allocation.

The City received three applications for 2024-2025 CDBG funding: one from the Housing Rights Center; one from the Public Works Department; and one from BOOST, a For-Profit organization. Staff is required to prioritize funding based on the Five-Year Consolidated Plan (2023 - 2028) and verify those projects meet a CDBG National Objective. Based on the limited amount of resources available to the City, statutory restrictions, and the Priority Needs established, staff recommendations for the program year 2024 - 2028 CDBG One-Year Annual Action Plan can be found on the following page:

ACTIVITY-PROJECT
Amount
(estimated)
Entitlement Allocation
Percentage
(actual)
General CDBG Administration $37,986
Fair Housing $20,000
Administration and Fair Housing Sub-Total: $57,986 20%
2024-2025 Street Improvement/Accessibility Project
Allocation Amount: $231,947 80%
Program Income: $171,577 *
Infrastructure Sub-Total: $403,524
TOTAL CDBG BUDGET FOR FISCAL YEAR 2024 - 2025: $461,510 100% *plus program income
Item #5. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 8
Staff Report Page 4 of 5
The application received from BOOST is not recommended for funding as City encourages non-profits to apply. The BOOST program offers assistance to microenterprises by way of technical assistance and does not directly provide monetary support to the microenterprises or families of low-moderate income households.

The CDBG annual allocation dedicated to planning and administration activities for the upcoming year will be 20%. The allocation for planning and administration is not subject to the requirement of benefiting lowand moderate-income persons. General CDBG Administration accounts for a consultant and staff time needed to administer the program and comply with grant requirements and also encompasses the allocation amount to the Housing Rights Center for Fair Housing Services.

The Housing Rights Center utilizes CDBG funding to provide comprehensive Fair Housing Services Programming for the City of Glendora. Their services include five core programs (1) Fair Housing Counseling; (2) Mediation; (3) Discrimination Complaint Investigation; (4) Outreach and Education; and (5) Fair Housing Legal Services. It is estimated the Housing Rights Center will assist approximately 60 people with counseling and approximately 1,200 Glendora residents with outreach and education.

The Public Works department identifies street improvement projects in low-income census tract areas and prioritizes needs for at least one project per year. The recommended project for 2024-2025 will provide for street repaving and the construction of curb ramps to remediate issues related to safety and accessibility for pedestrians. Location of the improvements will be residential streets north of Juanita Avenue, south of Gladstone Street, East of Nearglen Avenue and West of Glendora Avenue, within Block 1 of Census Tract 4039.02, benefitting a total of 2,015 residents, of which 1,035 are low- and moderate- income.

As previously mentioned, HUD has not yet released the CDBG allocations and therefore the report, including the funding amounts allocated to activity and projects are estimated based on last year's CDBG allocation. Once HUD releases the actual allocation, the amounts will be adjusted to total the actual allocation; the adjustments will be such that 20% of the entitlement allocation is applied to administration including fair housing and the remaining 80% of the entitlement allocation plus the entire amount of the available program income will be applied towards the infrastructure improvement project. 2023-2024 Substantial Amendment
At the May 9, 2023 City Council Meeting, the City Council approved the 2023-2024 Annual Action Plan which allocated $231,946 towards the 2023-2024 Street Improvement/Accessibility Project. The activities to be undertaken included installing accessibility ramps from sidewalks to the street to create a safe path of travel for seniors and the disabled. The location of the project was Census Tract 4039.02, Block Groups 1 and 3. The project will benefit a total of 3,585 residents, of which 1,855 (51.7%) are low- and moderate- income.

The Public Works application for the 2023-2024 infrastructure project requested $300,000, however at the time, the requested amount was not available, and the project was allocated the amount of $231,946 based on the entitlement allocation amount available. The City has since identified additional CDBG funds which are proposed to be added to the 2023-2024 project. Those funds include $17,865 in savings from FY 2021-2022 projects and $37,059 in prior year unallocated funds. The City proposes to add the total amount of $54,924 as shown below.
2023-2024 Allocation to Street Improvement/Accessibility Project: $231,946 Proposed Additional Funding:

Savings from FY 2021-2022 projects $17,865
Prior year unallocated funds $37,059
$54,924
Total Proposed Amended Allocation: $286,870
Item #5. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 9
Staff Report Page 5 of 5
The revised amount will cover all the costs estimated for completion of the project.

Draft Documents for Public Review: The Annual Action Plan for FY 2024-2025 and the Substantial Amendment for FY 2023-2024 will be available for a 30-day public review at the offices of the City Clerk and Community Development Department, both located at 116 E. Foothill Blvd., Glendora CA 91741, Monday through Friday, between 8:00a.m. and 5:00 p.m., beginning March 22, 2024 and ending April 23, 2024.

The Second and Final Public Hearing for the One Year Action Plan for FY 2024-2025 and the Substantial Amendment for FY 2023-2024 will be considered by the Glendora City Council on April 23, 2024 and upon approval will be submitted to the U.S. Department of Housing and Urban Development. A final copy will be made available at the City Clerk and Community Development Departments immediately thereafter.

FISCAL IMPACT
This is the initial proposal for the activity planned for the CDBG Program for FY 2024-2025 and the Amendment for FY 2023-2024. It is being submitted for City Council review and approval to comply with HUD annual CDBG grant citizen participation requirements. There is no fiscal impact with this report.

ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report Prepared By Valerie Velasquez, Housing & Economic Development Manager Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Public Hearing
B. Power Point
Item #5. Page 5
Meeting Date: 3/12/2024 / Packet Page #: 10
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
PAGE 1
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.

Glendora, CA 91741
(PLEASE SEE PAGE 2 FOR AD COPY)

NOTICE OF PUBLIC HEARING
To receive and consider public input on needs and resources relative to the Community Development Block Grant (CDBG) One-Year Action Plan for Fiscal Year 2024-2025 and a Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan
(GB07)

PROOF OF PUBLICATION
(201 5.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:

February 29, 2024
I declare under penalty of perjury that the
foregoing is true and correct.

Executed in the City of Glendora, Los Angeles
County, California
On this 29th day of February 2024.

Signature
Item #5. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 11
PAGE 2

NOTICE OF PUBLIC HEARING
Glendora City Council
_____________________________________________
NOTICE IS HEREBY GIVEN that the Glendora City Council will hold a public hearing in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, on Tuesday, March 12, 2024 at 7:00 p.m. to receive and consider public input on needs and resources relative to the Community Development Block Grant (CDBG) One-Year Action Plan for Fiscal Year 2024-2025 and a Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan.

PUBLIC HEARING MEETING LOCATION AND DATE
The City of Glendora is requesting public input on its Community Development Block Grant (CDBG) Program at 7:00 P.M., at its March 12, 2024 City Council meeting. The draft 2024-2025 Annual Action Plan and draft First Substantial Amendment to the FY 2023-2024 CDBG One-Year Action Plan documents will be available on March 22, 2024 for a 30-day public review, ending April 23, 2024. A second public hearing will be held on April 23, 2024 to approve submittal of the 2024-2025 Plan and 2023- 2024 Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD).

In compliance with the American with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City of Glendora’s City Clerk’s Office at (626) 914-8210.

Notification 48 hours prior to the March 14, 2023 City Council meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

BACKGROUND
Consolidated Plan: Every five years, the CDBG program requires that the City adopt a “Consolidated Plan,” which establishes the goals and objectives of the City’s CDBG program. During the development of this 2023-2028 Consolidated Plan, which forms the basis for establishing objectives and outcomes in the Strategic Plan and five (5) subsequent Annual Action Plans, the following priority needs and objectives were established:

1. Infrastructure and Public Facilities: Improve and expand infrastructure and public facilities that benefit low- and moderate-income neighborhoods and residents.

2. Economic and Human Development: Provide for the economic development needs of low- and moderate- income persons and neighborhood target areas.

3. Public Services: Provide supportive services for the City’s low and moderate income residents and persons with special needs.

4. Fair Housing: Promote fair and equal housing choice for all persons.

5. Administration and Planning: Provide for administration and planning activities to carry out actions that address identified needs in the Consolidated Plan.

These established Priority Needs form the basis for allocating investments geographically within the City during the next five-year period and are a result of various community outreach efforts and consultation meetings developed under the Citizen Participation process.

Annual Action Plan (FY 2024-2025): The Annual Action Plan is part of the Five-Year Consolidated Plan and serves as the City’s application for funding from HUD. The City of Glendora will receive an allocation of approximately $289,933 of CDBG funds for FY 2024-2025. The Federal Budget has not been approved at this time, however the City must meet certain statutory deadlines in submitting its annual Acton Plan and allowing for citizen participation, as such staff has developed this allocation amount based on last year’s allocation. Once the official allocation for Glendora is released from HUD, staff will revise the budget with an allocation of 20% for Administration and Fair Housing and 80% for Infrastructure. Final figures, if available, will be presented at the April 23, 2024 meeting for adoption of the Annual Action Plan.

In addition to the annual allocation, the City also has $171,577 in Program Income to use for FY 2024-2025 activities. Combined with the anticipated allocation, a total of $461,510 is expected to be available in FY 2024-2025.

CDBG 2024-2025 Allocation: $289,933 (estimate)
Available Program Income: $171,577
Total: $461,510
The CDBG funding may be allocated to the following types of eligible projects:

1. Acquisition: by purchase, long-term lease, and donation of real property for an eligible public purpose.

2. Disposition: of real property acquired under the CDBG Program.

3. Construction and Rehabilitation: of certain publicly owned facilities, such as (a) senior citizen centers; (b) parks and playgrounds; (c) community centers; (d) fire protection facilities and equipment; (e) sidewalks and street improvements; (f) water and sewer systems.

4. Rehabilitation of publicly and privately owned housing: for low-and moderate-income households.

5. Public Services: which are new or expanding, and directed toward meeting employment, crime prevention, child care, drug abuse prevention, homeless assistance, or other community service needs.

6. Removal of Architectural Barriers: that restricts the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned buildings, facilities, and improvements.

7. Special Economic Development Activities: that provide grants, loan guarantees and other forms of necessary or appropriate support to private “for profit” businesses to provide increasing employment opportunities and other public benefit.

Based on the limited amount of resources available to the City, statutory restrictions, and the Priority Needs established, staff recommendations for the FY 2024-2025 CDBG One-Year Annual Action Plan are as follows:

ACTIVITY AMOUNT
General CDBG Administration $37,986
Fair Housing $20,000
Administration and Fair Housing Sub-Total $57,986
2024 Street Improvement /Accessibility Project $403,524 Infrastructure Sub-Total $403,524
Total CDBG Allocation for Fiscal Year 2024-2025 $461,510 Substantial Amendment (FY 2023-2024): The original CDBG funding for this project was $231,946.

The amount was based on available funding at that time. Based on bids received, the amount is not adequate to complete the project. The City has since identified additional CDBG funds which they propose to add to the FY 2023-2024 Street Improvement / Accessibility Project. Those funds include $17,865 in savings from FY 2021-2022 projects and $37,059 in prior year unallocated funds. The City proposes to add the total amount of $54,924 as shown below.

FY 2023-2024 Street Improvement / Accessibility Project Installation of accessibility ramps from sidewalks to the street to create a safe path of travel for seniors and the disables in Census Tract 4039.02, Block Groups 1 and 3.

Current Funding: $231,946
Proposed Additional Funding:
· Savings from FY 2021-2022 projects: $17,865
· Prior year unallocated funds: $37,059
Total Cumulative Allocation: $286,870

PUBLIC REVIEW AND COMMENT PERIOD
All interested persons are invited to the Public Hearing to comment on the City’s proposed 2024- 2025 Annual Action Plan and proposed 2023-2024 Substantial Amendment. In addition, written comments may be submitted to the City prior to the public hearing and during the 30-day public comment period.

Comments from the public hearing and those submitted to staff during the comment period will be addressed in the final version of the Plans submitted to the U.S. Department of Housing and Urban Development. Should you be unable to attend the public hearing, your comments must be made in writing and delivered to the City Clerk prior to the public hearing and during the 30-day public comment period. Comments and questions can be addressed to:

City of Glendora, 116 E. Foothill Boulevard, Glendora, CA 91741 Valerie Velasquez, Economic Development and Housing Manager [email protected] | (626) 914-8292
Commencing March 22, 2024, related documents will be posted to the city’s website at CityofGlendora.org/citymeetings and will be on file for public inspection and copying for the cost of duplication, at the office of the City Clerk and the Community Development Department between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays, within those hours for agenda posting and public inspection as required by the Ralph M. Brown Act, California Government Code 54950 et seq. as applicable to this meeting.

1. OFFICE OF THE CITY CLERK: 2. COMMUNITY DEVELOPMENT DEPT.

Glendora City Hall Glendora City Hall
116 E. Foothill Boulevard 116 E. Foothill Boulevard
Glendora, CA 91741 Glendora, CA 91741
(626) 914-8210 (626) 914-8292
If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Kathleen R. Sessman, MMC
City Clerk
Publish in the San Gabriel Valley Examiner on February 29, 2024. #GB07 Item #5. Page 7
Meeting Date: 3/12/2024 / Packet Page #: 12
Community Development
Block Grant (CDBG)
Community Development
City Council
March 12, 2024
Valerie Velasquez, Economic Development and Housing Manager CityOfGlendora.org Item #5. Page 8
Meeting Date: 3/12/2024 / Packet Page #: 13
CDBG Overview
• U.S. Department of Housing and Urban Development
– Affordable Housing, Antipoverty Efforts and Infrastructure Development • Annual Action Plan FY 2024-2025
• Substantial Amendment FY 2023-2024
Item #5. Page 9
Meeting Date: 3/12/2024 / Packet Page #: 14
Acceptable use of CDBG Funds
• Must meet National Objectives
• National Objectives
– Benefit low- and moderate- income persons;
– Eliminate slum and blight;
– Meet an urgent community need.
• Must be a priority need identified in Consolidated Plan Item #5. Page 10
Meeting Date: 3/12/2024 / Packet Page #: 15
Priority Needs
• Five Year Con-Plan (2023 – 2028) Priority Needs
– Infrastructure and Public Facilities
– Economic and Human Development
– Public Services
– Fair Housing
– Administration and Planning
Item #5. Page 11
Meeting Date: 3/12/2024 / Packet Page #: 16
Proposed Action Plan 2024-2025
2024-2025 One-Year Action Plan
• Second Annual Plan of the 5 Year 2023-2028 Con-Plan
• Estimated Allocation: $289,933 + $171,577 in Program Income • Notice of Availability
– Published twice in the newspaper
– Posted on City website
• Application period: December 8, 2023 – January 10, 2024 – Three Applications Received
Item #5. Page 12
Meeting Date: 3/12/2024 / Packet Page #: 17
Proposed FY 2024-2025 CDBG Annual Action Plan
ACTIVITY AMOUNT ENTITLEMENT %
Administration
General CDBG Administration
Fair Housing (Housing Rights Center)
Subtotal:
$37,986
$20,000
$57,986 20%
Infrastructure
Street Improvement / Accessibility Project
Allocation Amount:

Program Income Amount:

Subtotal:
$231,947
$171,577
$403,524
80%
Program Income
BOOST (Business Operation & Optimization Support Tools) For-Profit Organization $0
Total CDBG Expenditures FY 2024-2025 $461,510
Item #5. Page 13
Meeting Date: 3/12/2024 / Packet Page #: 18
Infrastructure Improvement Project – Street Rehabilitation Project Census Tract 4039.02, Block 1
Item #5. Page 14
Meeting Date: 3/12/2024 / Packet Page #: 19
FY 2023 – 2024 Substantial Amendment
Increase the Allocation to the 2023-2024 PW Curb Ramp Project • 2023-2024 PW Application:
• Accessibility project installing or improving a total of 40 curb ramps • Application requested $300,000, annual plan allocated $231,946. • Substantial Amendment is required for an increase greater than 10% • Additional Funds have become available:
2023-2024 Curb Ramp Project allocation: $231,946
Proposed Additional Funding ($54,924)
Savings from FY 2021-2022 Project: $17,865
Prior Years Unallocated Funds: $37,059
Total: $286,870
Item #5. Page 15
Meeting Date: 3/12/2024 / Packet Page #: 20
Timeline - Required Steps
1 st Public Hearing, March 12, 2024
30 Day Public Review: March 22 through April 23
• City Website, City Hall, Community Development & City Clerk Office • 2024–2025 CDBG Annual Action Plan
• 2023-2024 Substantial Amendment
2 nd Public Hearing, April 23, 2024
Submission of Application with Annual Action Plan to HUD Item #5. Page 16
Meeting Date: 3/12/2024 / Packet Page #: 21

RECOMMENDATIONS
Open and Conduct Public Hearing;

1. Review and accept the activity and projects to be included in the CDBG Annual Action Plan for FY 2024 - 2025;

2. Consider a Substantial Amendment to the CDBG Annual
Action Plan for FY 2023 – 2024; and

3. Commence the required 30-day public comment period for both the FY 24-25 Plan and FY 23-24 Amendment.

That the City Council:

Item #5. Page 17
Meeting Date: 3/12/2024 / Packet Page #: 22

CALL TO ORDER
The City Council was called to order at 5:00 p.m.

ROLL CALL
Members Present: Michael Allawos, Gary Boyer, Karen Davis, Mayor Pro Tem David Fredendall, and Mayor Mendell Thompson
Members Absent: None
Staff Present: City Attorney Danny Aleshire, Assistant City Manager Moises Lopez, Deputy City Manager Marie Ricci, City Clerk/Communications Director Kathleen Sessman, Digital Media Specialist Craig Gill, Digital Media Senior Specialist Greg Morton, and Deputy City Clerk/Records Manager Roxanne Breceda

CLOSED SESSION
Closed Session title was read into the record.

1. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the Mayor and Mayor Pro Tem, as the city negotiators, regarding labor negotiations with an unrepresented employee – the Glendora City Manager.

There was no one wishing to provide public comment on Closed Session item.

The meeting was convened into Closed Session at 5:02 p.m., Closed Session was adjourned at 6:49 p.m. and the meeting was reconvened back into Open Session at 6:50 p.m. with all members present.

City Attorney Danny Aleshire reported the following Closed Session action: 1) A privilege and confidential briefing was given regarding labor negotiations for the Glendora City Manager. There was no reportable action taken.

ADJOURNMENT
Meeting adjourned at 6:51 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ .

City of Glendora Minutes
Special Meeting
Tuesday, February 13, 2024
City Hall Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
Item #6. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 23

CALL TO ORDER
The regular meeting was called to order at 6:51 p.m.

ROLL CALL
Members Present: Michael Allawos, Gary Boyer, Karen K. Davis, Mayor Pro Tem/Vice-Chair David Fredendall, and Mayor/Chair Mendell Thompson
Members Absent: None
Staff Present: Assistant City Manager Moises Lopez, City/Agency Attorney Danny Aleshire, Deputy City Manager Marie Ricci, Captain Chris Stabio, Captain Michael Randazzo, Public Works Director William Wittkopf, Finance Director/City Treasurer Kyle Johnson, Community Development Director Jeff Kugel, Housing and Economic Development Manager Valerie Velasquez, Library Director Janet Stone, Information Technology Director Sam Robbin, City Clerk/Communications Director Kathleen Sessman, Assistant Planner Aaron Saenz, City Planner Mark Carnahan, Management Analyst Alycia Suniga, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, and Deputy City Clerk/Records Manager Roxanne Breceda.

CLOSED SESSION
Closed Session title was read into the record.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held pursuant to Government Code §54956.8, enable the City Council of the City of Glendora, property owner, to receive information from negotiator(s) Adam Raymond, Danny Aleshire, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding certain real properties APN 8655-007-900, APN 8655- 007-901, APN 8655-007-902 and APN 8655-021-900. The City’s real property negotiator will seek direction from the City Council regarding the disposition of the property.

There was no one wishing to provide public comment on the Closed Session item.

The meeting was convened into Closed Session at 6:52 p.m., Closed Session was adjourned at 7:06 p.m. and the meeting was reconvened back into Open Session at 7:06 p.m. with all members present. City Attorney Aleshire reported the following Closed Session action: 1) A privilege and confidential briefing was given regarding real property negotiations. There was no reportable action taken.

INVOCATION AND PLEDGE OF ALLEGIANCE
City of Glendora Minutes
Regular Meeting
Tuesday, February 13, 2024
City Hall Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
The City Council also serves as members of the Board of Directors of the Successor Agency, Housing and Financing Authority, which are concurrently convening this evening.

Item #6. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 24
Minutes Tuesday, February 13, 2024 Page 2 of 5
Regular Meeting City Council, Successor Agency and Housing Authority The Invocation was given by Board President Shelley Coolidge of First Church of Christ, Scientist.

The Pledge of Allegiance was led by Mayor Pro Tem Fredendall.

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests received for reordering of and additions to the agenda.

PUBLIC COMMENT

2. Public Comments received
Public Comment was received from the following: Glendora Council Chamber CEO/President Joe Cena, Eric Frecking, Bob Moore, Glendora Historical Society Karen Garcia, and Bill Bertonneau.

MEMBER STATEMENTS/REPORTS
Council Member/Commissioner Allawos addressed public comments on no right turn on Grand Avenue and Bennett Avenue and public access to a gate located on private property; provided an update on Los Angeles County working on traffic signals in the City; reported attendance of the prayer vigil on January 28 at Foothill Christian Church; and campus visit to St. Lucy’s Priory High School.

Mayor Pro Tem/Vice-Chair Thompson commented on City infrastructure improvements, damage and issues related to recent rain, and 10 palettes of prefilled sandbags used by the community.

Council Member/Commissioner Boyer requested an update from Library Director Stone on issues at Library related to recent rain.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
Assistant City Manager commented on the January 30 Special City Council and Glendora Unified School District Board of Education and the new Master Joint Use Agreement covering sports fields and facilities, school resource officer program, crossing guard program, and professional library services and announced that the implementation of the agreement has tentatively been set for June 1, 2024, and in closing, confirmed that the agreement has school fields being available as public parks Monday through Friday starting at 4:00 p.m., and that updated signage will be installed notifying the public that said areas are closed to the public before 4:00 p.m.

SPECIAL ITEMS

3. 2023 - 2025 Strategic Plan January 2024 Update
Staff update and PowerPoint was present.

PUBLIC HEARINGS

4. Conduct a Public Hearing to Consider a Resolution amending the City of Glendora Master Schedule of Fees for a Community Art Program
Item #6. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 25
Minutes Tuesday, February 13, 2024 Page 3 of 5
Regular Meeting City Council, Successor Agency and Housing Authority Item title was read into the record and the Public Hearing was declared opened.

Staff report and PowerPoint was presented.

There was no one wishing to provide public testimony.

City Council discussion included questions and clarification of the proposed development’s building permit valuation (BPV) calculations and proposed fees for mixed use commercial and new residential, and new tenant improvements.

Public Hearing was declared closed.

Following a brief discussion, multiple motions were made.

A motion was made by David J. Fredendall, seconded by Karen K. Davis, to amend proposed Resolution and incorporate the following amendment of proposed fees to 1.0% of BPV (building permit valuation) to commercial, 0.50% of BPV to new tenant improvements, and 0.25% of BPV to new residential.

An alternate motion was made by Michael Allawos, seconded by Gary Boyer, to amend proposed Resolution and incorporate the following proposed fees to 1.0% of BPV (building permit valuation) to commercial, including new tenant improvements and 0% of BPV to new residential.

Alternate Motion:

A vote on the alternate motion was called, an oral roll call vote was conducted, and the alternate motion failed 2 - 3 as follows: AYES: Michael Allawos, Gary Boyer; NOES: Karen K. Davis, David J. Fredendall, Mendell Thompson; ABSENT: None; ABSTAIN: None.

Original Motion:

A vote on the original motion by David J. Fredendall, seconded by Karen K. Davis to adopt Resolution CC 2024-04 entitled, “A RESOLUTION OF THE CITY COUNCIL AMENDING THE CITY OF

GLENDORA MASTER FEE SCHEDULE TO INCLUDE COMMUNITY ART PROGRAM REQUIREMENT ALLOCATION AND IN-LIEU FEE CONTRIBUTION,” and incorporate the following amendment of proposed fees to 1.0% of BPV (building permit valuation) to commercial,

0.50% of BPV to new tenant improvements, and 0.25% of BPV to new residential was called.

An oral roll call vote was conducted, and the original motion carried 3 - 2 as follows: AYES: Karen K.

Davis, David J. Fredendall, Mendell Thompson; NOES: Michael Allawos, Gary Boyer; ABSENT:

None; ABSTAIN: None.

CONSENT CALENDAR
A motion was made by Karen K. Davis, seconded by David J. Fredendall, to approve Consent Calendar Items #5 - #8 as presented affirming the actions appropriate to each item.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson; NOES: None; ABSENT: None; ABSTAIN: None.

Item #6. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 26
Minutes Tuesday, February 13, 2024 Page 4 of 5
Regular Meeting City Council, Successor Agency and Housing Authority

5. Affirm Minutes from December 12, 2023 Regular City Council Meeting and January 30, 2024 Special Joint City Council and Glendora Unified School District Meeting The City Council, Successor Agency and Housing Authority affirmed the minutes as presented.

6. Second Reading and Adoption of Ordinance 2083 Amending Glendora Municipal Code (GMC) to Establish a Community Art Program (File No. PLN23-0006) The City Council adopted on second reading Ordinance No. 2083 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN SECTIONS OF TITLE 19 (BUILDING AND CONSTRUCTION) AND TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL

CODE TO IMPLEMENT A COMMUNITY ART PROGRAM WHICH INCLUDES A PUBLIC ART ALLOCATION REQUIREMENT.”

7. Conduct 2024 Annual Review of City Council Appointments to various Regional Organizations as City Representatives/Delegates
The City Council adopted Resolution CC 2024 -05 entitled, "A RESOLUTION OF THE CITY

COUNCIL APPOINTING DELEGATES AND ALTERNATES TO VARIOUS REGIONAL

BOARDS AND COMMITTEES THAT THE CITY OF GLENDORA IS A MEMBER FOR 2023-2024 AND RESCIND RESOLUTION CC 2023-02.”

8. Approve Agreement for New Equipment and Installation Services to Upgrade Audio/Visual Capabilities in the Council Chamber - $125,756.67
The City Council 1. Authorized the purchase of new equipment and installation and configuration services related to upgrades to the audio/visual & broadcast system in the Council Chamber in the amount of $125,756.67 from Western Audio Visual and Security; 2. Authorized the City Manager to execute the Contract Services Agreement; and 3. Approved a supplemental appropriation in the amount of $75,000 from Fund 223 Public, Education & Government Access Fund.

NEW BUSINESS

9. Award the Contract to Convergent Technologies for City Facilities Security Assessment and Installation in the amount of $744,803
A motion was made by Michael Allawos, seconded by Karen K. Davis, to 1. Award the contract to Convergint Technologies for Phase 1 of the City Facilities Security Assessment and Installation in the amount of $744,803; 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and 3. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

Item #6. Page 5
Meeting Date: 3/12/2024 / Packet Page #: 27
Minutes Tuesday, February 13, 2024 Page 5 of 5
Regular Meeting City Council, Successor Agency and Housing Authority

MEMBER/STAFF CLOSING COMMENTS
Council Member/Commissioner Allawos commented on Valentine's Day.

Council Member/Commissioner Davis commented on Ash Wednesday.

Mayor Pro Tem/Vice-Chair Fredendall commented on the Arrow Highway corridor changes and street vendor process reviews.

Mayor/Chair Thompson informed residents to prepare for the incoming rain.

ADJOURNMENT
Meeting adjourned at 8:36 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ .

Item #6. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 28

STAFF REPORT
TO: CHAIR AND AGENCY MEMBERS DATE: MARCH 12, 2024
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITY-WIDE
SUBJECT: REVIEW AND AFFIRM DISBURSEMENTS FOR FEBRUARY 2024 IN THE AMOUNT OF $7,220,696.32

RECOMMENDATION
That the City/Agency/Authority Council:

1. Review and affirm disbursement for February 2024 in the amount of $7,220,696.32.

STRATEGIC FOCUS AREAS
 Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
For February 2024 the city disbursed the following amounts through accounts payable and payroll.

DATE A/P PAYROLL TOTAL
02/02/2024 $673,027.32 $673,027.32
02/09/2024 $3,134,080.35 $706,988.09 $3,841,068.44
02/16/2024 $538,695.23 $538,695.23
02/23/2024 $1,489,490.10 $678,415.23 $2,167,905.33
Total $5,835,293.00 $1,385,403.32 $7,220,696.32

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to the Glendora Municipal Code Section 2.20.030 Departmental reports, the Finance Department shall provide a comprehensive report on disbursements, at least on a quarterly basis.

DISCUSSION
Notable disbursements in the month of February include:

Name Amount Description
Gentry Brothers $958,802.38 Construction: Bennett Ave Street/Water Main FieldTurf USA, INC. $439,856.69 Louie Pompei Turf Installation Miracle Playground Sales $224,304.10 Louie Pompei Shade Structure Quinn Company $172,107.83 Water Yard Backhoe Replacement Mariposa Landscapes, INC. $163,896.00 Landscape Maintenance DD Systems Inc. $100,620.32 Finkbiner Park Phase 2 Improvements For the month of February, the attachments are split into multiple reports due to the City’s continued transition to the new financial system and the new reports will continue to be refined for future months as the City identifies the most complete report available in the new financial system.

Item #7. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 29
Staff Report Page 2 of 2

FISCAL IMPACT
There is no impact associated with the recommendation of this report.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By George Perez-Sosa, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Warrant Register – February 2024
Item #7. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 30

CITY OF GLENDORA
CITY COUNCIL MEETING 3/12/2024
WARRANT REGISTER FOR 2/2/2024
GENERAL WARRANT REGISTER - FINANCE + $ -
GENERAL WARRANT REGISTER - TYLER $ 673,027.32
PAYROLL EFT $ -
TOTAL $ 673,027.32
PREPARED BY: George Perez

REVIEWED BY
Finance Director/City Treasurer
Warrant Register Notes – Understanding the “Key Org”
Key Org = Fund + Dept
XXXXXXX = XXX + XXXX
First three digits = Fund. The funds are used for this register are listed at the end of each register.

It includes the Fund #, Fund Title and Amount spent for that fund.

Remaining four digits & subaccounts = Department and division. Below is the list of departments. # Department description # Department description
40xx LEGISLATIVE 60xx PLANNING, CRA, HOUSING
41xx EXECUTIVE 65xx PUBLIC WOKRS
42xx FINANCE 70xx LIBRARY
43xx NON-DEPARTMENTAL 75xx COMMUNITY SERVICES
51xx PUBLIC SAFETY 99xx CAPITAL PORJECTS
“X” – Provides additional details of the division within the department Item #7. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 31
Check Number Amount Check Date Payee Check Type
44 $254.00 02/02/24 AIR-EX AIR CONDITIONING INC. AP ACH 45 $11,000.00 02/02/24 ALTA PLANNING & DESIGN INC AP ACH 46 $3,550.00 02/02/24 ATHENS SERVICES AP ACH
47 $161.94 02/02/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 48 $334.43 02/02/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 49 $245.10 02/02/24 CLEAN SWEEP SUPPLY CO., INC. AP ACH 50 $1,161.00 02/02/24 COSTAR REALTY INFORMATION, INC. AP ACH 51 $1,260.00 02/02/24 DOUBLE D CONCRETE & CONST CORP AP ACH 52 $1,486.71 02/02/24 DURHAM SCHOOL SERVICES, L.P. AP ACH 53 $1,156.09 02/02/24 EXCEL ELECTRIC FIRE AP ACH
54 $120.17 02/02/24 GLENDORA TROPHY & ENGRAVING AP ACH
55 $115.00 02/02/24 GMS ELEVATOR SERVICES, INC AP ACH
56 $726.25 02/02/24 GRAINGER AP ACH
57 $457.54 02/02/24 HACH COMPANY AP ACH
58 $346.16 02/02/24 IMS REFRIGERATION INC. AP ACH
59 $10,000.00 02/02/24 LARISSA M JONES AP ACH
60 $1,250.00 02/02/24 MAVERICK DATA SYSTEMS AP ACH
61 $1,075.00 02/02/24 MERCURY FENCE CO., INC. AP ACH
62 $550.00 02/02/24 PASCO DOORS AP ACH
63 $4,587.92 02/02/24 PETE'S ROAD SERVICE INC AP ACH
64 $1,106.88 02/02/24 PINPOINT INDUSTRIES, INC. AP ACH
65 $940.00 02/02/24 PRIORITY LANDSCAPE SERVICES LLC AP ACH 66 $84.56 02/02/24 SANDERS LOCK & KEY, INC. AP ACH
67 $351.91 02/02/24 THE SAUCE CREATIVE SERVICES AP ACH
68 $23,626.37 02/02/24 THE SAUCE CREATIVE SERVICES AP ACH 69 $125.15 02/02/24 STERICYCLE, INC. AP ACH
70 $60.00 02/02/24 THREE VALLEYS MUNICIPAL WATER AP ACH 71 $746.25 02/02/24 THYSSENKRUPP ELEVATOR CORP AP ACH
72 $299.34 02/02/24 UNITED RENTALS (NORTH AMERICA) AP ACH 73 $2,058.79 02/02/24 UNITED RENTALS (NORTH AMERICA) AP ACH 74 $10,150.11 02/02/24 XEROX CORPORATION AP ACH
115128 $651.18 02/02/24 AT&T AP Printed
City of Glendora
Item #7. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 32
Check Number Amount Check Date Payee Check Type
City of Glendora
115129 $115.00 02/02/24 BAY ALARM COMPANY AP Printed
115130 $537.30 02/02/24 CALIFORNIA BUILDING STANDARDS AP Printed 115131 $8,640.00 02/02/24 CHARTER OAK GYMNASTICS, INC. AP Printed 115132 $106.26 02/02/24 CINTAS CORPORATION AP Printed
115133 $108.02 02/02/24 CINTAS FAS LOCKBOX 636525 AP Printed 115134 $1,721.13 02/02/24 DEPARTMENT OF CONSERVATION AP Printed 115135 $100,620.32 02/02/24 DD SYSTEMS INC AP Printed
115136 $11.02 02/02/24 DOCU-TRUST AP Printed
115137 $43.95 02/02/24 DOORKING INC AP Printed
115138 $20,977.61 02/02/24 ENVISIONWARE INC AP Printed
115139 $295.73 02/02/24 EWING IRRIGATION PRODUCTS, INC. AP Printed 115140 $133.87 02/02/24 FRONTIER AP Printed
115141 $32,348.55 02/02/24 FS CONTRACTORS, INC AP Printed 115142 $18,507.93 02/02/24 J&J'S SPORTS & TROPHIES AP Printed 115143 $2,499.99 02/02/24 GLENDORA AFTER STROKE CENTER AP Printed 115144 $3,582.86 02/02/24 GOVERNMENT BUSINESS INTERIORS, LLC AP Printed 115145 $1,911.10 02/02/24 HOLLIDAY ROCK CO., INC. AP Printed 115146 $4,100.78 02/02/24 HOUSING RIGHTS CENTER AP Printed 115147 $63,521.68 02/02/24 HYLAND SOFTWARE INC AP Printed 115148 $20,326.11 02/02/24 INTER-CON SECURITY SYSTEMS INC. AP Printed 115149 $10,068.00 02/02/24 INTIME SERVICES/ENTIME SERVICES INC AP Printed 115150 $34,595.05 02/02/24 JMD AP Printed
115151 $303.84 02/02/24 JOHNSTONE SUPPLY AP Printed
115152 $10,720.00 02/02/24 JOHNSON CONTROLS INC AP Printed 115153 $2,266.25 02/02/24 KEYSER MARSTON ASSOCIATES, INC. AP Printed 115154 $30,669.20 02/02/24 CITY NET AP Printed
115155 $20,833.33 02/02/24 LA - C.A.D.A. AP Printed
115156 $4,676.81 02/02/24 COUNTY OF LOS ANGELES AP Printed 115157 $20,955.61 02/02/24 OCEAN BLUE ENVIRONMENTAL SVCS INC AP Printed 115158 $401.88 02/02/24 OFFICE DEPOT AP Printed
115159 $50.00 02/02/24 Baskin Robbins AP Printed
115160 $10,000.00 02/02/24 BOWDEN DEVELOPMENT INC AP Printed Item #7. Page 5
Meeting Date: 3/12/2024 / Packet Page #: 33
Check Number Amount Check Date Payee Check Type
City of Glendora
115161 $300.00 02/02/24 Helen Kennedy AP Printed
115162 $300.00 02/02/24 Liana Paula Villanueva AP Printed 115163 $300.00 02/02/24 Martiana Porter AP Printed
115164 $275.00 02/02/24 NAPA Auto Parts AP Printed
115165 $300.00 02/02/24 Paulette Drop AP Printed
115166 $300.00 02/02/24 Thomas Chung AP Printed
115167 $10.00 02/02/24 Xu Hu AP Printed
115168 $468.61 02/02/24 REYNOLDS AP Printed
115169 $825.00 02/02/24 SAFE AND SOUND SECURITY INC AP Printed 115170 $561.00 02/02/24 SAN GABRIEL VALLEY EXAMINER AP Printed 115171 $10,042.66 02/02/24 SAN GABRIEL VALLEY WATER AP Printed 115172 $600.00 02/02/24 PECK ROAD GRAVEL AP Printed
115173 $389.73 02/02/24 SOUTHEAST CONSTRUCTION AP Printed 115174 $5,810.37 02/02/24 SOUTHERN CALIFORNIA EDISON AP Printed 115175 $89,591.34 02/02/24 TYLER TECHNOLOGIES INC AP Printed 115176 $31,861.00 02/02/24 UNITED MAINTENANCE SYSTEMS AP Printed 115177 $249.44 02/02/24 UNIFIRST CORPORATION AP Printed 115178 $10,282.28 02/02/24 VERIZON WIRELESS AP Printed
115179 $6,800.00 02/02/24 VIGILANT SOLUTIONS, INC AP Printed 115180 $703.71 02/02/24 VULCAN MATERIALS COMPANY AP Printed 115181 $14.99 02/02/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 115182 $1,134.84 02/02/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 115183 $3,645.00 02/02/24 WILLDAN ENGINEERING AP Printed 115184 $1,413.86 02/02/24 Y TIRE SALES AP Printed
115185 $500.00 02/02/24 YWCA OF SAN GABRIEL VALLEY AP Printed 115186 $661.46 02/02/24 DOG WASTE DEPOT AP Printed
$673,027.32
Item #7. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 34

CITY OF GLENDORA
CITY COUNCIL MEETING 3/12/2024
WARRANT REGISTER FOR 2/9/2024
GENERAL WARRANT REGISTER - FINANCE + 1,081,787.02 $
GENERAL WARRANT REGISTER - TYLER 2,052,293.33 $
PAYROLL EFT - PPE 02/04/2024 $ 706,988.09
TOTAL $ 3,841,068.44
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8341 02/09/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,562.88 10001 V8341 02/09/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,562.88 TOTAL CHECK 0.00 3,125.76
10001 V8342 02/09/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 0.00 163,933.48 10001 V8342 02/09/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES SPECIAL 0.00 1,521.44 10001 V8342 02/09/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 0.00 181,382.74 TOTAL CHECK 0.00 346,837.66
10001 V8343 02/09/24 1110 CA.PUBLIC EMPLOYEES RETI 970 PERS RETIREMENT 0.00 182,684.71 10001 V8344 02/09/24 8026 FIRE RISK MANAGEMENT SER 970 FRMS HEALTH 02/24 0.00 66,277.59 10001 V8345 02/09/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 680.00 10001 V8345 02/09/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 670.00 TOTAL CHECK 0.00 1,350.00
10001 V8346 02/09/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 420.00 10001 V8346 02/09/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 420.00 TOTAL CHECK 0.00 840.00
10001 V8347 02/09/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8347 02/09/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 10001 V8347 02/09/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8347 02/09/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 TOTAL CHECK 0.00 1,200.00
10001 V8348 02/09/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC MGMT - HRA 0.00 500.00 10001 V8349 02/09/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART TIME RETIREMENT 0.00 4,340.24 10001 V8349 02/09/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC MGMT - HRA 0.00 500.00 10001 V8349 02/09/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART TIME RETIREMENT 0.00 4,918.96 TOTAL CHECK 0.00 9,759.20
10001 V8350 02/09/24 6882 MUNICIPAL DENTAL POOL 970 DENTAL 02/24 0.00 12,651.58 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 16,630.42 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 27,506.50 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 1,962.35 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 EXEC 401A PLAN 0.00 2,916.69 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 212.50 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 EXEC 401A PLAN 0.00 2,916.69 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 16,230.08 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 26,842.60 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 1,856.35 10001 V8351 02/09/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 212.50 TOTAL CHECK 0.00 97,286.68
10001 V8352 02/09/24 1116 POLICE ASSOCIATION 970 POA ASSOC DUES 0.00 93.13 10001 V8352 02/09/24 1116 POLICE ASSOCIATION 970 POA ASSOC DUES 0.00 2,550.00 10001 V8352 02/09/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUE 0.00 73.13 10001 V8352 02/09/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUE 0.00 2,550.00 Item #7. Page 8
Meeting Date: 3/12/2024 / Packet Page #: 36
SUNGARD PENTAMATION PAGE NUMBER: 2
DATE: 03/05/2024 CITY OF GLENDORA ACCTPA21
TIME: 08:53:13 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date='20240209 00:00:00.000' ACCOUNTING PERIOD: 8/24
FUND - 972 - AP DISBURSEMENT FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 5,266.26
10001 V8353 02/09/24 7577 LEGALSHIELD 970 LEGAL SHIELD 01/24 0.00 660.32 10001 V8354 02/09/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARNISHMENT 0.00 582.33 10001 V8354 02/09/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARNISHMENT 0.00 397.38 TOTAL CHECK 0.00 979.71
10001 V8355 02/09/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 1,049.90 10001 V8355 02/09/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 1,049.90 TOTAL CHECK 0.00 2,099.80
10001 V8356 02/09/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 1,951.36 10001 V8356 02/09/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 498.35 10001 V8356 02/09/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 1,951.36 10001 V8356 02/09/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 498.35 TOTAL CHECK 0.00 4,899.42
10001 111649 02/09/24 1110 CA.PUBLIC EMPLOYEES RETI 0014306 PERS HEALTH 01/24 0.00 7,930.15 10001 111649 02/09/24 1110 CA.PUBLIC EMPLOYEES RETI 970 PERS HEALTH 02/24 0.00 149,322.09 10001 111649 02/09/24 1110 CA.PUBLIC EMPLOYEES RETI 970 PERS RETIREMENT 0.00 184,754.69 TOTAL CHECK 0.00 342,006.93
10001 111650 02/09/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT 0.00 50.00 10001 111650 02/09/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT 0.00 50.00 TOTAL CHECK 0.00 100.00
10001 111651 02/09/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 322.92 10001 111652 02/09/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 322.92 10001 111653 02/09/24 1025 STANDARD INSURANCE COMPA 970 VISION 02/24 0.00 2,615.56 TOTAL CASH ACCOUNT 0.00 1,081,787.02
TOTAL FUND 0.00 1,081,787.02
TOTAL REPORT 0.00 1,081,787.02
Item #7. Page 9
Meeting Date: 3/12/2024 / Packet Page #: 37
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 02/09/2024 CITY OF GLENDORA VENCHK11
TIME: 15:16:33 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 7/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 736,418.69
TOTAL REPORT 736,418.69
Item #7. Page 10
Meeting Date: 3/12/2024 / Packet Page #: 38
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 02/09/2024 CITY OF GLENDORA VENCHK11
TIME: 15:12:36 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 7/24

FUND FUND TITLE AMOUNT
001 GENERAL FUND 7,930.15
970 PAYROLL DISBURSEMENT FUND 337,438.18
TOTAL REPORT 345,368.33
Item #7. Page 11
Meeting Date: 3/12/2024 / Packet Page #: 39
Check Number Amount Check Date Payee Check Type
75 $250.71 02/09/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 76 $18,672.02 02/09/24 CSG CONSULTANTS INC AP ACH
77 $439,856.69 02/09/24 FIELDTURF USA, INC. AP ACH
78 $3,120.00 02/09/24 SHEILA JENNINGS GANINO AP ACH
79 $378,496.79 02/09/24 GENTRY BROTHERS INC. AP ACH
80 $2,082.00 02/09/24 GEORGE E. BOOTH CO., INC. AP ACH
81 $47.96 02/09/24 GLENDORA TROPHY & ENGRAVING AP ACH
82 $89.87 02/09/24 GRAINGER AP ACH
83 $1,000.00 02/09/24 LOUISE ERNESTINE CRISS BREWER AP ACH 84 $33,537.14 02/09/24 NELSON/NYGAARD CONSULTING AP ACH 85 $51.16 02/09/24 OFFICE SOLUTIONS AP ACH
86 $659.18 02/09/24 PLACEWORKS AP ACH
87 $3,120.00 02/09/24 SAMANTHA J. GARCIA, LLC AP ACH
88 $117.00 02/09/24 SDI PRESENCE LLC AP ACH
89 $598.40 02/09/24 STERICYCLE, INC. AP ACH
90 $67,886.22 02/09/24 THREE VALLEYS MUNICIPAL WATER AP ACH 91 $10,079.98 02/09/24 UNITED RENTALS (NORTH AMERICA) AP ACH 115187 $1,526.71 02/09/24 88844MOTOR AP Printed
115188 $22,485.00 02/09/24 ACE STRIPING INC AP Printed
115189 $2,952.87 02/09/24 ALTA PLANNING & DESIGN INC AP Printed 115190 $1,313.08 02/09/24 AUTOZONE STORES INC AP Printed 115191 $11,326.09 02/09/24 AZUSA LIGHT & WATER AP Printed 115192 $4,857.60 02/09/24 BIGGER & BETTER LIMITED AP Printed 115193 $860.68 02/09/24 BLACK AND WHITE EMERGENCY VEHICLES AP Printed 115194 $33,710.68 02/09/24 BUREAU VERITAS TECHNICAL ASSESMENTS AP Printed 115195 $10.00 02/09/24 BURRO CANYON SHOOTING PARK AP Printed 115196 $274.06 02/09/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 115197 $3,153.71 02/09/24 COLLEY AUTO CARS INC AP Printed 115198 $5,983.75 02/09/24 COVINA IRRIGATING COMPANY AP Printed 115199 $8,834.85 02/09/24 DE NOVO PLANNING GROUP AP Printed 115200 $95,739.24 02/09/24 DELL MARKETING L.P. AP Printed 115201 $200.00 02/09/24 DEPT.OF TRANSPORTATION-CALTRANS AP Printed City of Glendora
Item #7. Page 12
Meeting Date: 3/12/2024 / Packet Page #: 40
Check Number Amount Check Date Payee Check Type
City of Glendora
115202 $1,500.00 02/09/24 TANGLED WEB SOLUTIONS AP Printed 115203 $8.78 02/09/24 DOCU-TRUST AP Printed
115204 $345.00 02/09/24 DRAW TAP GIS, LLC AP Printed
115205 $224.89 02/09/24 EWING IRRIGATION PRODUCTS, INC. AP Printed 115206 $8,221.18 02/09/24 FRONTIER AP Printed
115207 $871.52 02/09/24 J&J'S SPORTS & TROPHIES AP Printed 115208 $146.16 02/09/24 GRAINGER AP Printed
115209 $6,659.76 02/09/24 JOHN GREEN TRUCKING AP Printed 115210 $3,950.00 02/09/24 HIGH SPEED PLUMBING, INC. AP Printed 115211 $3,539.64 02/09/24 HOLLIDAY ROCK CO., INC. AP Printed 115212 $274.07 02/09/24 IMS REFRIGERATION INC. AP Printed 115213 $1,286.20 02/09/24 INLAND EMPIRE STAGES, LTD. AP Printed 115214 $10,937.40 02/09/24 JMD AP Printed
115215 $1,769.60 02/09/24 JOHNNY ALLEN TENNIS ACADEMY AP Printed 115216 $4,537.50 02/09/24 JPW COMMUNICATIONS, INC AP Printed 115217 $704.59 02/09/24 REGIONAL TAP SERVICE CENTER AP Printed 115218 $9,319.13 02/09/24 COUNTY OF LOS ANGELES AP Printed 115219 $504.96 02/09/24 COUNTY OF LOS ANGELES INTERNAL AP Printed 115220 $4,354.13 02/09/24 LOS ANGELES COUNTY CLERK AP Printed 115221 $4,835.62 02/09/24 ATHACO, INC AP Printed
115222 $163,896.00 02/09/24 MARIPOSA LANDSCAPES, INC. AP Printed 115223 $20,724.27 02/09/24 MERRIMAC ENERGY GROUP AP Printed 115224 $224,304.10 02/09/24 MIRACLE PLAYGROUND SALES OF AP Printed 115225 $255.98 02/09/24 O'REILLY AUTO PARTS AP Printed
115226 $4,071.37 02/09/24 OCEAN BLUE ENVIRONMENTAL SVCS INC AP Printed 115227 $276.95 02/09/24 OFFICE DEPOT AP Printed
115228 $79.65 02/09/24 OFFICE DEPOT AP Printed
115229 $165.00 02/09/24 Alvaro Ortiz Jr. AP Printed
115230 $300.00 02/09/24 Amanda Ortega AP Printed
115231 $165.00 02/09/24 Brittany Meyers AP Printed
115232 $100.00 02/09/24 Catherine Wright AP Printed
115233 $165.00 02/09/24 Cesar Espinosa AP Printed
Item #7. Page 13
Meeting Date: 3/12/2024 / Packet Page #: 41
Check Number Amount Check Date Payee Check Type
City of Glendora
115234 $320.00 02/09/24 Corinne Baca AP Printed
115235 $184.01 02/09/24 ELENA TAMAYO AP Printed
115236 $181.30 02/09/24 Erwin Mantilla AP Printed
115237 $46.00 02/09/24 Frances McCash AP Printed
115238 $32.97 02/09/24 JIMMY E LOPEZ AP Printed
115239 $97.00 02/09/24 Jo Anne Probst AP Printed
115240 $77.56 02/09/24 LEZLI GODBER AP Printed
115241 $36.74 02/09/24 MAX R PRAXMARER AP Printed
115242 $50.59 02/09/24 PAMELA CASTANON AP Printed
115243 $37.08 02/09/24 PING FANG TRUONG AP Printed
115244 $81.21 02/09/24 PODLEY PROPERTIES AP Printed
115245 $208.52 02/09/24 SHUQIN BAO AP Printed
115246 $18.21 02/09/24 VANESSA LAGUNA AP Printed
115247 $1,000.00 02/09/24 VARTKES AZADIAN AP Printed
115248 $150.97 02/09/24 WELLS FARGO BANK NA AP Printed
115249 $36,765.00 02/09/24 OPENGOV, INC AP Printed
115250 $132.08 02/09/24 PITNEY BOWES INC AP Printed
115251 $1,852.09 02/09/24 QUALITY AUTO SUPPLY, INC. AP Printed 115252 $5,106.32 02/09/24 QUINN RENTAL SERVICES AP Printed 115253 $2,116.98 02/09/24 RANCHO JANITORIAL SUPPLIES AP Printed 115254 $11,940.00 02/09/24 GENERAL TECHNOLOGIES& SOLUTIONS LLC AP Printed 115255 $82.13 02/09/24 RIGHT OF WAY, INC. AP Printed
115256 $3,824.48 02/09/24 RIGHT OF WAY, INC. AP Printed 115257 $5,804.55 02/09/24 TONY'S AUTO REPAIR AP Printed 115258 $85.86 02/09/24 S&S WORLDWIDE INC AP Printed
115259 $3,209.50 02/09/24 PRECISION CONCRETE CUTTING AP Printed 115260 $890.00 02/09/24 SAN BERNARDINO COUNTY SHERIFF'S AP Printed 115261 $30,718.00 02/09/24 SAN GABRIEL VALLEY COUNCIL OF AP Printed 115262 $1,500.00 02/09/24 SAN GABRIEL VALLEY EXAMINER AP Printed 115263 $42,405.00 02/09/24 SDI PRESENCE LLC AP Printed
115264 $580.00 02/09/24 PECK ROAD GRAVEL AP Printed
115265 $2,000.00 02/09/24 PECK ROAD GRAVEL AP Printed
Item #7. Page 14
Meeting Date: 3/12/2024 / Packet Page #: 42
Check Number Amount Check Date Payee Check Type
City of Glendora
115266 $12.80 02/09/24 SOCALGAS AP Printed
115267 $12.35 02/09/24 SOUTHEAST CONSTRUCTION AP Printed 115268 $49,142.01 02/09/24 SOUTHERN CALIFORNIA EDISON AP Printed 115269 $37,132.77 02/09/24 SOUTHERN CALIFORNIA EDISON AP Printed 115270 $1,828.47 02/09/24 SPARKLETTS AP Printed
115271 $63,757.02 02/09/24 STATE WATER RESOURCES AP Printed 115272 $105.00 02/09/24 STATE WATER RESOURCES AP Printed 115273 $3,673.66 02/09/24 THE TRANSMISSION HOUSE INC. AP Printed 115274 $65,074.32 02/09/24 TRANSPORTATION CONCEPTS AP Printed 115275 $17,227.11 02/09/24 TYLER TECHNOLOGIES INC AP Printed 115276 $4,444.86 02/09/24 UNIFIRST CORPORATION AP Printed 115277 $104.40 02/09/24 UNITED SITE SERVICES OF CA, INC. AP Printed 115278 $7,564.70 02/09/24 UNIVAR USA INC AP Printed
115279 $44.10 02/09/24 TAS AP Printed
115280 $662.16 02/09/24 VULCAN MATERIALS COMPANY AP Printed 115281 $743.58 02/09/24 VULCAN MATERIALS COMPANY AP Printed 115282 $143.48 02/09/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 115283 $10,230.42 02/09/24 WESTERN WATER WORKS SUPPLY CO. AP Printed 115284 $6,370.00 02/09/24 WILLDAN ENGINEERING AP Printed 115285 $1,024.08 02/09/24 Y TIRE SALES AP Printed
115286 $75.00 02/09/24 LOS ANGELES COUNTY REGISTRAR- AP Printed $2,052,293.33
Item #7. Page 15
Meeting Date: 3/12/2024 / Packet Page #: 43

CITY OF GLENDORA
CITY COUNCIL MEETING 3/12/2024
WARRANT REGISTER FOR 2/16/2024
GENERAL WARRANT REGISTER - FINANCE + $ -
GENERAL WARRANT REGISTER - TYLER $ 538,695.23
PAYROLL EFT $ -
TOTAL $ 538,695.23
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

Remaining four digits & subaccounts = Department and division. Below is the list of departments. # Department description # Department description
40xx LEGISLATIVE 60xx PLANNING, CRA, HOUSING
41xx EXECUTIVE 65xx PUBLIC WOKRS
42xx FINANCE 70xx LIBRARY
43xx NON-DEPARTMENTAL 75xx COMMUNITY SERVICES
51xx PUBLIC SAFETY 99xx CAPITAL PORJECTS
“X” – Provides additional details of the division within the department Item #7. Page 16
Meeting Date: 3/12/2024 / Packet Page #: 44
Check Number Amount Check Date Payee Check Type
92 $558.00 02/16/24 AIR-EX AIR CONDITIONING INC. AP ACH 93 $334.99 02/16/24 ALTA-FOODCRAFT INC. AP ACH
94 $170.00 02/16/24 BADGE FRAME INC. AP ACH
95 $608.79 02/16/24 BPS TACTICAL INC. AP ACH
96 $119.98 02/16/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 97 $44.10 02/16/24 EDMARK GRAPHICS INC. AP ACH
98 $300.00 02/16/24 GALE/CENGAGE LEARNING AP ACH
99 $590.70 02/16/24 GRAINGER AP ACH
100 $918.75 02/16/24 MICHELLE HARRINGTON AP ACH
101 $11,710.00 02/16/24 KRZYSZTOF CHRIS BALASINSKI AP ACH 102 $300.00 02/16/24 MADIA TECH LAUNCH INC. AP ACH
103 $275.00 02/16/24 NATIONAL TESTING NETWORK, INC. AP ACH 104 $894.42 02/16/24 PINPOINT INDUSTRIES, INC. AP ACH
105 $610.95 02/16/24 SANDERS LOCK & KEY, INC. AP ACH
106 $22.80 02/16/24 SPOK INC. AP ACH
107 $104.51 02/16/24 STERICYCLE, INC. AP ACH
108 $391.95 02/16/24 SUNSHINE SPORTS & MARKETING LLC AP ACH 109 $3,860.00 02/16/24 TRAPEZE SOFTWARE GROUP INC AP ACH 110 $1,500.00 02/16/24 UNITED MAINTENANCE SYSTEMS AP ACH 111 $347.05 02/16/24 UNDERGROUND SERVICE ALERT/SC AP ACH 112 $811.65 02/16/24 UNITED RENTALS (NORTH AMERICA) AP ACH 113 $40,076.50 02/16/24 WEST COAST ARBORISTS, INC. AP ACH 115452 $200.00 02/16/24 A & P COMPLIANCE TESTING INC AP Printed 115453 $900.00 02/16/24 JOSE M AMARO AP Printed
115454 $925.00 02/16/24 BADGE FRAME INC. AP Printed
115455 $251.41 02/16/24 BAKER & TAYLOR, INC. AP Printed 115456 $115.00 02/16/24 BAY ALARM COMPANY AP Printed
115457 $100.00 02/16/24 BLACK AND WHITE EMERGENCY VEHICLES AP Printed 115458 $276.25 02/16/24 BOB BARKER COMPANY, INC AP Printed 115459 $1,063.71 02/16/24 BOB BARKER COMPANY, INC AP Printed 115460 $630.89 02/16/24 BPS TACTICAL INC. AP Printed
115461 $877.79 02/16/24 BRODART COMPANY AP Printed
City of Glendora
Item #7. Page 17
Meeting Date: 3/12/2024 / Packet Page #: 45
Check Number Amount Check Date Payee Check Type
City of Glendora
115462 $1,800.00 02/16/24 CALIFORNIA WATER EFFICIENCY PARTNER AP Printed 115463 $241.89 02/16/24 CCH INCORPORATED AP Printed
115464 $12.96 02/16/24 CALIFORNIA DEPT OF TAX FEE AP Printed 115465 $5,226.00 02/16/24 CDW GOVERNMENT, INC. AP Printed 115466 $300.00 02/16/24 CHRISTOPHER LUBBOCK AP Printed
115467 $699.00 02/16/24 TEAMSIDELINE.COM AP Printed
115468 $1,182.50 02/16/24 CPS HR CONSULTING AP Printed
115469 $300.00 02/16/24 DEBORAH WOOD AP Printed
115470 $32,336.25 02/16/24 DECOR IQ, LLC AP Printed
115471 $2,898.56 02/16/24 DELL MARKETING L.P. AP Printed 115472 $31.02 02/16/24 DOCU-TRUST AP Printed
115473 $242.41 02/16/24 DUNN-EDWARDS CORPORATION AP Printed 115474 $474.06 02/16/24 DUNN-EDWARDS CORPORATION AP Printed 115475 $700.00 02/16/24 YOUNGBLOOD & ASSOCIATES AP Printed 115476 $345.00 02/16/24 EXCEL ELECTRIC FIRE AP Printed
115477 $220.33 02/16/24 NAPA AUTO PARTS AP Printed
115478 $1,242.02 02/16/24 GEORGE'S GRAPHICS AP Printed
115479 $7,100.00 02/16/24 GIS SURVEYORS, INC. AP Printed 115480 $1,406.00 02/16/24 HOLLIDAY ROCK CO., INC. AP Printed 115481 $2,604.11 02/16/24 INFOSEND, INC. AP Printed
115482 $1,200.00 02/16/24 JAMES DE MOND AP Printed
115483 $1,600.00 02/16/24 JASON TIBBETTS AP Printed
115484 $3,528.00 02/16/24 JMD AP Printed
115485 $344.65 02/16/24 KEYSTONE UNIFORM DEPOT AP Printed 115486 $6,128.46 02/16/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 115487 $623.86 02/16/24 LOS ANGELES COUNTY CLERK AP Printed 115488 $2,500.00 02/16/24 MARICA "MARTY" EVERETT AP Printed 115489 $1,200.00 02/16/24 MARTIN BARRETT AP Printed
115490 $1,200.00 02/16/24 MATTHEW WILLIAMS AP Printed
115491 $334.40 02/16/24 KIMBALL MIDWEST AP Printed
115492 $350.00 02/16/24 EMERGENCY RESPONSE CRIME AP Printed 115493 $224,304.10 02/16/24 MIRACLE PLAYGROUND SALES OF AP Printed Item #7. Page 18
Meeting Date: 3/12/2024 / Packet Page #: 46
Check Number Amount Check Date Payee Check Type
City of Glendora
115494 $175.41 02/16/24 NANCY MIRANDA AP Printed
115495 $46.00 02/16/24 NATIONAL TESTING NETWORK, INC. AP Printed 115496 $1,420.00 02/16/24 CONCENTRA MEDICAL CENTERS AP Printed 115497 $347.12 02/16/24 OFFICE DEPOT AP Printed
115498 $42,481.25 02/16/24 OHNO CONSTRUCTION COMPANY AP Printed 115499 $104.00 02/16/24 Beverly A. Griffith AP Printed
115500 $250.00 02/16/24 Nicole Brown AP Printed
115501 $1,086.68 02/16/24 SEQUOIA PACIFIC SOLAR I, LLC AP Printed 115502 $385.00 02/16/24 PASCO DOORS AP Printed
115503 $2,957.67 02/16/24 PASCO DOORS AP Printed
115504 $3,070.81 02/16/24 PERFORMANCE TRUCK & TRAILER AP Printed 115505 $6,211.25 02/16/24 PLACEWORKS AP Printed
115506 $100.00 02/16/24 RIO HONDO COLLEGE AP Printed
115507 $468.55 02/16/24 RIO HONDO COLLEGE AP Printed
115508 $408.00 02/16/24 ROUTE 66 CAR WASH INC. AP Printed 115509 $543.44 02/16/24 SECTRAN SECURITY, INC. AP Printed 115510 $738.58 02/16/24 SECURITAS TECHNOLOGY CORP AP Printed 115511 $117.59 02/16/24 SHRED-IT USA AP Printed
115512 $9,808.73 02/16/24 SOCALGAS AP Printed
115513 $600.00 02/16/24 PATRICIA SORENSEN AP Printed
115514 $4,972.84 02/16/24 SOUTHERN CALIFORNIA EDISON AP Printed 115515 $27,026.80 02/16/24 SOUTHERN CALIFORNIA EDISON AP Printed 115516 $1,043.87 02/16/24 SPARKLETTS AP Printed
115517 $900.00 02/16/24 TIMOTHY P. STAAB AP Printed
115518 $114.02 02/16/24 STAPLES ADVANTAGE AP Printed
115519 $1,350.00 02/16/24 STUMP FENCE CO. AP Printed
115520 $600.00 02/16/24 BRIAN SUMMERS AP Printed
115521 $414.40 02/16/24 TRENCH SHORING COMPANY AP Printed 115522 $932.62 02/16/24 U.S. ARMOR CORPORATION AP Printed 115523 $3,520.00 02/16/24 U.S. BANK AP Printed
115524 $1,650.00 02/16/24 U.S. BANK AP Printed
115525 $36,300.00 02/16/24 UNIPLAN ENGINEERING, INC AP Printed Item #7. Page 19
Meeting Date: 3/12/2024 / Packet Page #: 47
Check Number Amount Check Date Payee Check Type
City of Glendora
115526 $1,279.91 02/16/24 VCA CENTRAL ANIMAL HOSPITAL AP Printed 115527 $776.17 02/16/24 TAS AP Printed
115528 $47.75 02/16/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 115529 $604.57 02/16/24 WALTERS WHOLESALE ELECTRIC CO AP Printed 115530 $12,476.43 02/16/24 WESTERN WATER WORKS SUPPLY CO. AP Printed 115531 $800.00 02/16/24 WILLIAM TURNLEY AP Printed
$538,695.23
Item #7. Page 20
Meeting Date: 3/12/2024 / Packet Page #: 48

CITY OF GLENDORA
CITY COUNCIL MEETING 3/12/2024
WARRANT REGISTER FOR 2/23/2024
GENERAL WARRANT REGISTER - FINANCE + 434,185.39 $
GENERAL WARRANT REGISTER - TYLER 1,055,304.71 $
PAYROLL EFT - PPE 02/18/2024 678,415.23 $
TOTAL $ 2,167,905.33
PREPARED BY: George Perez

It includes the Fund #, Fund Title and Amount spent for that fund.

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT 10001 V8357 02/23/24 2392 AFLAC - GROUP 970 AFLAC INS GP 01/24 0.00 3,241.34 10001 V8358 02/23/24 2392 AFLAC - INDIV 970 AFLAC INS IP 01/24 0.00 2,561.12 10001 V8359 02/23/24 1113 AFSCME DISTRICT COUNCIL 970 AFSCME DUES 0.00 1,562.88 10001 V8360 02/23/24 6158 BOA EXPRESS TAX 970 PAYROLL TAXES 0.00 165,903.31 10001 V8361 02/23/24 1110 CA.PUBLIC EMPLOYEES RETI 970 PERS RETIREMENT 02/18 0.00 183,911.31 10001 V8362 02/23/24 1112 GLENDORA CITY EMPLOYEE A 970 EMPLOYEE SOCIAL GROUP 0.00 690.00 10001 V8363 02/23/24 1115 GLENDORA MANAGEMENT ASSO 970 GMA DUES 0.00 420.00 10001 V8364 02/23/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 438.00 10001 V8364 02/23/24 1117 GLENDORA POLICE MANAGEME 970 PMA/CLEA LTD DUES 0.00 162.00 TOTAL CHECK 0.00 600.00
10001 V8365 02/23/24 4133 HEALTH EQUITY 970 HSA WITH HDHP 0.00 322.92 10001 V8366 02/23/24 6883 LINCOLN NATIONAL LIFE IN 970 VOL AD&D FEB 24 0.00 744.17 10001 V8366 02/23/24 6883 LINCOLN NATIONAL LIFE IN 970 LIFE/LTD/VOL LIFE FEB 0.00 11,869.39 TOTAL CHECK 0.00 12,613.56
10001 V8367 02/23/24 7369 MIDAMERICA ADMIN&RETIRE 970 EXEC HRA PLAN 0.00 500.00 10001 V8368 02/23/24 7369 MIDAMERICA ADMIN&RETIRE 970 PART TIME RETIREMENT 0.00 5,370.84 10001 V8369 02/23/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 17,041.80 10001 V8369 02/23/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 27,616.88 10001 V8369 02/23/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 1,962.35 10001 V8369 02/23/24 5012 NATIONWIDE RETIREMENT SO 970 401A PLAN 0.00 2,799.92 10001 V8369 02/23/24 5012 NATIONWIDE RETIREMENT SO 970 457 PLAN 0.00 212.50 TOTAL CHECK 0.00 49,633.45
10001 V8370 02/23/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUE 0.00 73.13 10001 V8370 02/23/24 1116 POLICE ASSOCIATION 970 POA/ASSOC DUE 0.00 2,550.00 TOTAL CHECK 0.00 2,623.13
10001 V8371 02/23/24 1119 STATE DISBURSEMENT UNIT 970 WAGE GARNISHMENT 0.00 582.33 10001 V8372 02/23/24 8120 TRUSTMARK VOLUNTARY BENE 970 LONG TERM CARE 0.00 1,049.90 10001 V8373 02/23/24 4133 WAGEWORKS, INC. 970 FSA MEDICAL REIMBURSE 0.00 1,943.00 10001 V8373 02/23/24 4133 WAGEWORKS, INC. 970 DEPEND CARE REIMBURSE 0.00 498.35 TOTAL CHECK 0.00 2,441.35
10001 111654 02/23/24 1835 FRANCHISE TAX BOARD 970 WAGE GARNISHMENT 0.00 50.00 10001 111655 02/23/24 8165 NATIONWIDE 970 VET PET INSURANCE 0.00 107.95 TOTAL CASH ACCOUNT 0.00 434,185.39
Item #7. Page 22
Meeting Date: 3/12/2024 / Packet Page #: 50
SUNGARD PENTAMATION PAGE NUMBER: 2
DATE: 02/23/2024 CITY OF GLENDORA ACCTPA21
TIME: 16:19:41 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date='20240223 00:00:00.000' ACCOUNTING PERIOD: 8/24
FUND - 972 - AP DISBURSEMENT FUND

CASH ACCT CHECK NO ISSUE DT VENDOR NAME KEY ORG -----DESCRIPTION------ SALES TAX AMOUNT TOTAL FUND 0.00 434,185.39
TOTAL REPORT 0.00 434,185.39
Item #7. Page 23
Meeting Date: 3/12/2024 / Packet Page #: 51
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 02/23/2024 CITY OF GLENDORA VENCHK11
TIME: 16:16:21 CHECK AND VOUCHER REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 434,027.44
TOTAL REPORT 434,027.44
Item #7. Page 24
Meeting Date: 3/12/2024 / Packet Page #: 52
SUNGARD PENTAMATION PAGE NUMBER: 1
DATE: 02/23/2024 CITY OF GLENDORA VENCHK11
TIME: 16:04:44 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/24

FUND FUND TITLE AMOUNT
970 PAYROLL DISBURSEMENT FUND 157.95
TOTAL REPORT 157.95
Item #7. Page 25
Meeting Date: 3/12/2024 / Packet Page #: 53
Check Number Amount Check Date Payee Check Type
114 $224,304.10 02/20/24 MIRACLE PLAYGROUND SALES OF AP ACH 115 $3,303.00 02/23/24 ADOPT A HWY LITTER REMOVAL SVC, LLC AP ACH 116 $4,865.00 02/23/24 AIR-EX AIR CONDITIONING INC. AP ACH 117 $3,350.00 02/23/24 ATHENS SERVICES AP ACH
118 $145.00 02/23/24 AZTECH ELEVATOR COMPANY AP ACH
119 $42.00 02/23/24 BADGE FRAME, INC AP ACH
120 $162.53 02/23/24 CHARTER COMMUNICATIONS HOLDINGS,LLC AP ACH 121 $585.48 02/23/24 CLEAN SWEEP SUPPLY CO., INC. AP ACH 122 $3,363.50 02/23/24 COCO'S CREW INC AP ACH
123 $492.64 02/23/24 COLLEY AUTO CARS INC AP ACH
124 $2,670.00 02/23/24 CONVERSE CONSULTANTS AP ACH
125 $31.02 02/23/24 DOCU-TRUST AP ACH
126 $275.00 02/23/24 E.G. BRENNAN & CO CORP. AP ACH
127 $57.03 02/23/24 GALE/CENGAGE LEARNING AP ACH
128 $100.00 02/23/24 GLENDORA COMMUNITY SERVICES FNDTN. AP ACH 129 $123.05 02/23/24 GMS ELEVATOR SERVICES, INC AP ACH
130 $3,244.69 02/23/24 GRAINGER AP ACH
131 $60,277.71 02/23/24 IDS GROUP INC. AP ACH
132 $138.00 02/23/24 INTERNATIONAL CODE COUNCIL, INC. AP ACH 133 $1,574.37 02/23/24 INTREPID NETWORKS, LLC AP ACH
134 $600.00 02/23/24 GWEN LACOMBE AP ACH
135 $350.00 02/23/24 LAW ENFORCEMENT MEDICAL AP ACH
136 $1,000.00 02/23/24 LOUISE ERNESTINE CRISS BREWER AP ACH 137 $1,425.00 02/23/24 MUSCO SPORTS LIGHTING, LLC AP ACH 138 $1,129.00 02/23/24 NATIONAL TESTING NETWORK, INC. AP ACH 139 $650.75 02/23/24 PRESCREEN SOLUTIONS, INC AP ACH
140 $940.00 02/23/24 PRIORITY LANDSCAPE SERVICES LLC AP ACH 141 $57.05 02/23/24 THE SAUCE CREATIVE SERVICES AP ACH
142 $42,522.00 02/23/24 SDI PRESENCE LLC AP ACH
143 $448.95 02/23/24 STERICYCLE, INC. AP ACH
144 $1,017.87 02/23/24 STITCHMANIA INC AP ACH
145 $1,295.90 02/23/24 SUMMIT SIGN & SAFETY AP ACH
City of Glendora
Item #7. Page 26
Meeting Date: 3/12/2024 / Packet Page #: 54
Check Number Amount Check Date Payee Check Type
City of Glendora
146 $330.00 02/23/24 THE YOGA DANCE CO. AP ACH
147 $17,842.35 02/23/24 THREE VALLEYS MUNICIPAL WATER AP ACH 148 $2,260.98 02/23/24 ULINE AP ACH
149 $857.75 02/23/24 UNITED RENTALS (NORTH AMERICA) AP ACH 150 $738.36 02/23/24 UNITED RENTALS (NORTH AMERICA) AP ACH 151 $26,046.00 02/23/24 WEST COAST ARBORISTS, INC. AP ACH 152 $809.46 02/23/24 WESTERN WATER WORKS SUPPLY CO. AP ACH 153 $1,550.00 02/23/24 WILLDAN FINANCIAL SERVICES AP ACH 154 $109.00 02/23/24 Y TIRE PERFORMANCE LLC AP ACH
155 $37,567.50 02/23/24 INLAND VALLEY HUMANE SOCIETY & AP ACH 115532 $2,123.69 02/23/24 88844MOTOR AP Printed
115533 $400.00 02/23/24 A & P COMPLIANCE TESTING INC AP Printed 115534 $32,037.04 02/23/24 ALL CITY MANAGEMENT SERVICES INC AP Printed 115535 $112.00 02/23/24 AGI ACADEMY AP Printed
115536 $3,210.00 02/23/24 ANIMAL PEST MANAGEMENT SERVICES AP Printed 115537 $200.00 02/23/24 DF POLYGRAPH AP Printed
115538 $1,228.50 02/23/24 MALISSA APODACA, INC AP Printed 115539 $1,352.46 02/23/24 AQUA-METRIC SALES COMPANY AP Printed 115540 $704.98 02/23/24 AUTOZONE STORES INC AP Printed
115541 $29,627.67 02/23/24 AXON ENTERPRISE INC AP Printed 115542 $51,576.51 02/23/24 AZUSA LIGHT & WATER AP Printed 115543 $324.48 02/23/24 BAKER & TAYLOR, INC. AP Printed 115544 $936.84 02/23/24 BLUE 360 MEDIA LLC AP Printed
115545 $602.36 02/23/24 BOB BARKER COMPANY, INC AP Printed 115546 $66,059.95 02/23/24 BUREAU VERITAS TECHNICAL ASSESMENTS AP Printed 115547 $3,135.00 02/23/24 VENTEK INTERNATIONAL AP Printed 115548 $349.79 02/23/24 CLEAN SWEEP SUPPLY CO., INC. AP Printed 115549 $145.46 02/23/24 COLLEY AUTO CARS INC AP Printed 115550 $14,994.00 02/23/24 CED - RIVERSIDE AP Printed
115551 $16,510.04 02/23/24 CRAFTWATER ENGINEERING INC AP Printed 115552 $168.16 02/23/24 CULLIGAN OF COVINA AP Printed
115553 $3,795.00 02/23/24 CYNTHIA ESTRADA HAEBE AP Printed Item #7. Page 27
Meeting Date: 3/12/2024 / Packet Page #: 55
Check Number Amount Check Date Payee Check Type
City of Glendora
115554 $2,111.52 02/23/24 DOANE AND HARTWIG WATER SYSTEMS, INC. AP Printed 115555 $2,575.00 02/23/24 ARROYO BACKGROUND INVESTIGATIONS AP Printed 115556 $316.38 02/23/24 EWING IRRIGATION PRODUCTS, INC. AP Printed 115557 $669.77 02/23/24 J&J'S SPORTS & TROPHIES AP Printed 115558 $98.12 02/23/24 GLENDORA TROPHY & ENGRAVING AP Printed 115559 $217.28 02/23/24 GRAINGER AP Printed
115560 $1,662.66 02/23/24 USA BLUEBOOK AP Printed
115561 $293.08 02/23/24 HOLLIDAY ROCK CO., INC. AP Printed 115563 $841.57 02/23/24 INNOVATIVE PRINTING CONCEPTS INC. AP Printed 115564 $20,040.04 02/23/24 INTER-CON SECURITY SYSTEMS INC. AP Printed 115565 $1,814.40 02/23/24 JMD AP Printed
115566 $9,436.63 02/23/24 KEYSTONE UNIFORM DEPOT AP Printed 115567 $15.98 02/23/24 LANGUAGE LINE SERVICES INC. AP Printed 115568 $13,344.51 02/23/24 COUNTY OF LOS ANGELES AP Printed 115569 $5,085.07 02/23/24 LOS ANGELES COUNTY PUBLIC WORKS AP Printed 115570 $499.20 02/23/24 LA COUNTY SHERIFF'S DEPT AP Printed 115571 $1,589.08 02/23/24 COUNTY OF LOS ANGELES AP Printed 115572 $1,100.00 02/23/24 EMERGENCY RESPONSE CRIME AP Printed 115574 $17,084.57 02/23/24 MIWALL CORPORATION AP Printed 115575 $209.46 02/23/24 O'REILLY AUTO PARTS AP Printed
115576 $266.92 02/23/24 OFFICE DEPOT AP Printed
115577 $1,099.77 02/23/24 OFFICE DEPOT AP Printed
115578 $300.00 02/23/24 Bertha Andrade AP Printed
115579 $1,500.00 02/23/24 ERIC MIKITY AP Printed
115580 $25.00 02/23/24 Gary Bishop AP Printed
115581 $200.86 02/23/24 Pandora's Restaurant AP Printed 115582 $23,542.50 02/23/24 ONWARD ENGINEERING AP Printed 115583 $1,393.28 02/23/24 PITNEY BOWES POSTAGE BY PHONE AP Printed 115584 $172,107.83 02/23/24 QUINN COMPANY AP Printed
115585 $4,764.15 02/23/24 QUINN RENTAL SERVICES AP Printed 115586 $9,212.50 02/23/24 RIGHT OF WAY, INC. AP Printed 115587 $5,638.14 02/23/24 TONY'S AUTO REPAIR AP Printed Item #7. Page 28
Meeting Date: 3/12/2024 / Packet Page #: 56
Check Number Amount Check Date Payee Check Type
City of Glendora
115588 $266.00 02/23/24 ROUTE 66 CAR WASH INC. AP Printed 115589 $6,267.41 02/23/24 PRECISION CONCRETE CUTTING AP Printed 115590 $180.63 02/23/24 SCHOLASTIC LIBRARY PUBLISHING AP Printed 115591 $168.88 02/23/24 SHRED-IT USA AP Printed
115592 $2,625.00 02/23/24 SIKAND ENGINEERING ASSOCIATES AP Printed 115593 $713.66 02/23/24 SOCALGAS AP Printed
115594 $47.46 02/23/24 SOUTHEAST CONSTRUCTION AP Printed 115595 $163.06 02/23/24 SOUTHEAST CONSTRUCTION AP Printed 115596 $49,938.36 02/23/24 SOUTHERN CALIFORNIA EDISON AP Printed 115597 $564.17 02/23/24 STEVE'S PROFESSIONAL GLASS TINTING AP Printed 115598 $521.32 02/23/24 SUBURBAN WATER SYSTEMS AP Printed 115599 $100.00 02/23/24 T-MOBILE USA, INC. AP Printed
115600 $100.00 02/23/24 T-MOBILE USA, INC. AP Printed
115601 $896.00 02/23/24 TOP BILLING ENTERTAINMENT AP Printed 115602 $1,334.79 02/23/24 HAAKER EQUIPMENT COMPANY AP Printed 115603 $287.60 02/23/24 TRANSUNION RISK & ALTERNATIVE AP Printed 115604 $891.97 02/23/24 JOHNSON CONTROLS SECURITY SOLUTIONS AP Printed 115605 $932.62 02/23/24 U.S. ARMOR CORPORATION AP Printed 115606 $616.92 02/23/24 UNIFIRST CORPORATION AP Printed 115607 $66.15 02/23/24 TAS AP Printed
115608 $1,746.47 02/23/24 WESTERN WATER WORKS SUPPLY CO. AP Printed 115609 $9,575.00 02/23/24 PCI AP Printed
$1,055,304.71
Item #7. Page 29
Meeting Date: 3/12/2024 / Packet Page #: 57

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: RECREATION AND HUMAN SERVICES DISTRICT(S): CITYWIDE SUBJECT: NOTICES OF COMPLETION OF LOUIE POMPEI MEMORIAL SPORTS PARK ARTIFICIAL

TURF CONVERSION AND REPLACEMENT PROJECTS

RECOMMENDATION
That the City Council:

1. Approve and accept the completion of the Artificial Turf Replacement of Field 3 at Louie Pompei Memorial Sports Park by FieldTurf USA, Inc;

2. Approve and accept the completion of the Artificial Turf Conversion of Fields 1, 2, 4, and 5 at Louie Pompei Memorial Sports Park by Ohno Construction Company; and

3. Authorize the Mayor to sign the Notices of Completion for recordation.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
In 2022, the City began looking at ways to save water as the state of California’s water levels in the State’s reservoirs were at historic lows and the City implemented a stage 3 water shortage contingency plan. The contingency plan was intended to reduce water consumption by 30 percent and limit outdoor irrigation to three days per week. With the 20% reduction of water consumption, staff looked at park sites within the City to identify any possible areas where turf conversions could take place. Louie Pompei Memorial Sports Park was identified as a major water use area, an area where the City could benefit from artificial turf conversion. The estimated water savings for the City is approximately 11 million gallons of water per year.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On December 13, 2022, City Council approved a Design-Build Services agreement to Ohno Construction Company for the design and construction of the Louie Pompei Memorial Sports Park Artificial Turf Conversion Project over a one-year period in the total amount of $5,100,000.

On September 26, 2023, City Council approved an agreement for Artificial Turf Replacement for Field 3 at Louie Pompei Memorial Sports Park to FieldTurf USA, Inc. In the amount not to exceed $509,307.76.

DISCUSSION
The Design-Build project began in January 2023 and was completed in December 2023. The Field 3 replacement project began in September 2023 and was completed in December 2023.

The project replaced all of the natural grass turf with artificial turf throughout the entirety of the park.

Between all the fields, the City is able to provide play area for soccer, football, softball, and flag football.

Item #8. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 58
Staff Report Page 2 of 4
The project is now complete, and the fields are ready to be used. Staff recommends that Council accept the completed project and authorize the mayor to sign the Notices of Completion for recordation. City Clerk office will record the executed Notice of Completion with Los Angeles County Recorder Office.

Item #8. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 59
Staff Report Page 3 of 4

FISCAL IMPACT
On December 13, 2022, City Council approved a design-build services agreement with Ohno Construction Company in the amount of $5,100,000. On September 26, 2023, City Council approved a contract with FieldTurf USA, Inc in the amount not to exceed $509,307.76. The table below outlines the costs for the projects.

PROJECT ELEMENT COST
FieldTurf USA, Inc
Civil Scope $79,214.87
Turf Materials $225,167.95
Turf Installation $96,500.55
Infill $56,915.50
Bonds $5,208.18
Total $463,007.05
Ohno Construction Company
Design/Engineering $303,000
Administrative Costs $596,635.60
Item #8. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 60
Staff Report Page 4 of 4
Construction & Materials $4,096,285.37
Amenities $104,079.03
Change Orders $44,717.11
Total $5,144,717.11
Total Projects Budget $5,609,307.76
Total Artificial Turf Projects $5,607,724.16
(Over)/Under Budget $1,583.60

ENVIRONMENTAL DETERMINATION
A CEQA Notice of Exemption was approved for these projects by the City Council on December 22, 2022.

Prepared By Kelsey Fay, Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Notice of Completion – Ohno Construction Company
B. Notice of Completion – FieldTurf USA, Inc.

Item #8. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 61
Rev. 08/2018
RECORDING REQUESTED BY:

CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:

CITY CLERK

CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or AGENT of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The full name of the OWNER is: CITY OF GLENDORA

3. The full address of the OWNER is: 116 E. Foothill Boulevard, Glendora, CA 91786

4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest.

5. A work of improvement on the property hereinafter described was COMPLETED on December 21, 2023

6. The work of improvement completed is described as follows:

Louie Pompei Memorial Sports Park Artificial Turf Conversion Project

7. The name of the original contractor, if any, for such work of improvement is: Ohno Construction Company

8. The street address of said property is: 1100 S Valley Center Ave. Glendora, CA 91740

9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:

The scope of this project consisted of removal of natural turf and replace with artificial turf on 4 multi use fields.

CITY OF GLENDORA
Date: March 12, 2024
(Date) Signature of Owner or agent: MENDELL THOMPSON, Mayor

VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the Mayor of the City of Glendora of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

March 12, 2024 at Glendora, California

MENDELL THOMPSON
Item #8. Page 5
Meeting Date: 3/12/2024 / Packet Page #: 62
Rev. 08/2018
RECORDING REQUESTED BY:

CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:

CITY CLERK

CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or AGENT of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The full name of the OWNER is: CITY OF GLENDORA

3. The full address of the OWNER is: 116 E. Foothill Boulevard, Glendora, CA 91786

4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest.

5. A work of improvement on the property hereinafter described was COMPLETED on December 21, 2023

6. The work of improvement completed is described as follows:

Louie Pompei Memorial Sports Park Field 3 Artificial Turf Replacement

7. The name of the original contractor, if any, for such work of improvement is: FieldTurf USA, Inc.

8. The street address of said property is: 1100 S Valley Center Ave. Glendora, CA 91740

9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:

The scope of this project consisted of replacement of existing artificial turf on one field.

CITY OF GLENDORA
Date: March 12, 2024
(Date) Signature of Owner or agent: MENDELL THOMPSON, Mayor

March 12, 2024 at Glendora, California

MENDELL THOMPSON
Item #8. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 63

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: DECLARE LISTED VEHICLES AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO

SELL AT AUCTION OR DISPOSE AS NECESSARY

RECOMMENDATION
That the City Council:

1. Declare the vehicles and equipment listed in the staff report as surplus and authorize staff to sell said vehicles and equipment at auction or dispose as deemed necessary.

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The Public Works Department has 39 vehicles that have reached the end of their useful lives. In order to send them to auction, or dispose of them, they must be declared surplus first. City staff will also consider donation of transportation vehicles as is to non-profit organizations through a structured process.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code Chapter 2.40 Purchasing System, 2.40.030 (9) Duties and authority of the purchasing designee and contract execution:

The purchasing designee is authorized from time to time to sell or exchange any and all equipment, materials, fixtures and other personal property of the city having a salvage value, and which is obsolete or unserviceable, or is surplus to the City, or for which replacement is to be purchased. The purchasing designee may sell the same for the best price obtainable in the open market or, when he or she deems it advisable, to the highest bidder at public sale, or he or she may exchange the same for other property or for credit on other property. In the event the purchasing designee determines that any such obsolete or surplus property has no salvage value, he or she may dispose of it as he or she deems advisable. Any employees involved in declaring property surplus, or in the sale of said property, are excluded from acquiring it in any way.

DISCUSSION
The following vehicles have reached the end of their useful life, are no longer reliable, or have been replaced. Therefore, disposal through a licensed salvage company or auction is recommended. The Police Department has more than 20 vehicles, while the Water Department has 12 vehicles, all models as old as 2001, resulting in a significant accumulation. This buildup is largely due to the City's declaring surplus property that has built up for several years. This surplus will aid in reducing the accumulation of unused vehicles and create space for the departments to gradually acquire new, functional vehicles.

FISCAL IMPACT
The sale of surplus vehicles through an auction will generate revenue that will be credited to Fund 549 Vehicles to be reallocated for the purchase of new vehicles. Given the age and condition of the vehicles, staff estimates the value of the vehicles to be approximately $45,000.

Item #9. Page 1
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Staff Report Page 2 of 2

ENVIRONMENTAL DETERMINATION
N/A
Prepared By Desiree L. Hernandez, Purchasing Coordinator Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Surplus Vehicles
Item #9. Page 2
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DEPARTMENT YEAR MAKE MODEL VEHICLE IDENTIFICATION MILAGE AGE ENGINEERING DEPARTMENT 2003 FORD EXPLORER 1FMZU63K93UC17079 137,632 21 POLICE DEPARTMENT 2003 FORD EXPLORER 1FMZU63K53UC17077 146448 21 POLICE DEPARTMENT 2011 FORD CROWN VICTORIA 2FABP7BV0BX180368 114212 13 POLICE DEPARTMENT 2019 FORD EXPLORER 1FM5K8AR8KGB55137 22100 5 POLICE DEPARTMENT 2017 FORD EXPLORER 1FM5K8AR0HGD06710 86646 7 POLICE DEPARTMENT 2015 FORD EXPLORER 1FM5K8AR6FGB83640 110681 9 POLICE DEPARTMENT 2017 FORD EXPLORER 1FM5K8AR2HGD06711 91890 7 POLICE DEPARTMENT 2016 FORD EXPLORER 1FM5K8AR8GGC42219 86798 8 POLICE DEPARTMENT 2018 FORD EXPLORER 1FM5K8AR7JGB34293 101613 6 POLICE DEPARTMENT 2007 BMW R 1200 RT WB10388007ZM19575 71494 17 POLICE DEPARTMENT 2007 BMW R 1200 RT WB10388037ZT11838 67040 17 POLICE DEPARTMENT 2015 FORD EXPLORER 1FM5K8ARXFGB83639 100715 9 POLICE DEPARTMENT 2008 FORD EXPLORER 1FMEU63E28UA39239 112802 16 POLICE DEPARTMENT 2015 FORD EXPLORER 1FM5K8AR8FGB83641 87269 9 POLICE DEPARTMENT 2008 FORD CROWN VICTORIA 2FAFP71V68X150450 96326 16 POLICE DEPARTMENT 2003 FORD EXPLORER 1FMZU63K73UC17078 93182 21 POLICE DEPARTMENT 2016 FORD EXPLORER 1FM5K8AR0GGC36740 90290 8 POLICE DEPARTMENT 2008 FORD CROWN VICTORIA 2FAFP71V18X150470 82116 16 POLICE DEPARTMENT 2011 FORD CROWN VICTORIA 2FABP7BV3BX176041 65602 13 POLICE DEPARTMENT 2010 NISSAN ARMADA 5N1AA0ND6AN602320 182528 14 STREETS DEPARTMENT 2006 GMC SIERRA 2500 1GDHC29U46E285028 88278 18 STREETS DEPARTMENT 2001 CHEVROLET SILVERADO 2500 1GBHC24U51E331541 112459 23 TRANSPORTATION DEPARTENT 2010 DODGE GRAND CARAVAN 2D4RN4DE2AR420522 135648 14 TRANSPORTATION DEPARTENT 2016 FORD E-450 1FDFE4FS7GDC03946 140276 8 TRANSPORTATION DEPARTENT 2012 DODGE GRAND CARAVAN 2C4RDGBG4CR322603 140905 12 TRANSPORTATION DEPARTENT 2011 DODGE GRAND CARAVAN 2D4RN4DG2BR794972 150403 13 TRANSPORTATION DEPARTENT 2008 CHEVROLET UPLANDER 1GBDV13W48D207816 147176 16 WATER DEPARTMENT 2008 GMC CANYON 1GTCS19E788123156 79968 16 WATER DEPARTMENT 2003 FORD EXPLORER SPORT TRAC 1FMZU67E93UC13618 80560 21 WATER DEPARTMENT 2003 FORD EXPLORER 1FMZU63K73ZB17050 155796 21 WATER DEPARTMENT 2003 FORD RANGER 1FTZR45E33TA36549 81956 21 WATER DEPARTMENT 2006 GMC SIERRA 1GDHK24U66E116445 136387 18 WATER DEPARTMENT 2006 GMC CANYON 1GTCS146468130773 114703 18 WATER DEPARTMENT 2000 DODGE DAKOTA 1B7GL22X7YS515704 78873 24 WATER DEPARTMENT 2006 GMC SIERRA 1GDHC24U56E116238 95274 18 WATER DEPARTMENT 2006 GMC CANYON 1GTCS146068130561 141650 18 WATER DEPARTMENT 2006 GMC SIERRA 2500 1GDHC24U36E117243 118462 18 WATER DEPARTMENT 2006 GMC CANYON 1GTCS196368274355 149431 18 WATER DEPARTMENT 2006 GMC CANYON 1GTCS196468277345 163761 18 Item #9. Page 3
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STAFF REPORT
TO: CHAIR AND AGENCY MEMBERS DATE: MARCH 12, 2024
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: CITY OF GLENDORA REBRANDING UPDATE

RECOMMENDATION
That the City Council:

1. Provide input and direct staff to move forward with the proposed Glendora Rebrand Logo Concept.

EXECUTIVE SUMMARY
On March 9, 2023 a Strategic Planning Workshop was conducted to assist in the development of the 2023-2026 Strategic Plan at which time several strategic objectives focusing on developing and enhancing City branding were introduced and later adopted by the City Council on April 11, 2023.

The City engaged JPW Communications, a southern California based firm specializing in government communications and branding who strived to balance the city’s rich history with its future aspirations, desire to attract new businesses, and enhance the quality of life for the residents and businesses that call the city home. JPW’s approach and methodology was collaborative, and the proposed concepts were developed after numerous meetings with City staff to evaluate the City’s current branding, feedback from surveys, the Community, Community Organizations, City Council, members of the City’s Board(s)/Commission(s), and City management.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Historically, the City’s branding efforts have consisted of the official City Seal. The Glendora City Seal was commissioned in 1955 by then City Manager Craig McMicken. Renowned local artist and lifelong Glendora resident Webb Detwiler was asked to design the seal. Detwiler incorporated oranges and lemons, representing Glendora’s rich history in the citrus industry, a residential element represented by a period Craftsman bungalow, and a torch, a common design theme dating back centuries, symbolic of hope and enlightenment.

On March 9, 2023, the City Council met to discuss and provide direction on the Draft 2023-2025 Two-Year Strategic Plan.

On April 11, 2023, the City Council adopted the 2023-2025 Two-Year Strategic Plan which is comprised of seven goals, 49 objectives, and more than 185 tasks (major milestones) several of these strategic objectives focus on the development and enhancement of the City brand.

In order to facilitate these requests, proposals to develop a new brand for the City of Glendora were requested and analyzed and on September 12, 2023, the City Council awarded a contract to JPW Communications, a southern California based firm specializing in government communications and branding, to conduct a Brand Assessment, Design, and Rollout.

DISCUSSION
The City of Glendora has been proactive in executing brand initiatives that impact both the organization Item #10. Page 1
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Staff Report Page 2 of 4
and community. Significantly, development and modernization of existing branding such as the City and Public Library iconography, including the official seal and logos began in 2014. A full website user interface (UI) update was implemented in 2016, modernizing both the look and functionality through visual design, colors, iconography, typography and layout of the City’s main portal for information and communication. Informed by the website refresh, updates to previous brand initiatives were implemented along with a more comprehensive Brand Standard Manual in 2019. The Brand Standard Manual introduced guidelines for City staff and community partners in the appropriate use of seals, logos, typography, color palette, letterhead, printed and digital communications, business cards, and presentation materials.

History of Glendora Branding
The table below summarizes the City’s current recognition programs.

YEAR DETAILS LOGO(S)
1955 Original Seal Design
2014 Media Logo
2019
Department Branding
A brand that is unique and engaging provides a foundation for community interest and perception of a city as desirable for businesses, a destination for visitors, or for individuals and families to live. Brand strategy is a critical component toward economic growth, and to enhance a city’s local, regional, or global awareness. Brand strategy leverages city features and amenities to support relevant and compelling messaging to the city’s target audience. Brand development seeks to extend beyond marketing campaigns and reach a deeper, emotionally shared vision that encourages community membership.

City staff applies current brand strategies to marketing campaigns and public outreach via the City’s website, reaching over 1 million visitors annually, and on the City’s social media platforms, reaching nearly half a million users annually. Developing a comprehensive brand strategy for a community should include a variety of stakeholders, ensuring multiple perspectives and issues are weighed and making buyin and execution less complicated.

With the adoption of the 2023-2025 Two-Year Strategic Plan on April 11, 2023 and several of the adopted strategic objectives focused on the development and enhancement of the City brand. In order to facilitate conversations on these objectives, proposals to develop a new brand for the City of Glendora were requested and on September 12, 2023, the City Council awarded a contract to JPW Communications, a southern California based firm specializing in government communications and branding, to conduct a Brand Assessment, Design, and Rollout. JPW Communications is comprised of marketing, design, and communication professionals, all with prior government experience themselves, has worked with over 60 Item #10. Page 2
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Staff Report Page 3 of 4
local government agencies in California on developing branding and messaging strategies since 2015 and provides comprehensive research, assessment, and development processes that help identify key decision markers.

This partnership has allowed for a collaborative approach with a goal to balance the city’s rich history with its future aspirations, attract new businesses, and enhance quality of life for the residents and businesses that call Glendora home. It incorporated comprehensive research, assessments, and development processes, stakeholder input and helped identify key decision markers.

Approach
JPW utilizes a 5-phase approach for the branding process since Community branding work takes a unique mix of discovery, strategic thinking, design excellence, project management skills and political acumen to create an authentic brand that reflects the community.

Phase 1 – Conduct Research
JPW conducted thorough research of the agency, the community, its stakeholders to establish a holistic understanding of Glendora. During this phase, JPW sought input to uncover the perceptions, realities and aspirations for Glendora in order to define its true brand DNA.

During this phase, JPW utilized a mix of qualitative and quantitative research methods that included:
• Community familiarization tour
• Brand material audit/environmental scan
• Competitive analysis
• Demographic research
• SWOT analysis with key city project team
• 1:1 Interviews with key stakeholders (12 interviews)
• Community survey
Phase 2 – Develop Strategy
Once the research was complete, JPW drafted a research findings and insight report that made sense of all the research pieces. This became the backbone for the development of a fresh brand narrative for the city as well as a creative brief that would be used to guide the design of a new community mark.

Phase 3 – Design Identity
One consensus was achieved on the research insights, brand narrative, creative brief and design concept, JPW began working on a one-of-a-kind hand lettered wordmark that would be as unique as the community itself. This treatment harkened back to Glendora’s founding in an inviting manner that welcomes all to return, rethink or reimagine Glendora’s future.

Proposed Glendora Rebrand | Logo Concept
TENTATIVE NEXT STEPS:

Item #10. Page 3
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Staff Report Page 4 of 4
Date Description
March 2024 Council presentation/approval
April 2024 Update of the City Seal and Logo Ordinance (GMC 1.12.020 Official seal and city logo).

April 2024 Develop launch video, brand standards manual, supporting collateral pieces, and State of the City announcement/event
May 2024 Staff announcement/event
Community announcement
June 2024 Turn over all soft assets to new brand
July 2024 Turn over all hard assets to new brand
August 2024 New website revealed

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

ENVIRONMENTAL DETERMINATION
There is no environmental determinations required with the recommendations in the report.

Prepared By Greg Morton, Senior Digital Media Specialist Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Marie Ricci, Deputy City Manager
Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. PowerPoint Presentation
Item #10. Page 4
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City of Glendora

REBRANDING UPDATE
March 12, 2024
Item #10. Page 5
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Introduction
2 Item #10. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 72
Branding Process
3 Item #10. Page 7
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4 Process
4 Item #10. Page 8
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Research Completed
5 Item #10. Page 9
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6 Research completed
6 • SWOT analysis with key city project team
• 1:1 interviews with several key stakeholders
• Community familiarization tour
• Community survey
• Demographic research
• Competitive/landscape analysis
• Brand material audit
Item #10. Page 10
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Research Highlights
7 Item #10. Page 11
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8 Overview
8 • THEMES: Close connections, resident pride and safety are three main themes that reoccur throughout the community survey and interviews
with stakeholders.
• POINTS OF DISTINCTION: Glendora is a comfortable and desirable place where multiple generations continue to call home. It boasts a quintessential, authentic small-town character that other cities can only hope to replicate.
• OPPORTUNITIES: Neither residents nor stakeholders regularly identified an emblem, color palette or visual marker to encapsulate Glendora, so the new brand is not bound to any preexisting preferences.

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9 Visual elements
9 • No consistent visual elements or colors were mentioned, besides the foothills, as something that could encapsulate Glendora in a branded mark. • Essentially, this creates a blank canvas for the new brand. • Based on feedback, the new brand needs to be classic, approachable and reflective of its personality.

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10 Overview
10 • The existing seal has low brand recognition, so the City has a great opportunity to create a complementary mark without much disruption.
• No clear landmarks, colors or attributes to highlight visually, besides the foothills.
• 60% of respondents want to see a brand that reflects both Glendora’s history and its future
• Key themes of tight-knit community, safety, and family-friendly were mentioned often. • There is concern about Glendora’s future and how much it can hold onto its legacy while evolving.

Item #10. Page 14
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11 Question 1
11 Item #10. Page 15
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12 Question 3
12 Second word selection
Third word selection
First word selection
Item #10. Page 16
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13 Question 4
13 Item #10. Page 17
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Creative Brief
14 Item #10. Page 18
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15 Creative objectives
15 • Create a visual identity for Glendora that reflects her welcoming, warm and charming personality.
• Celebrate Glendora’s reputation as a tight-knit, community-centered city where generations can flourish.
• Enrich the existing community brand to better reflect its purposeful future.

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16 Brand narrative
16 Glendora’s charm is undeniable. There is no other Glendora – period. She is one of a kind.

She is a home worth returning to and being proud of, and at this stage of her life, Glendora is ready to tout her heritage, articulate her unique character, and set the table for her future.

While other towns have abandoned their historic charms, Glendora chooses to embrace them. She is classic, quaint, and proudly so. Using hand lettering, this campaign will illustrate all the reasons why Glendora is so special. Like a signature at the end of a letter, Glendora is inviting new friends to enjoy the city and continuing to host all who’ve been family for years.

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Logo Reveal
17 Item #10. Page 21
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18 18
Item #10. Page 22
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Color Reveal
19 Item #10. Page 23
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20 20
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Application Reveal
21 Item #10. Page 25
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22 22
Item #10. Page 26
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Next Steps/Timeline
23 Item #10. Page 27
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24 Next steps
24 Month Actions
March 2024 Council presentation and feedback
April 2024 Develop supporting collateral pieces
Develop brand standard manual
Develop launch video
State of the City announcement
May 2024 Staff announcement/rollout
Community announcement/rollout
June 2024 Soft assets delivered for rollout
July 2024 Hard assets delivered for rollout
August 2024 Website redesign completed
Item #10. Page 28
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Thank You!
Jenny Windle, MPA
Founder and CEO
JPW, Inc.
(760) 683-8395
[email protected]
Item #10. Page 29
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Survey Analysis
32 Item #10. Page 30
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT WITH RUIZ CONCRETE AND PAVING, INC. FOR ROUTE 66 SIDEWALK AND CURB RAMP REHABILITATION PROJECT FY 2022-2023, PLAN NO. 1377 AND LONE HILL AVENUE SIDEWALK AND CURB RAMP REHABILITATION PROJECT FY 2023-2024, PLAN NO. 1381 IN AN AMOUNT NOT TO EXCEED $263,915.

RECOMMENDATION
That the City Council:

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

2. Authorize the Administrative Services Director to appropriate RMRA funds in the amount of $135,734 to the project budget;

3. Award the contract to Ruiz Concrete and Paving Inc. for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Avenue Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 in the amount of $263,915 plus a 10% contingency of the amount of $26,391.50 for a total of $290,306.50;

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

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

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
The bid opening for “Route 66 Sidewalk and Curb Ramp Rehabilitation Project FY 2022-23, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project FY 2023-24, Plan No. 1381” was held on November 30, 2023. Ten (10) prime contractors downloaded bid packages and submitted bid proposals. The ten responsive bids range from $263,915 to $714,575. Ruiz Concrete and Paving Inc. has been identified as the lowest responsive bidder with a bid amount of $263,915.

Staff recommends awarding Ruiz Concrete and Paving Inc. the contract in the amount of $263,915 plus a 10% contingency of $26,400, for a total potential amount of $290,315, and authorize staff to execute the agreement and any necessary change orders not exceeding the contingency.

BACKGROUND
The project location was chosen as part of a Road Maintenance and Rehabilitation Account Program (RMRA) for the fiscal years of 2022-2024. The project will benefit residents of Glendora by repairing damaged sidewalks and constructing ADA compliant curb ramps, providing increased accessibility to people with disabilities. The work would be done on Route 66 from Barranca Ave. to Cataract Ave. and Lone Hill Ave. from E. Foothill Blvd. to E. Petunia St.

Item #11. Page 1
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Staff Report Page 2 of 3

DISCUSSION
This project consists of removing existing sidewalks with deflections or gaps and constructing ADA compliant curb ramps and PCC sidewalks. The new curb ramps will increase accessibility within the area, allowing residents with various disabilities greater unobstructed movement. The curb ramps will be constructed in compliance with the Standard Specifications for Public Works Construction, which adhere to the Americans with Disabilities Act of 1990.

The location was chosen based on the high frequency of pedestrian traffic and necessity for restoration of the historic route. ADA compliant curb ramps already exist in some of the intersections, but are lacking in truncated domes, which assist residents with visual disabilities by providing a physical, detectable warning boundary between the sidewalk and crosswalk. Any survey monuments, including tie-outs, will be reestablished after construction of the curb ramps if necessary.

Below is a vicinity map of the project location.

The notice inviting bids on QuestCDN was published in San Gabriel Valley Examiner on November 9 and 16, 2023 and bids were received on November 30, 2023. Ten (10) prime contractors downloaded bid packages and submitted bid proposals. The ten responsive bids range from $263,915 to $714,575. Ruiz Concrete and Paving Inc. has been identified as the successful bidder with a bid amount of $263,915.

Bid Summary
Contractor Name Bid Amount
Ruiz Concrete and Paving Inc $ 263,915.00
CJ Concrete Construction Inc $ 373,350.00
Onyx Paving Company Inc $ 420,000.00
CT&T Concrete Paving Inc $ 454,730.00
Kalban Inc $ 521,650.00
Alfaro Communications Construction Inc $ 534,248.50
We R Builders $ 545,080.00
Item #11. Page 2
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Staff Report Page 3 of 3
LCR Earthwork & Engineering Corp $ 587,775.00
Toro Enterprises Inc $ 661,720.00
Gentry Brothers Inc $ 714,575.00

FISCAL IMPACT
The total construction cost of this project is expected to be $263,915.00. Due to the project’s nature, staff respectfully request a 10% ($26,400) contingency be added to the construction contract, giving a total potential construction cost of $290,315. As the expected project cost exceeds the allocated budget, staff are requesting to appropriate $135,800 from Fund 256 RMRA (SB1) balance to account 25600990-70000.

Task Budget Proposed
Expenditures
Project Budget $155,000.00
Publication $352.00
Environmental $75.00
Construction $ 263,915.00
Construction Contingency (10%) $ 26,400.00
Total $ 290,742.00
Budget Appropriation $135,800.00

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

Prepared By Lelani Bautista Gnaster, Engineering Technician Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Notice of Exemption 1377 1381
B. Plan Holder List 1377 1381
C. Bid Summary 1377 1381
D. Bid Extension 1377 1381
E. Bid Proposal 1377 1381
F. Contract Agreement 1377 1381
G. Presentation
Item #11. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 99

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION
Project Title: Sidewalk and Curb Ramp Rehabilitation Projects FY2022-23 & FY2023-24: Route 66 - Plan No. 1377 & Lone Hill Ave. Plan No. 1381
Project Locations: Project work is to take place within public rights-of-way: Route 66 from Barranca Ave. to Amelia Ave. and Lone Hill Ave. from E Foothill Blvd. to E Petunia St.

Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 E Foothill Blvd., Glendora, CA 91741 Project Description: The project involves removing and replacing curb ramps with ADA curb ramps, grinding lifted sidewalk panels, replacing damaged sidewalk panels, and re-establishing survey monuments including tie-out.

The City Council recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Section: 15301(c):

Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes) – Class 1.

Statutory Exemption. Code Number:

Reasons why project is exempt: The project involves removing and replacing sidewalks, and similar facilities such as ADA curb ramps, grinding lifted sidewalk panels, replacing damaged sidewalk panels, and re-establishing survey monuments including tie-out.

Date:

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

City Council on
Date:

William Wittkopf, Public Works Director (626) 914-8246
Item #11. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 100
Plan Holder Report as of 12/14/2023 12:46 PM CST
Route 66 Sidewalk and Curb Ramp Rehabilitation Project and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project Quest eBidDoc™ Number: 8815368
Closing Date: 11/30/2023 10:00 AM PST Posting Type: Construction Project Owner Name: Glendora CA, City of Solicitor Name: Glendora CA, City of Contact: Desiree Hernandez Phone: 626-914-8238 Email: [email protected] Company Name & Address Contact Name/Email Address Phone/Fax Bus, Cert Bus, Desig Entry Date Doc Type Comments NPI Concrete
15439 Monte St. Sylmar, CA91342
Cynthia Zarate
[email protected]
818-367-9340 DBE Prime Bidder 11/13/2023 eBidDoc
DD Systems Inc.
147 W. Route 66 #431,
Glendora, CA-91740
Danny Daher
[email protected]
626-852-0257
626-852-0258
Prime Bidder 11/13/2023 eBidDoc
Ruiz Concrete and paving, inc.

PO box 4177, Long Beach, CA90804
Miguel Ruiz
[email protected]
562-439-3070 Prime Bidder 11/14/2023 eBidDoc
Onyx Paving Company, Inc.
2890 E. La Cresta Ave.

Anaheim, CA-92806
Corey Kirschner
[email protected]
714-632-6699
714-632-1883
Prime Bidder 11/14/2023 eBidDoc
Toro Enterprises, Inc.
2101 E Venture Blvd. Oxnard,
CA-93036
Tyson Rising
[email protected]
805-483-4515 Prime Bidder 11/14/2023 eBidDoc
J&A Structures, Inc.
1890 Duncan Way Corona, CA92881
Karla Lopez
[email protected]
951-317-9649 Subcontractor 11/14/2023 eBidDoc
CT&T Concrete Paving Inc.
324 S. Diamond Bar Blvd, PMB
275, Diamond Bar, CA-91765
Jose Carvajal
[email protected]
909-629-8000
909-629-8001
SBE Prime Bidder 11/14/2023 eBidDoc
HZS engineering Inc
1403 N. Batavia St #108,
Orange, CA-92867
Hamid Shekaramiz
[email protected]
949-415-9556 Prime Bidder 11/15/2023 eBidDoc
Item #11. Page 5
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Company Name & Address Contact Name/Email Address Phone/Fax Bus, Cert Bus, Desig Entry Date Doc Type Comments CJ Concrete Construction Inc
10142 Shoemaker Ave. Santa
Fe Springs, CA-90670
Kevin Camacho
[email protected]
562-777-2222 SBE Prime Bidder 11/15/2023 eBidDoc
BidAmerica
41085 Elm Street, Murrieta,
CA-92562
Tom Davis
[email protected]
951-837-0559 Plan Room 11/16/2023 eBidDoc
Dodge Data & Analytics
2860 S State Hwy 161, Grand
Prairie, TX-75052
Daedri Cavuoto
[email protected]
513-666-3354
800-768-5594
Plan Room 11/16/2023 eBidDoc
ConstructConnect
3825 Edwards Rd. Cincinnati,
OH-45209
Eric Mills
[email protected]
800-364-2059
866-570-8187
Plan Room 11/16/2023 eBidDoc
Gentry Brothers, Inc.
384 E. Live Oak Ave. Irwindale,
CA-91706
Jason Roehrborn
[email protected]
626-357-9631 Prime Bidder 11/16/2023 eBidDoc
LCR Earthwork & Engineering,
Corp.
4791 Mount Rainier St. Jurupa
Valley, CA-92509
Jennifer Mendoza
[email protected]
951-934-3231
951-934-3020
SBE Prime Bidder 11/17/2023 eBidDoc
PCI
975 W. 1st Street, Azusa, CA91702
William Jacob
[email protected]
562-218-0504
562-218-0634
SBE Subcontractor 11/17/2023 eBidDoc
Voltaire Engineering, Inc.
1460 Cambridge Ave,
Redlands, CA-92374
Peter Delgado
[email protected]
909-747-8414 Prime Bidder 11/17/2023 eBidDoc
Kalban, Inc.
26450 Ruether Ave #201,
Santa Clarita, CA-91350
Matthew Lawrence
[email protected]
818-504-1065
818-504-1067

SBE, DBE,

WBE, MBE,
TGB, Vet Pref,

VOSB, WOSB
Prime Bidder 11/21/2023 eBidDoc
Quest Construction Data
Network
PO Box 517, Shakopee, MN55379
QuestCDN Support and Sales
[email protected]
952-233-1632 Other 11/22/2023 eBidDoc
Item #11. Page 6
Meeting Date: 3/12/2024 / Packet Page #: 102
Company Name & Address Contact Name/Email Address Phone/Fax Bus, Cert Bus, Desig Entry Date Doc Type Comments Rusty Bucket Construction LLC
614 E Ovington St. Lancaster,
CA-93535
Rafael Sosa
[email protected]
310-754-5791 SBE Prime Bidder 11/22/2023 eBidDoc
We R Builders
3746 Foothill Blvd #304,
GLENDALE, CA-91214
Nezar Alsmadi
[email protected]
714-423-3844 Prime Bidder 11/24/2023 eBidDoc
Guill's Inc
313 E. Orange Grove Blvd,
Pasadena, CA-91104
Juan Munoz
[email protected]
626-712-3267 Prime Bidder 11/28/2023 eBidDoc
Glendora CA, City of
116 E Foothill Blvd, Glendora,
CA-91741
Lorena Cordova
[email protected]
626-914-8210 Government
Agency
11/28/2023 eBidDoc
Leonida Builders Inc.
15821 Live Oak Springs
Canyon Rd, Santa Clarita, CA91387
Panagiotis Leonida
[email protected]
951-532-7717
951-566-4022
Prime Bidder 11/28/2023 eBidDoc
PWXPress
1900 Coffeeport Rd,
Jacksonville, FL-03220
Mary Miller
[email protected]
408-676-8941 TGB Supplier 11/28/2023 eBidDoc
Alfaro Communications
Construction,Inc.
15614 S.Atlantic Avenue,
Compton, CA-90221
Haidi Daaifi
[email protected]
310-669-8949 DBE Prime Bidder 11/28/2023 eBidDoc
Item #11. Page 7
Meeting Date: 3/12/2024 / Packet Page #: 103
ROUTE 66 SIDEWALK AND CURB RAMP REHABILITATION PROJECT FY2022-2023 PLAN NO. 1377
LONE HILL AVE SIDEWALK AND CURB RAMP REHABILITATION PROJECT FY2022- 2023
PLAN NO. 1381
BID OPENING: November 30, 2023

SUMMARY OF BIDS

CONTRACTOR NAME BID AMOUNT

1. Ruiz Concrete and Paving Inc $263,915.00

2. CJ Concrete Construction Inc $373,350.00

3. Onyx Paving Company Inc $420,000.00

4. CT&T Concrete Paving Inc $454,730.00

5. Kalban Inc $521,650.00

6. Alfaro Communications Construction Inc $534,248.50

7. We R Builders $545,080.00

8. LCR Earthwork & Engineering Corp $587,775.00

9. Toro Enterprises Inc $661,720.00

10. Gentry Brothers Inc $714,575.00
Item #11. Page 8
Meeting Date: 3/12/2024 / Packet Page #: 104
Route 66 Sidewalk and Curb Ramp Rehabilitation Project FY (22-23), Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project FY (23-24), Plan No. 1381 Owner: Glendora CA, City of
11/30/2023 10:00 AM PST
Ruiz Concrete and Paving
Inc.

CJ Concrete Construction
Inc.

Onyx Paving Company Inc. CT&T Concrete Paving Inc. Kalban, Inc.

Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Schedule A
1 Remove and Construct 4-Inch Thick PCC Sidewalk per City of Glendora SD&S

1.02 SF 10,600 $7.95 $84,270.00 $12.00 $127,200.00 $13.00 $137,800.00 $14.00 $148,400.00 $18.50 $196,100.00 2 Grind Existing Sidewalk Joint Flush with Adjoining Panels LF 260 $30.00 $7,800.00 $30.00 $7,800.00 $45.00 $11,700.00 $38.00 $9,880.00 $20.00 $5,200.00 3 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 1 Mod (Ramp 1) EA 1 $4,800.00 $4,800.00 $7,000.00 $7,000.00 $7,600.00 $7,600.00 $9,250.00 $9,250.00 $10,000.00 $10,000.00 4 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 2 (Ramp 14) EA 1 $4,400.00 $4,400.00 $7,000.00 $7,000.00 $7,600.00 $7,600.00 $8,250.00 $8,250.00 $10,000.00 $10,000.00 5 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 (Ramps 2, 3, 4, 5, 6, 20, 21, and 31) EA 8 $5,000.00 $40,000.00 $7,000.00 $56,000.00 $7,600.00 $60,800.00 $9,250.00 $74,000.00 $10,000.00 $80,000.00 6 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 Mod (Ramp 8, 9, and 18) EA 3 $5,000.00 $15,000.00 $7,000.00 $21,000.00 $7,600.00 $22,800.00 $7,250.00 $21,750.00 $10,000.00 $30,000.00 7 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case C Mod (Ramp 17) EA 1 $4,700.00 $4,700.00 $7,000.00 $7,000.00 $7,600.00 $7,600.00 $7,250.00 $7,250.00 $10,000.00 $10,000.00 8 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case D Type 2 (Ramp 19) EA 1 $4,700.00 $4,700.00 $7,000.00 $7,000.00 $7,600.00 $7,600.00 $7,250.00 $7,250.00 $10,000.00 $10,000.00 9 Replace existing truncated domes for Case A Type 3 Ramps (Ramps 7, 10, 11, 12, 13, and 16) EA 6 $900.00 $5,400.00 $1,000.00 $6,000.00 $1,500.00 $9,000.00 $1,500.00 $9,000.00 $800.00 $4,800.00 10 Replace existing truncated domes for Case A Type 3 Mod Ramps (Ramps 22, 23, 24, 25, 28, and 30) EA 6 $900.00 $5,400.00 $1,000.00 $6,000.00 $1,500.00 $9,000.00 $1,500.00 $9,000.00 $800.00 $4,800.00 11 Replace existing truncated domes for Case B Type 2 Mod Ramps (Ramps 26 and 27) EA 2 $900.00 $1,800.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $800.00 $1,600.00 12 Replace existing truncated domes for Case D Ramps (Ramp 29) EA 1 $1,200.00 $1,200.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $800.00 $800.00 13 Re-establish Survey Monument Including Tie- Out EA 15 $475.00 $7,125.00 $800.00 $12,000.00 $879.00 $13,185.00 $880.00 $13,200.00 $1,000.00 $15,000.00 Schedule A Sub-total $186,595.00 $267,000.00 $299,185.00 $321,730.00 $378,300.00 Schedule B
14 Remove and Construct 4-Inch Thick PCC Sidewalk per City of Glendora SD&S

1.02 SF 1,300 $8.40 $10,920.00 $12.00 $15,600.00 $13.00 $16,900.00 $19.00 $24,700.00 $18.50 $24,050.00 15 Grind Existing Sidewalk Joint Flush with Adjoining Panels LF 225 $30.00 $6,750.00 $30.00 $6,750.00 $45.00 $10,125.00 $38.00 $8,550.00 $20.00 $4,500.00 16 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 (Ramps 13, 14, 15, and 16) EA 4 $5,000.00 $20,000.00 $7,000.00 $28,000.00 $7,600.00 $30,400.00 $8,250.00 $33,000.00 $10,000.00 $40,000.00 17 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 Mod (Ramps 1, 2, 3, 4, 5, 6) EA 6 $5,000.00 $30,000.00 $7,000.00 $42,000.00 $7,600.00 $45,600.00 $8,250.00 $49,500.00 $10,000.00 $60,000.00 18 Replace existing truncated domes for Case A Type 3 Ramps (Ramps 11 and 12) EA 2 $900.00 $1,800.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $800.00 $1,600.00 19 Replace existing truncated domes for Case A Type 3 Mod Ramps (Ramps 7, 8, 9, and 10) EA 4 $900.00 $3,600.00 $1,000.00 $4,000.00 $1,500.00 $6,000.00 $1,500.00 $6,000.00 $800.00 $3,200.00 20 Re-establish Survey Monument Including Tie- Out EA 10 $425.00 $4,250.00 $800.00 $8,000.00 $879.00 $8,790.00 $825.00 $8,250.00 $1,000.00 $10,000.00 Schedule B Sub-total $77,320.00 $106,350.00 $120,815.00 $133,000.00 $143,350.00 Total $263,915.00 $373,350.00 $420,000.00 $454,730.00 $521,650.00 Item #11. Page 9
Meeting Date: 3/12/2024 / Packet Page #: 105
Route 66 Sidewalk and Curb Ramp Rehabilitation Project FY (22-23), Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project FY (23-24), Plan No. 1381 Owner: Glendora CA, City of
11/30/2023 10:00 AM PST
Alfaro Communications
Construction, Inc.

We R Builders LCR Earthwork &
Engineering, Corp.

Toro Enterprises, Inc. Gentry Brothers, Inc.

1.02 SF 10,600 $15.96 $169,176.00 $12.00 $127,200.00 $18.00 $190,800.00 $28.00 $296,800.00 $12.00 $127,200.00 2 Grind Existing Sidewalk Joint Flush with Adjoining Panels LF 260 $144.30 $37,518.00 $98.00 $25,480.00 $25.00 $6,500.00 $65.00 $16,900.00 $15.00 $3,900.00 3 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 1 Mod (Ramp 1) EA 1 $9,522.50 $9,522.50 $12,500.00 $12,500.00 $12,000.00 $12,000.00 $10,250.00 $10,250.00 $12,000.00 $12,000.00 4 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 2 (Ramp 14) EA 1 $9,522.50 $9,522.50 $12,500.00 $12,500.00 $11,000.00 $11,000.00 $10,450.00 $10,450.00 $12,000.00 $12,000.00 5 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 (Ramps 2, 3, 4, 5, 6, 20, 21, and 31) EA 8 $9,327.50 $74,620.00 $10,500.00 $84,000.00 $13,000.00 $104,000.00 $8,400.00 $67,200.00 $12,000.00 $96,000.00 6 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 Mod (Ramp 8, 9, and 18) EA 3 $9,522.50 $28,567.50 $11,000.00 $33,000.00 $13,000.00 $39,000.00 $8,700.00 $26,100.00 $12,000.00 $36,000.00 7 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case C Mod (Ramp 17) EA 1 $9,522.50 $9,522.50 $12,500.00 $12,500.00 $13,000.00 $13,000.00 $10,450.00 $10,450.00 $12,000.00 $12,000.00 8 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case D Type 2 (Ramp 19) EA 1 $9,522.50 $9,522.50 $12,500.00 $12,500.00 $9,000.00 $9,000.00 $10,320.00 $10,320.00 $12,000.00 $12,000.00 9 Replace existing truncated domes for Case A Type 3 Ramps (Ramps 7, 10, 11, 12, 13, and 16) EA 6 $624.00 $3,744.00 $1,600.00 $9,600.00 $950.00 $5,700.00 $2,200.00 $13,200.00 $12,000.00 $72,000.00 10 Replace existing truncated domes for Case A Type 3 Mod Ramps (Ramps 22, 23, 24, 25, 28, and 30) EA 6 $624.00 $3,744.00 $1,600.00 $9,600.00 $950.00 $5,700.00 $2,200.00 $13,200.00 $12,000.00 $72,000.00 11 Replace existing truncated domes for Case B Type 2 Mod Ramps (Ramps 26 and 27) EA 2 $624.00 $1,248.00 $1,600.00 $3,200.00 $950.00 $1,900.00 $2,200.00 $4,400.00 $12,000.00 $24,000.00 12 Replace existing truncated domes for Case D Ramps (Ramp 29) EA 1 $624.00 $624.00 $1,600.00 $1,600.00 $1,100.00 $1,100.00 $2,200.00 $2,200.00 $12,000.00 $12,000.00 13 Re-establish Survey Monument Including Tie- Out EA 15 $975.00 $14,625.00 $1,530.00 $22,950.00 $2,200.00 $33,000.00 $1,000.00 $15,000.00 $500.00 $7,500.00 Schedule A Sub-total $371,956.50 $366,630.00 $432,700.00 $496,470.00 $498,600.00 Schedule B
14 Remove and Construct 4-Inch Thick PCC Sidewalk per City of Glendora SD&S

1.02 SF 1,300 $14.57 $18,941.00 $15.00 $19,500.00 $20.00 $26,000.00 $22.00 $28,600.00 $12.00 $15,600.00 15 Grind Existing Sidewalk Joint Flush with Adjoining Panels LF 225 $153.92 $34,632.00 $98.00 $22,050.00 $15.00 $3,375.00 $50.00 $11,250.00 $15.00 $3,375.00 16 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 (Ramps 13, 14, 15, and 16) EA 4 $9,522.50 $38,090.00 $11,100.00 $44,400.00 $11,000.00 $44,000.00 $9,500.00 $38,000.00 $12,000.00 $48,000.00 17 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 Mod (Ramps 1, 2, 3, 4, 5, 6) EA 6 $9,522.50 $57,135.00 $10,900.00 $65,400.00 $11,000.00 $66,000.00 $10,300.00 $61,800.00 $12,000.00 $72,000.00 18 Replace existing truncated domes for Case A Type 3 Ramps (Ramps 11 and 12) EA 2 $624.00 $1,248.00 $1,600.00 $3,200.00 $950.00 $1,900.00 $2,600.00 $5,200.00 $12,000.00 $24,000.00 19 Replace existing truncated domes for Case A Type 3 Mod Ramps (Ramps 7, 8, 9, and 10) EA 4 $624.00 $2,496.00 $1,600.00 $6,400.00 $950.00 $3,800.00 $2,600.00 $10,400.00 $12,000.00 $48,000.00 20 Re-establish Survey Monument Including Tie- Out EA 10 $975.00 $9,750.00 $1,750.00 $17,500.00 $1,000.00 $10,000.00 $1,000.00 $10,000.00 $500.00 $5,000.00 Schedule B Sub-total $162,292.00 $178,450.00 $155,075.00 $165,250.00 $215,975.00 Total $534,248.50 $545,080.00 $587,775.00 $661,720.00 $714,575.00 Item #11. Page 10
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Item #11. Page 11
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Item #11. Page 12
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Item #11. Page 13
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Item #11. Page 14
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Item #11. Page 15
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Item #11. Page 16
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Item #11. Page 17
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Item #11. Page 18
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Item #11. Page 19
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Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
RUIZ CONCRETE AND PAVING INC.

DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 20
Meeting Date: 3/12/2024 / Packet Page #: 116
Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
RUIZ CONCRETE AND PAVING INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2024 by and between the City of Glendora, a California municipal corporation (“City”) and Ruiz Concrete and Paving Inc. (“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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 21
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024

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 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381, 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.

DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 22
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Aldo Ruiz, CEO
(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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 23
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024

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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 24
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

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

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

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

1.9 Further Responsibilities of Parties.

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

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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024

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

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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $263,915 (Two Hundred Sixty-Three Thousand Nine Hundred Fifteen Dollars Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 27
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

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

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 28
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

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

3.5 Term.

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

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:

Aldo Ruiz, CEO
Diego Ruiz, Project Manager
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.

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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 the City Manager, 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 DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 30
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 31
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 32
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 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.

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5.3 Indemnification.

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

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

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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 34
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

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

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

5.6 Sufficiency of Insurer or Surety.

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

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5.8 Release of Securities.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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.

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6.3 Ownership of Documents.

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

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

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

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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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

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

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear 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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 38
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,000 (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 DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 39
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton 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.

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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ 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.

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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this 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 DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 42
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 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 ___________________
Aldo Ruiz, CEO

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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Agreement – Ruiz Concrete & Paving (Plan Nos. 1377 & 1381) 03.12.2024 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
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Ruiz Concrete and Paving Inc
Name: Aldo Ruiz
Title: Chief Executive Officer, Secretary, and Chief
Financial Officer
Email: [email protected]
Address: 1344 Temple Ave, Long Beach CA 90807
Corporate officer signatures required when Contractor is a corporation from 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.

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01240.0001/535311.1 A-1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

This project entails removing existing sidewalk, curb, gutter, and landscape and constructing ADA curb ramps and PCC sidewalk. The project also includes reestablishment of survey monuments.

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

A. Existing Conditions documentation
B. Bi-weekly Progress Report and Updated Schedule (if modified) IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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

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01240.0001/535311.1 B-1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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.

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01240.0001/535311.1 C-1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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
SCHEDULE “A”
1 Remove and Construct 4-Inch Thick PCC Sidewalk
per City of Glendora SD&S 1.02
SF 10,600 $7.95 $84,270
2 Grind Existing Sidewalk Joint Flush with Adjoining
Panels
LF 260 $30 $7,800
3 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case A Type 1 Mod (Ramp 1)
EA 1 $4,800 $4,800
4 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case A Type 2 (Ramp 14)
EA 1 $4,400 $4,400
5 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case A Type 3 (Ramps 2, 3, 4, 5, 6, 20, 21, and 31)
EA 8 $5,000 $40,000
6 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case A Type 3 Mod (Ramp 8, 9, and 18)
EA 3 $5,000 $15,000
7 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case C Mod (Ramp 17)
EA 1 $4,700 $4,700
8 Remove Existing Curb, Gutter, and Sidewalk and
Construct Curb Ramp per SPPWC Std Plan 111-5,
Case D Type 2 (Ramp 19)
EA 1 $4,700 $4,700
9 Replace existing truncated domes for Case A Type
3 Ramps (Ramps 7, 10, 11, 12, 13, and 16)
EA 6 $900 $5,400
10 Replace existing truncated domes for Case A Type
3 Mod Ramps (Ramps 22, 23, 24, 25, 28, and 30)
EA 6 $900 $5,400
11 Replace existing truncated domes for Case B Type
2 Mod Ramps (Ramps 26 and 27)
EA 2 $900 $1,800
12 Replace existing truncated domes for Case D
Ramps (Ramp 29)
EA 1 $1,200 $1,200
13 Re-establish Survey Monument Including Tie-Out EA 15 $475 $7,125 TOTAL SCHEDULE “A” BID COST $186,595.00
DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 47
Meeting Date: 3/12/2024 / Packet Page #: 143
01240.0001/535311.1 C-2
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
SCHEDULE “B”
Remove and Construct 4-Inch Thick PCC Sidewalk per City of Glendora SD&S 1.02
SF 1300 $8.40 $10,920
Grind Existing Sidewalk Joint Flush with Adjoining Panels SF 225 $30 $6,750 Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3
(Ramps 13, 14, 15, and 16)
EA 3 $5,000 $20,000
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 Mod
(Ramps 1, 2, 3, 4, 5, 6)
EA 3 $5,000 $30,000
Replace existing truncated domes for Case A Type 3 Ramps (Ramps 11 and 12)
EA 1 $900 $1,800
Replace existing truncated domes for Case A Type 3 Mod
Ramps (Ramps 7, 8, 9, and 10)
EA 1 $900 $3,600
Re-establish Survey Monument Including Tie-Out EA 10 $425 $4,250 TOTAL SCHEDULE “B” BID COST $77,320.00
TOTAL SCHEDULE “A” & “B” BID COST $263,915.00
Not to Exceed Total $263,915.00
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 48
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01240.0001/535311.1 D-1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. All Work 45 Working Days TBD
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. TBD upon award of the project.

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

DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 49
Meeting Date: 3/12/2024 / Packet Page #: 145
01240.0001/535311.1 D-1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Ruiz Concrete and Paving Inc, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381; 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 $263,915 (Two Hundred Sixty-Three Thousand Nine Hundred Fifteen Dollars, this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 50
Meeting Date: 3/12/2024 / Packet Page #: 146
01240.0001/535311.1 D-2
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 51
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Ruiz Concrete and Paving Inc, as Contractor (“Principal”), a Contract for the work entitled and described as follows:

Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381; 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 $263,915 (Two Hundred Sixty-three Thousand Nine Hundred Fifteen Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 52
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 53
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 54
Meeting Date: 3/12/2024 / Packet Page #: 150
01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 55
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 56
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 57
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 58
Meeting Date: 3/12/2024 / Packet Page #: 154
01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

ADDITIONAL INSURED ENDORSEMENT

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 59
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 60
Meeting Date: 3/12/2024 / Packet Page #: 156
01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
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: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 61
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01240.0001/535311.1
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

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

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

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

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

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

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

DocuSign Envelope ID: 98B98E6D-B6C1-4FEE-AACB-DAA3978734A8 Item #11. Page 63
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Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381
(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.

CONSTRUCTION CONTRACT AWARD
Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 Public Works, Engineering
City Council
March 12, 2024
Lelani Gnaster, Engineering Technician CityOfGlendora.org Item #11. Page 65
Meeting Date: 3/12/2024 / Packet Page #: 161
PROJECT VICINITY MAP Item #11. Page 66
Meeting Date: 3/12/2024 / Packet Page #: 162
Item #11. Page 67
Meeting Date: 3/12/2024 / Packet Page #: 163

PROJECT SCOPE
• Reconstruct damaged sidewalk along Route 66 from
Barranca Ave to Cataract Ave and along Lone Hill Ave from E Foothill Blvd to E Petunia Ave
• Construct ADA Curb Ramps along Route 66 and Lone Hill Ave • Re-establish survey monuments including tie-out
Item #11. Page 68
Meeting Date: 3/12/2024 / Packet Page #: 164

PROJECT AWARD
• Bid Opening on November 30, 2023
• Ten (10) Bids were received
• Engineer’s Estimate $260,000
• Bids ranged from $263,915 to $714,575
• Award to Ruiz Concrete and Paving Inc of Long Beach, CA Item #11. Page 69
Meeting Date: 3/12/2024 / Packet Page #: 165

PROJECT TIMELINE
• Award of Contract: March 2024
• Construction Duration: 45 Working Days
• Expected Construction Start: April, 2024
• Expected Completion: June, 2024
Item #11. Page 70
Meeting Date: 3/12/2024 / Packet Page #: 166

PROJECT PROBABLE COST
• Expected Construction Cost $ 263,915
• Contingency (10%): $ 26,400
• Notice of Exemption $ 75
• Publication $ 352
TOTAL $ 290,742
Item #11. Page 71
Meeting Date: 3/12/2024 / Packet Page #: 167

RECOMMENDATIONS

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

2. Authorize a supplemental appropriation in RMRA Fund 256 in the amount of $135,800 to the project budget;

3. Award the contract to Ruiz Concrete and Paving Inc. for Route 66 Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1377 and Lone Hill Ave Sidewalk and Curb Ramp Rehabilitation Project, Plan No. 1381 in the amount of $263,915 plus a 10% contingency of the amount of $26,391.50 for a total of $290,306.50;

4. Authorize the City Manager or his designee to execute the agreement including minimal and/or nonsubstantive changes;

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

That the City Council:

Item #11. Page 72
Meeting Date: 3/12/2024 / Packet Page #: 168

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: PUBLIC WORKS DISTRICT(S): 2
SUBJECT: AWARD THE CONTRACT TO KALBAN, INC. FOR CDBG FUNDED CURB RAMP PROJECT – FY 2023 – 2034, PLAN NO. 1382 IN THE AMOUNT OF $244,680

RECOMMENDATION
That the City Council:

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

2. Authorize the Administrative Services Director to appropriate funds in the amount of $29,608 from Fund 285 – CDBG to the project budget;

3. Award the contract to Kalban, Inc. for CDBG Funded Curb Ramp Project – FY 2023-2024 in the amount of $244,680 with a 10% contingency in the amount of $24,468 for a total amount of $269,148;

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

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

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
The bid opening for “CDBG Funded Curb Ramp Project – FY 2023-2024, Plan No. 1382” was held on November 16, 2023. Eight prime contractors purchased bid packages and three of them submitted bid proposals. The three responsive bids range from $244,680 to $342,400. Kalban, Inc. has been identified as the lowest responsive bidder with a bid amount of $244,680.

Staff recommends awarding Kalban, Inc. the contract for CDBG Funded Curb Ramp Project – FY 2023- 2024, Plan No. 1382 in the amount of $244,680, with a 10% contingency of $24,468, for a total potential amount of $269,148, and authorize staff to execute the agreement and any necessary change orders not exceeding the contingency.

BACKGROUND
The project location was chosen as part of a Community Development Block Grant Program for the fiscal year of 2023-2024. The activity would benefit low- and moderate-income residents of Glendora by repairing damaged curb and gutters, as well as providing increased accessibility to the handicapped. The work would be done in between Grand Ave and Glendora St, north of Juanita Ave, and between Barranca Ave and Grand Ave, north of Gladstone Street.

Item #12. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 169
Staff Report Page 2 of 3

DISCUSSION
This project consists of removing existing sidewalk, curb, and gutter to construct ADA curb ramps and Portland Cement Concrete (PCC) sidewalk on various local streets near the intersections of Grand Ave, Gladstone St, Glendora Ave, and Juanita Ave. These curb ramps will increase accessibility within the area, allowing residents with various disabilities greater unobstructed movement. The curb ramps will be constructed in compliance with the Standard Specifications for Public Works Construction, which adhere to the Americans with Disabilities Act of 1990 (ADA).

In total, thirty-six (36) curb ramps will be constructed, and four (4) existing curb ramps will have truncated domes installed. Any survey monuments, including tie-outs, will be re-established after construction of the curb ramps if necessary.

Below is a vicinity map of the project location.

The notice inviting bids on QuestCDN was published in the San Gabriel Valley Examiner on November 2 and 9, 2023, and bids were received on November 16, 2023. Eight (8) prime contractors purchased bid packages and three (3) of them submitted bid proposals. The three responsive bids range from $244,680 to $342,400. Kalban, Inc. has been identified as the lowest responsive bidder with a bid amount of $244,680.

Bid Summary
Contractor Name Bid Amount
Kalban, Inc. $244,680.00
CT&T Concrete Paving Inc. $307,580.00
FS Contractors, Inc. $342,400.00

FISCAL IMPACT
The Curb Ramp Project has been approved in the FY 2023-25 Capital Improvement Program in the amount of $239,615. It is funded by the Community Block Development Grant (CDBG) In Account No. 28500990, Project No. 5524101. The table below provides a breakdown of the costs. Sufficient funding is available in Fund 285 CDBG for a supplemental appropriation in the amount of $29,993, following a special amendment process.

Item #12. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 170
Staff Report Page 3 of 3
Budget Estimated Cost Difference
Curb Ramp Project $239,615
Publication & Environmental $460
Construction $244,680
Construction Contingency $24,468
Supplemental Appropriation $29,993

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

Prepared By Lelani Gnaster, Engineering Technician
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Notice of Exemption 1382
B. Plan Holder List 1382
C. Bid Summary 1382
D. Bid Extensions 1382
E. Bid Proposal 1382
F. Contract Agreement 1382
G. Presentation
Item #12. Page 3
Meeting Date: 3/12/2024 / Packet Page #: 171
rvp7/3/97

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

NOTICE OF EXEMPTION
Project Title: CDBG Funded Curb Ramp Project – FY 2023-2024 Project Location: Various Intersections: Gaillard St and Vecino Ave, E Ghent St and Vecino Ave, W Gaillard St and De Lay Ave, W Gaillard St and Charvers Ave, Gaillard St and Shadyglen Dr, Ghent St and Westridge Ave, Payson St and Dodsworth Ave, Payson St and Farber Ave, Kirkwall Rd and Farber Ave, Renwick Rd and Farber Ave, Norgate St and Jenifer Ave Norgate St and Nearglen Ave, Payson St and Nearglen Ave, Kirkwall Rd and Nearglen Ave, Renwick Rd and Nearglen Ave, Norgate St and Reynolds Way, Ghent St and Reynolds Way.

Project Sponsor: City of Glendora
Mailing Address: 116 East Foothill Boulevard, Glendora, CA 91741 Project Description: Project involves the construction of ADA-Compliant curb ramps at thirtysix different locations. Project also involves installing truncated domes for four existing curb ramps and the re-establishment of eighteen survey monuments.

Surrounding Land Uses and Setting: The area is surrounded by multi-family housing and designated for Medium Density Residential 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 maintenance and ADA improvements to existing streets and sidewalks. The project does not involves the expansion of these existing facilities.

Item #12. Page 4
Meeting Date: 3/12/2024 / Packet Page #: 172
Date:

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

William Wittkopf, Public Works Director (626) 914-8260
Item #12. Page 5
Meeting Date: 3/12/2024 / Packet Page #: 173
rvp7/3/97

PROJECT LOCATION MAP
Item #12. Page 6
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Item #12. Page 7
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Closing Date: Thu, 11/16/2023 10:00 AM PST Posting Type: Construction Project Owner Name: Glendora CA, City of Solicitor Name: Glendora CA, City of Contact: Desiree Hernandez Phone: 626-914-8238 Email: [email protected] Company Name &
Address Contact Name/Email Address Phone/Fax Bus. Cert Bus. Desig Entry Date DocType Comments Gentry Brothers, Inc.
384 E. Live Oak
Avenue, Irwindale,
CA-91706
Jason Roehrborn
[email protected] 626-357-9631 Prime Bidder 11/03/2023 eBidDoc R.C. Becker and Son,
Inc
28355 KELLY

JOHNSON PKWY,
VALENCIA, CA-91355
Tatum Flanagan
[email protected]
661-259-4845
661-259-9869 Prime Bidder 11/03/2023 eBidDoc
We R Builders
3746 Foothill Blvd
#304, GLENDALE, CA91214
Nezar Alsmadi
[email protected] 7144233844 Prime Bidder 11/03/2023 eBidDoc CT&T Concrete
Paving Inc.
324 S. Diamond Bar
Blvd, PMB 275,
Diamond Bar, CA91765
Jose Carvajal
[email protected]
909-629-8000
909-629-8001 SBE Prime Bidder 11/07/2023 eBidDoc
Kalban, Inc.
26450 Ruether
Ave#201, Santa
Clarita, CA-91350
Matthew Lawrence
[email protected]
818-504-1065
818-504-1067
SBE,DBE,WBE,MBE,TGB,Vet
Pref,VOSB,WOSB Prime Bidder 11/09/2023 eBidDoc
CJ Concrete
Construction Inc
10142 shoemaker
ave, Santa Fe Springs,
CA-90670
Kevin Camacho
[email protected] 562-777-2222 SBE Prime Bidder 11/09/2023 eBidDoc FS Contractors, Inc.
14838 Bledsoe St.,
Sylmar, CA-91342
Jose Angel Fierros
[email protected] 818-838-6040 SBE Prime Bidder 11/10/2023 eBidDoc Kalban, Inc.
26450 Ruether
Ave#201, Santa
Clarita, CA-91350
Matthew Lawrence
[email protected]
818-504-1065
818-504-1067
SBE,DBE,WBE,MBE,TGB,Vet
Pref,VOSB,WOSB Prime Bidder 11/13/2023 eBidDoc
J&A Structures, Inc.
1890 Duncan Way,
Corona, CA-92881
Karla Lopez
[email protected] 9513179649 Subcontractor 11/14/2023 eBidDoc Dodge Data &
Analytics
2860 S State Hwy
161, Grand Prairie,
TX-75052
Daedri Cavuoto
[email protected]
513.666.3354
800-768-5594 Plan Room 11/06/2023 eBidDoc
ConstructConnect
3825 Edwards Rd,
Cincinnati, OH-45209
Eric Mills
[email protected]
800-364-2059
866-570-8187 Plan Room 11/07/2023 eBidDoc
Quest Construction
Data Network
PO Box 517,
Shakopee, MN-55379
QuestCDN Support and Sales
[email protected] 952-233-1632 Other 11/10/2023 eBidDoc Glendora CA, City of
116 E Foothill Blvd,
Glendora, CA-91741
Lorena Cordova
[email protected] 626-914-8210 GovernmentAgency 11/14/2023 eBidDoc Plan Holder Report as of 11/16/2023 11:53 AM CST
CDBG Funded Curb Ramp Project
Quest eBidDoc™ Number: 8801374
Item #12. Page 8
Meeting Date: 3/12/2024 / Packet Page #: 176
CDBG FUNDED CURB RAMP PROJECT – FY 2023-2024
PLAN NO. 1382
BID OPENING: NOVEMBER 16, 2023

SUMMARY OF BIDS

CONTRACTORS BID AMOUNT

1. Kalban, Inc. $ 244,680.00

2. CT&T Concrete Paving Inc. $307,580.00

3. FS Contractors, Inc. $342,400.00
Item #12. Page 9
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Section Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Base Bid $244,680.00 $307,580.00 $342,400.00
1 1 Install ADA Complaint Truncated Domes on Existing Curb Ramp ( Ramps 1-4 ) EA 4 $600.00 $2,400.00 $1,400.00 $5,600.00 $1,000.00 $4,000.00 2 2
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 6 ( Ramps 5, 6, 8, 9, 12, and 14 ) EA 6 $6,300.00 $37,800.00 $7,800.00 $46,800.00 $9,100.00 $54,600.00 3 3
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 ( Ramps 7, 10, 11, 13, 15, and 16 ) EA 6 $6,300.00 $37,800.00 $7,950.00 $47,700.00 $9,100.00 $54,600.00 4 4
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 ( Ramps 17, 18, and 21 ) EA 3 $6,300.00 $18,900.00 $7,950.00 $23,850.00 $9,100.00 $27,300.00 5 5
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 6 ( Ramps 19, 20, 22, 23, and 24 ) EA 5 $6,300.00 $31,500.00 $7,950.00 $39,750.00 $9,100.00 $45,500.00 6 6
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Typer 6 ( Ramps 25, 26, 27, 28, 29, and 30 ) EA 6 $6,300.00 $37,800.00 $7,950.00 $47,700.00 $9,100.00 $54,600.00 7 7
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 ( Ramps 31, 32, and 34 ) EA 3 $6,300.00 $18,900.00 $7,900.00 $23,700.00 $9,100.00 $27,300.00 8 8
Remove Existing Curb, Gutter, and Sidewalk and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A Type 3 ( Ramps 33, 35, 36, 37, 38, 39, and 40 ) EA 7 $6,300.00 $44,100.00 $7,950.00 $55,650.00 $9,100.00 $63,700.00 9 9 Re-establish Survey Monument Including Tie-Out (A-R) EA 18 $860.00 $15,480.00 $935.00 $16,830.00 $600.00 $10,800.00 Base Bid Total: $244,680.00 $307,580.00 $342,400.00
CDBG Funded Curb Ramp Project (#8801374)
Kalban, Inc.

CT&T Concrete Paving
Inc. FS Contractors, Inc.

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01240.0006/960403.1

PUBLIC WORKS AGREEMENT
By and Between

CITY OF GLENDORA
and
KALBAN, INC.

Item #12. Page 113
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01240.0006/960403.1
A-1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF GLENDORA AND
KALBAN, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2024 (the “Effective Date”) by and between the City of Glendora, a California municipal corporation (“City”) and Kalban, 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.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Item #12. Page 114
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01240.0006/960403.1
A-2
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled CDBG Funded Curb Ramp Project – FY 2023- 2024, Plan No. 1382, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep Item #12. Page 115
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accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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 _______________
Kirit Sorathia
Treasurer
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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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(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 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 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 Item #12. Page 118
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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.

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

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $244,680 (Two Hundred Forty-Four Thousand Six Hundred Eighty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.10 (or otherwise in the Schedule of Compensation).

2.2 Method of Compensation.

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2.3 Reimbursable Expenses.

2.4 Invoices.

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

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

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

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3.2 Schedule of Performance.

3.3 Force Majeure.

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

3.4 Inspection and Final Acceptance.

3.5 Term.

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”).

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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

Kirit Sorathia, Treasurer
Matthew Lawrence, 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.

4.2 Status of Contractor.

4.3 Contract Officer.

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

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing Item #12. Page 123
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by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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 Item #12. Page 124
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not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(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 nonItem #12. Page 125 Meeting Date: 3/12/2024 / Packet Page #: 293
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contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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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, 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 Item #12. Page 127
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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 indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

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5.4 Notification of Third-Party Claims.

5.5 Performance and Labor Bonds.

5.6 Sufficiency of Insurer or Surety.

5.7 Substitution of Securities.

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5.8 Release of Securities.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

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6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 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 Item #12. Page 131
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Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.3 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 Item #12. Page 132
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obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Liquidated Damages.

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7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Contractor.

7.10 Attorneys’ Fees.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Item #12. Page 134
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Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

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 Item #12. Page 135
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such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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. Each of the parties intend to be bound by the signatures on the telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Agreement based on the form of signature.

9.4 Integration; Amendment.

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A-24

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. 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 _______________________ Kirit Sorathia
Treasurer

9.7 Corporate Authority.

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

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
Assistant Director Finance/Interim City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

KALBAN, INC., a California corporation
Name: Kirit Sorathia
Title: Treasurer
Email Address: [email protected]
Name: Matthew Lawrence
Title: Vice President
Email Address: [email protected]
Address: 26450 Ruether Ave #201
Santa Clarita, CA 91350
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.

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EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all 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 CDBG Curb Ramp Project – FY 2023-2024, Plan No. 1382, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

The project entails removing existing curbs, gutters, and landscape and constructing ADA curb ramps per the Standard Plans for Public Works Construction (SPPWC) promulgated by Public Works Standards, Inc. The project also includes installing ADA curb ramp truncated domes on specific, existing curb ramps. The project also includes reestablishment of disturbed survey monuments.

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

A. Existing Conditions documentation
B. Bi-Weekly Progress Report and Updated Schedule (if modified) IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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

Item #12. Page 139
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01240.0001/535311.1 B-1
EXHIBIT “B”

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

I. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

Add the following to Section 2.4 - Invoices:

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

Item #12. Page 140
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EXHIBIT “C”

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

Line
Item
Item Description
Unit of
Measure
Quantity Unit Price Extension
1 Install ADA Compliant Truncated Domes on
Existing Curb Ramp (Ramps 1-4) 4 EA. $600.00 $2,400.00
2 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 6 (Ramps 5, 6, 8, 9,
12, and 14) *
6 EA. $6,300.00 $37,800.00
3 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 3 (Ramps 7, 10, 11,
13, 15, and 16) *
6 EA. $6,300.00 $37,800.00
4 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 3 (Ramps 17, 18,
and 21) *
3 EA. $6,300.00 $18,900.00
5 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 6 (Ramps 19, 20, 22,
23, and 24) *
5 EA. $6,300.00 $31,500.00
6 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 6 (Ramps 25, 26, 27,
28, 29, and 30) *
6 EA. $6,300.00 $37,800.00
7 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 6 (Ramps 31, 32,
and 34) *
3 EA. $6,300.00 $18,900.00
8 Remove Existing Curb, Gutter, and Sidewalk
and Construct Curb Ramp per SPPWC Std
Plan 111-5, Case A Type 3 (Ramps 33, 35, 36,
37, 38, 39, and 40) *
7 EA. $6,300.00 $44,100.00
9 Re-establish Survey Monument Including Tieouts (A-R) 18 EA. $860.00 $15,480.00 Contract Award Total $244,680.00
Potential 10% Contingency $24,468.00
Not to Exceed Total $269,148.00
* Curb ramp type to be determined on field
Item #12. Page 141
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C-2
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

Item #12. Page 142
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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 60 Working Days 80 days following
the Effective Date
II. Contractor shall deliver any and all required tangible work products to the City as and when required by the Contract Officer.

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

Item #12. Page 143
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PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Kalban, Inc., as Contractor (“Principal”), a contract for the work entitled and described as follows: CDBG Funded Curb Ramp Project – FY 2023-2024, Plan No. 1382.

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 $244,680.00 (Two Hundred Forty-four Thousand Six Hundred Eighty Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Item #12. Page 144
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01240.0006/960403.1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Item #12. Page 145
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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to Kalban, Inc., as Contractor (“Principal”), a Contract for the work entitled and described as follows: CDBG Funded Curb Ramp Project – FY 2023-2024, Plan No. 1382.

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 $244,680.00 (Two Hundred Forty-four Thousand Six Hundred Eighty Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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.

Item #12. Page 146
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Executed on , 20___.

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

Item #12. Page 147
Meeting Date: 3/12/2024 / Packet Page #: 315
01240.0006/960403.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: CDBG Funded Curb Ramp Project – FY 2023-2024,
Plan No. 1382
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Item #12. Page 148
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01240.0006/960403.1
Insurance Company Agent for Service
of Process in California:

NOTICE:

Item #12. Page 149
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01240.0006/960403.1

ADDITIONAL INSURED ENDORSEMENT

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of Item #12. Page 150
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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.

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

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

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

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Item #12. Page 151
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #12. Page 152
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01240.0006/960403.1

ADDITIONAL INSURED ENDORSEMENT

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Item #12. Page 153
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01240.0006/960403.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, California 91741-3380

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

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

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

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page)
Item #12. Page 154
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #12. Page 155
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01240.0006/960403.1

ADDITIONAL INSURED ENDORSEMENT

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

Item #12. Page 156
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01240.0006/960403.1

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:

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

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _________.
(signatures on following page)
Item #12. Page 157
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I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #12. Page 158
Meeting Date: 3/12/2024 / Packet Page #: 326
Public Works, Engineering
CityOfGlendora.org
Construction Contract Award
CDBG Funded Curb Ramp Project – FY 2023-2024, Plan No. 1382 City Council
March 12, 2024
Lelani Gnaster, Engineering Technician
Item #12. Page 159
Meeting Date: 3/12/2024 / Packet Page #: 327
PROJECT VICINITY MAP Item #12. Page 160
Meeting Date: 3/12/2024 / Packet Page #: 328
3 Item #12. Page 161
Meeting Date: 3/12/2024 / Packet Page #: 329
• Install ADA Compliant Truncated Domes on Existing Curb Ramps along the intersections of Ghent St, Vecino Ave, and Gaillard St. • Construct Curb Ramp on local streets connected to Gladstone St. • Re-establish Survey Monuments, including Tie-outs at
intersections where curb ramps are to be constructed.

PROJECT SCOPE Item #12. Page 162
Meeting Date: 3/12/2024 / Packet Page #: 330

PROJECT AWARD
• Bid Opening on November 16th, 2023.
• Three (3) responsive bids were received.
• Engineer’s Estimate $250,000.
• Bids ranged from $244,680 to $342,400.
• Award to Kalban, Inc.

Item #12. Page 163
Meeting Date: 3/12/2024 / Packet Page #: 331

PROJECT TIMELINE
• Award of Contract: March 2024
• Construction Duration: 60 Working Days
• Expected Construction Start: TBD
• Expected Completion: TBD
Item #12. Page 164
Meeting Date: 3/12/2024 / Packet Page #: 332

PROJECT PROBABLE COST
• Expected Construction Cost $ 244,680
• Contingency (10%): $ 24,468
• Miscellaneous $ 460
TOTAL $ 269,608
Item #12. Page 165
Meeting Date: 3/12/2024 / Packet Page #: 333

RECOMMENDATIONS

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

2. Authorize the Administrative Services Director to appropriate funds in the amount of $29,993 to the project budget;

3. Award the contract to Kalban, Inc. for CDBG Funded Curb Ramp Project – FY 2023-2024 in the amount of $244,680 with a 10% contingency in the amount of $24,468 for a total amount of $269,148;

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

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

That the City Council:

Item #12. Page 166
Meeting Date: 3/12/2024 / Packet Page #: 334

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 12, 2024
FROM: CITY ATTORNEY DISTRICT(S): NA
SUBJECT: APPROVE AN AMENDMENT AND RESTATE CITY MANAGER EMPLOYMENT

AGREEMENT

RECOMMENDATION
That the City Council:

1. Approve the Amended and Restated City Manager Employment Agreement.

2. Authorize the Mayor to execute the same following approval as to form by the City Attorney.

STRATEGIC FOCUS AREAS
 Goal 3: Enhance Employee Development and Retention (EEDR)

EXECUTIVE SUMMARY
The City Council shall consider for approval an Amended and Restated City Manager Employment Agreement (the “New CM Contract”) for the continued employment of the City Manager, Adam Raymond (as set forth on Attachment A attached hereto). This item must be formally approved at a City Council meeting. The new terms include a base salary increase, an extension to the contract term, and additional compensation increases with respect to the wellness reimbursement and life insurance policy.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City Council of the City of Glendora and the City Manager previously entered into an Employment Agreement, dated as of August 14, 2018 (the “Original Contract”), whereby the City Council contracted for the employment of Adam Raymond to serve in the position of the City Manager as prescribed by state law and Title 2, Chapters 2.08 and 2.09 of City’s Municipal Code. The Original Contract was subsequently amended by six various amendments, dated, respectively as of August 27, 2019, January 28, 2020, July 1, 2020, January 12, 2021. March 23, 2021, and December 13, 2022 (the Original Contract, as so amended, is referred to herein as the “Existing Contract”).

A closed session was held on February 27, 2024, for the City Council to consider changes to the City Manager’s Existing Contract.

DISCUSSION
The following is a compilation of the basic terms that have been negotiated with the City Manager for a new proposed employment contract (the New CM Contract). The New CM Contract incorporates all of the prior six amendments to the Original Contract, in one final Amended and Restated City Manager Employment Agreement
Base Salary:

The base salary compensation due to the City Manager shall be increased from $281,190 per year to $305,000 per year. Adjustments to the base salary shall be made annually commencing on January 1, 2025 by 3%.

Item #13. Page 1
Meeting Date: 3/12/2024 / Packet Page #: 335
Staff Report Page 2 of 2
Term:

The term of the New CM Contract shall be for 5 years, terminating on February 27, 2029 (Note: the current term of the Existing Contract is set to expire on June 30, 2027).

Termination:

The City Council may not terminate the employment of the City Manager for a period of 90 days prior to or following any election to fill any sets on the City Council (Note: the Existing Contract provides for a period of 60 days for termination by the City Council prior to or after the election of any three seats on the City Council).

Other Compensation and Benefits to be Provided to City Manager:

Wellness and Healthy Lifestyle Expenses. City Manager shall be eligible for reimbursement up to $2,500 for wellness and healthy lifestyle expenses, which constitutes an increase of $1,500 from that provided in the Existing Contract.

Life Insurance. City Manager shall be entitled to a $250,000.00 universal whole life insurance policy. In addition, any prior insurance policies procured by the City and/or City Manager for the benefit of the City Manager and his designees shall remain in effect at the sole cost of the City Manager, including but not limited to any re-occurring or one-time premiums.

Other Compensation Provided to City Manager. The following additional compensation is provided under the City Manager’s Existing Contract, which will remain unchanged in the New CM Contract:
(1) Medical: $27,540 per year
(2) Auto Allowance: $7,800 per year
(3) Discretionary Performance Bonus: Up to $15,000 per year Severance: City Manager shall be entitled to up to his base salary of $305,000 plus all health benefits due under the New CM Contract for a 12-month period if the contract is terminated without cause prior to the expiration of the 5 year term of the contract, unless the City Manager obtains other employment within such 12-month period.

FISCAL IMPACT
The financial impact of the proposed increase to the City Manager’s Existing Contract will result in an annual salary increase of $25,310, as well as the cost to procure life insurance, which cannot be determined at this time until a product is chosen. Sufficient funds are available in the FY 2023-25 Operating and Maintenance Budget to accommodate such cost increases.

ENVIRONMENTAL DETERMINATION
Not Applicable
Prepared By Danny Aleshire, City Attorney
Concurs With Not Applicable
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Danny Aleshire, City Attorney
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. New Employment Contract
Item #13. Page 2
Meeting Date: 3/12/2024 / Packet Page #: 336
01240.0004/964119.1

AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN

CITY OF GLENDORA & ADAM RAYMOND
This AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT (the “Agreement”) shall be deemed effective as of 27th day of February, 2024 (“Effective Date”), by and between the City Council of the CITY OF GLENDORA, acting as the legally constituted governing body of the City of Glendora, the Successor Agency to the Dissolved Glendora Redevelopment Agency and the Glendora Public Financing Authority (hereinafter referred to collectively as the “City”), and Mr. ADAM RAYMOND, an individual (hereinafter referred as the “City Manager”).

R E C I T A L S
WHEREAS, the City and City Manager entered into that certain City Manager Employment Agreement, dated August 14, 2018 (as amended from time to time, the “Prior Agreement”); and
WHEREAS, it is the desire of the City Council of City (hereinafter the “Council” or “City Council”) to continue to employ the City Manager to serve in the position of city manager as prescribed by state law and Title 2, Chapters 2.08 and 2.09 of the City’s Municipal Code pursuant to the terms set forth in this Agreement; and
WHEREAS, it is the desire of the Council to (1) secure and retain the services of City Manager, (2) to provide inducement for him or her to maintain such employment, and (3) to provide a mechanism for terminating City Manager’s services, if and when necessary; and WHEREAS, based on City Manager’s executive and administrative qualifications and ability, the City Council desires to continue to employ City Manager to serve as the City Manager for the City; and
WHEREAS, City Manager desires to accept his continued employment from the City upon the terms and conditions contained in this Agreement (which amends and restates the Prior Agreement).

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and City Manager hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 City hereby employs Mr. ADAM RAYMOND as City Manager to perform the functions and duties specified in City’s Municipal Code, and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as City’s Council shall, from time to time, direct or assign. City Manager acknowledges that the assigned duties shall also include services to the Successor Agency to the Dissolved Glendora Redevelopment Agency.

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1.2 City Manager shall focus his or her professional time, ability, and attention to City’s business during the term of this Agreement. City Manager shall not spend more than ten (10) hours per month in teaching, counseling, or other non-employer connected business activities without prior approval of the City Council.

1.3 City Manager shall not engage, without the express prior written consent of the City’s City Council, in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with City, that might cause a conflict-of-interest with City, or that otherwise might interfere with the business or operation of City or the satisfactory performance of City Manager’s duties.

2.0 TERM

2.1 Commencement & Effective Date. City Manager commenced his services at 8:00 a.m., Pacific daylight savings time, on September 4, 2018, pursuant to the Prior Agreement. The Effective Date of this Agreement shall be February 27, 2024.

2.2 Employment Status. City Manager is an “at-will” employee serving at the pleasure of City, acting through its City Council, and subject to summary dismissal without any right of notice or hearing, including any so-called “Skelly” meeting. Except as provided in Section 2.3 below, City may terminate the employment of City Manager at any time, with or without cause, upon compliance with the provisions set forth in Sections 3.0 or 4.0 of this Agreement, and upon the affirmative vote of three (3) members of City’s City Council.

2.3 Waiver of Certain Termination Rights. City Manager expressly waives any rights afforded under City’s personnel system or policies, and any rights afforded to City Manager under the Glendora Municipal Code (except as noted Section 2.4 hereinafter) or under State or Federal law, including Government Code §§ 54950 et seq. (“Brown Act”), to any form of pre- or posttermination hearing, appeal, or other administrative process pertaining to termination, except those rights City Manager may have under the California or United States constitutions to a nameclearing hearing.

2.4 Termination Limitation. City and City Manager agree that the scope of City’s limitation upon its right to terminate the employment of City Manager shall be modified from that provided in City's Municipal Code Title 2, Chapter 2.08 to require the following:
“Council may not terminate the employment of City Manager for a period of ninety (90) consecutive days prior to or following any election to fill any seat(s) on the City Council.”

2.5 Term. The term of this Agreement shall be for five (5) years commencing from and after the Effective Date, subject to Sections 2.2, 2.3, and/or 2.4 of this Agreement, and ending at midnight Pacific daylight savings time on February 27, 2029, unless termination of this Agreement is effected as provided herein. The term of the Agreement may be extended by mutual agreement of the parties in the manner as provided in Section 13.0 of this Agreement.

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2.6 Termination by City Manager. If City Manager determines to terminate this Agreement, he shall be required to give a minimum of sixty (60) days’ advance written notice to Council prior to the effective date of his termination, unless a shorter period is acceptable to Council, and City Manager shall not be eligible for severance pay in the event of his voluntary resignation.

3.0 SEVERANCE

3.1 Severance. City Manager shall have the severance rights provided hereinafter. The severance rights provided in this Section 3.0 shall constitute the sole and only entitlement of City Manager in the event of termination, and City Manager expressly waives any and all other rights except as provided herein. Nothing in this paragraph shall be construed as precluding City Manager’s right to contest the appropriateness of termination for cause in Los Angeles County Superior Court or any court of competent jurisdiction or otherwise enforce the provisions of this Agreement.

3.2 Termination For Cause. If the Council terminates City Manager for cause, as defined in Section 4.0, City shall not be required to make the severance payment provided herein.

3.2.1 Written Statement Describing Cause; Name-Clearing Hearing. In the event City Manager is terminated for cause, City shall provide City Manager with a written statement describing the cause for termination and shall afford City Manager a name-clearing hearing before City’s City Council at a reasonable time upon written notice to the City Clerk within seven (7) days of receiving the written statement.

3.2.2 No Severance Payment While Under Investigation. In the event City Manager is under investigation for any of the reasons set forth in Section 4.0, City may withhold part or all of any severance payment afforded City Manager herein until it is determined if charges will be filed, and if charges are filed, until final judgment is rendered; provided, however, that City may not withhold the severance payment (if any), in whole or in part, beyond twelve (12) months of the initiation of an investigation and/or the filing of charges, whichever shall last occur.

3.3 Termination Without Cause. If the City’s City Council terminates City Manager for its convenience, and without cause, before the expiration of the term of employment, the City shall provide City Manager with the shorter of: (1) twelve (12) months’ base salary; and (2) continuation of City Manager’s health benefits as of the time of termination, for twelve (12) months or until City Manager finds other employment, whichever occurs first; or (2) an amount equal to the monthly salary of City Manager multiplied by the number of months left on the unexpired term of the contract. However, if the unexpired term of this Agreement is greater than six (6) months, the maximum severance amount shall be an amount equal to the monthly salary of City Manager multiplied by twelve (12). Any severance payment provided for herein shall be conditioned upon City Manager’s execution of a general release of claims, a copy of which is attached hereto as Exhibit “A,” and payment shall not occur until after the expiration of the release revocation period contained therein. In the event City Manager declines to execute or revokes the general release of claims, no severance payment shall be made.

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3.4 Application of Government Code § 53260. Government Code § 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds 18 months. The severance payments provided herein are expressly limited by this provision (e.g., if termination occurred with six (6) months left in the term, severance would be equal to the monthly base salary multiplied by six (6) rather than twelve (12), provided City Manager executes and does not revoke a general release of claims.

3.5 Application of Government Code § 53243.3. If this Agreement provides for: (1) paid leave for the official pending an investigation; (2) funds for the legal criminal defense of the official; or (3) any cash settlement related to City Manager’s termination, such sums shall be fully reimbursed by City Manager to City if the City Manager is convicted of a crime involving abuse of his or her office or position. All provisions of Government Code § 53243.3 shall take precedence over the terms of this Agreement.

3.6 Application of Government Code § 3511.2. Notwithstanding any other provisions of this Agreement, it shall be prohibited for this Agreement to provide an automatic renewal hereof that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits. Government Code § 3511.2 is hereby incorporated into the terms of this Agreement as follows:
“On or after January 1, 2012, any contract executed or renewed between a local agency and a local agency executive shall not provide for the following:
(a) An automatic renewal of a contract that provides for an automatic increase in the level of compensation that exceeds a cost-of-living adjustment. (b) A maximum cash settlement that exceeds the amounts determined pursuant to Article 3.5 (commencing with Section 53260) of Chapter 2 of Part 1 of Division 2 of Title 5.” [i.e., a cash settlement that exceeds 18 months of the salary and benefits]

3.7 No Severance if Termination Initiated By City Manager. City Manager expressly agrees that he or she shall not be entitled to any severance payment as the result of the termination of this Agreement if such termination is initiated by City Manager.

3.8 Payment. Any severance payment required under Section 3.0 shall be paid within ten (10) days following the execution of a general release of claims, provided City Manager has not revoked the release.

4.0 TERMINATION FOR CAUSE
City shall not be obligated to make any severance payment as described in Section 3.0 above if City Manager is terminated for cause. For the purposes of this Agreement “cause” for termination shall include, but not be limited to, the following: (1) loss of mental capacity for more than six (6) consecutive months as determined by a court of competent jurisdiction; (2) persistent, habitual or willful neglect of duty; (3) insubordination (which shall be defined as a repeated failure to carry out a directive or directives of City’s City Council made by Council as a body); (4) corrupt DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 6
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or willful misconduct in office; (5) willful malfeasance, or conviction of an illegal act (excepting minor traffic or moving violations) amounting to an act of moral turpitude (a conviction following a plea of nolo contendere is deemed a conviction); (6) willful destruction or misuse of City property; (7) habitual intoxication while on duty, whether by alcohol, prescription or nonprescription drugs, and in the case of prescription drugs, where they are being used in a manner not authorized by City Manager’s treating physician; (8) inexcusable absence without an authorized leave of absence; (9) willful political activity involving the support of candidates for City’s City Council or Municipal Code amendments; (10) theft or attempted theft; (11) financial mismanagement; (12) material dishonesty; (13) willful violation of Federal, State or City discrimination and harassment laws concerning race, religious creed, color, national origin, ancestry, physical handicap, marital status, sexual orientation, sex or age concerning either members of the general public or City’s employee(s) while acting in the course and scope of employment, while on City premises or time, and/or while acting without the prior approval or direction of the City’s City Council; (14) willful and unlawful retaliation against any City officer or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto; (15) willful violation of any conflict of interest or incompatibility of office laws; (16) performance of material outside business interests that conflict directly with the activities and duties as City Manager, but not including educational or professional training programs conducted by City Manager whether for personal financial gain or not; (17) refusal to take or subscribe to any oath or affirmation which is required by law; or (18) engaging in conduct tending to bring embarrassment or disrepute to City.

5.0 SALARY

5.1 Annual Compensation. City agrees to compensate City Manager for his or her services rendered hereunder at an annual salary of THREE HUNDRED FIVE THOUSAND DOLLARS ($305,000) as may be adjusted, from time-to time, in accordance with Section 5.3 hereinafter, or as this Agreement may be amended. Such salary shall be payable in installments at the same time as other Department Head employees of City are paid. City Manager shall pay his contribution to FICA, MediCare, and SDI.

5.1.1 Discretionary City Manager Retention Payment. City’s City Council agrees to consider whether to afford City Manager a performance-based employee retention payment up to a maximum of Fifteen Thousand Dollars ($15,000.00). The determination of whether, and in what amount (up to the maximum noted herein), to afford an employee retention payment shall be in the sole and unfettered discretion of the City’s City Council and shall not be the subject of any right of appeal or review.

5.2 Annual Salary Review. As of the effective date of this Agreement, the City Manager’s base salary shall be adjusted the first payroll period commencing on or after January 1, 2025 by three percent (3%). City and City Manager agree to conduct a salary review concurrently with the annual performance evaluation in December 2025 and each December thereafter through the term of the agreement.

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to City Manager paid pursuant to this Agreement. This provision shall not be interpreted to require a separate affirmative vote of three (3) members of Council to approve the additional benefits specified in Section 9.6 of this Agreement.

5.4 Deferred Compensation. City participates in a so-called “Section 457” deferred compensation plan with either Nationwide or Voya but does not contribute to such plan. City Manager is authorized to participate in such plan at his sole cost and expense.

6.0 PERFORMANCE EVALUATION

6.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to City Manager so as to facilitate a more effective management of City. Nothing herein shall be deemed to alter or change the employment status of City Manager (as set forth in Section 2.2 above), nor shall this Section 6.0 be construed as requiring “cause” to terminate this Agreement, or the services of City Manager thereunder.

6.2 Annual Evaluation. Council shall review and evaluate the performance of City Manager annually between December 1 and December 31 of each calendar year. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted above. It shall be the obligation of City Manager and the City Clerk to notify Council of the need to conduct the evaluation required by this Section.

6.3 Written Summary. City and City Manager agree to jointly prepare a written summary of each performance evaluation of City Manager, and to include the same in his or her personnel file within two (2) weeks following conclusion of the review and evaluation process, and shall schedule at least one (1) closed personnel session with City Manager to deliver and discuss the evaluation.

7.0 HEALTH, LIFE AND DISABILITY INSURANCE

7.1 Scope. City shall provide to City Manager with medical, dental, vision, life and long-term disability insurance plans and/or programs as follows:

7.2 City shall provide City Manager with a flexible health insurance (cafeteria) plan in an amount equal to the monthly premium for Kaiser Premium Family Plan provided by the Fire Districts Association of California – Employment Benefits Authority (FDAC-EBA). City Manager may convert any unused health insurance funds into a cash stipend, payable in installments at the same time as other Department Head employees of City are paid. City Manager’s election to of any cash stipend shall occur, if at all, annually in conjunction with City’s open-enrollment period for medical benefits.

7.3 City shall provide a vision and dental insurance plan for City Manager only.

7.4 City shall pay for City Manager to participate in the City’s disability insurance program, which includes both short-term and long-term disability coverage. Integration of leave balances, either partially or fully, is allowed.

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7.5 City shall procure for City Manager a universal, whole life insurance, or other insurance policy offered by the City’s benefits provider and selected by the City Manager in the amount of Two Hundred Fifty Thousand Dollars ($250,000) and shall pay all premiums for the same during the Initial or any Extended Term of this Agreement. During the Initial or any Extended Term of this Agreement, the death benefit payable on such life insurance policy shall be as designated by City Manager.

7.5.1 Any previous insurance policies procured by the City and/or City Manager for the benefit of the City Manager and his designees shall remain in effect at the sole cost of the City Manager, including but not limited to any reoccurring or one-time premiums.

7.6 Each fiscal year, City Manager shall be eligible for reimbursement up to two thousand five hundred dollars ($2,500) for wellness and healthy lifestyle expenses such as, classes, memberships or programs that contribute to fitness and/or wellness, as well as voluntary benefits and preventative measures such as annual medical examinations.

8.0 AUTOMOBILE, TECHNOLOGY

8.1 Car Allowance. City Manager shall be afforded a Six Hundred Fifty Dollar ($650.00) per month vehicle allowance in full compensation for the usage of City Manager's personal vehicle for City-related business.

8.2 Technology. City Manager shall be afforded a cellular telephone and other technology for his or her use in conducting City’s business and to pay all the cellular telephone and other bills during the term of this Agreement.

9.0 VACATION, SICK LEAVE, EXECUTIVE LEAVE & OTHER BENEFITS

9.1 Vacation Leave. As of the effective date of this Agreement, City Manager shall accrue vacation leave on a monthly basis up to a maximum of One Hundred Eighty-Four (184) hours total of accrued vacation time, as the same may be modified from time to time by amendment to this Agreement. City Manager shall be allowed to “cash out” up to a maximum of One Hundred Sixty (160) hours of unused vacation leave during December of any calendar year.

9.2 Sick Leave. As of the effective date of this Agreement, City Manager shall accrue sick leave at a rate of 3.69 hours per pay period. City Manager shall not be allowed to “cash out” any portion of his accrued sick leave during the tenure of his employment with City.

9.3 Bereavement Leave. From and after the effective date of this Agreement, City Manager shall be entitled to such bereavement leave as is currently afforded Department Head employees as the same may be modified for all Department Head employees by resolution of Council from time to time.

9.4 Jury Duty. City Manager shall receive full pay and benefits while responding to a jury summons or serving on a jury for up to ten (10) court days. Any compensation for such jury duty (except travel pay) shall be remitted to City.

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9.5 Holidays. From and after the effective date of this Agreement, City Manager shall be entitled to such holidays as are currently afforded Department Head employees as the same may be modified for all Department Head employees by resolution of Council from time to time.

9.6 Executive Leave. As of the effective date of this Agreement, City Manager shall accrue executive leave at the maximum rate of Eighty (80) hours per year. Executive leave shall not be carried over from year-to-year, and shall not be considered an accrued benefit for purposes of calculating accrued benefits under Section 3.2 of this Agreement. City Manager shall be allowed to “cash out” up to a maximum of Forty (40) hours of unused executive leave during June of any calendar year.

9.7 Retirement. City shall provide City Manager with membership in the California Public Employees Retirement System (“CalPERS”) using the 2.0% at age 60 formula. City Manager shall reimburse City for his portion of the CalPERS contribution not to exceed seven percent (7.0%) pursuant to Glendora Resolution No. 02-64. City shall pay all of its portion of the CalPERS contribution.

9.8 No Additional Benefits. Unless otherwise specified to the contrary in this Agreement, City Manager shall not be entitled to such additional benefits, including cost of living adjustments (“COLA”) to compensation, if any, as are afforded Department Head employees or as the same may be modified for all Department Head employees by resolution of Council from time to time.

10.0 PROFESSIONAL DEVELOPMENT

10.1 Dues, Subscriptions, and Professional Development. City agrees to budget and to pay for the professional dues and subscriptions of City Manager necessary for his or her participation in national, regional, state and local associations and organizations necessary and desirable for his or her professional participation, growth and advancement, and for the good of the City. The City hereby agrees to budget and to pay the travel and subsistence expenses of City Manager for professional and official travel, meetings and occasions adequate to the professional development of City Manager and to adequately pursue necessary official and other functions for the City including, but not limited to, the Annual Conference of the International City Management Association, the State League of Municipalities and such other national, regional, state and local governmental groups and committees thereof which City Manager serves as a member.

10.2 Community participation is a necessary part of City Manager’s duties and as such, City shall pay all necessary dues, fees, and expenses for City Manager to belong to one local civic service club to be selected by City Manager.

11.0 TRAVEL & MEETING EXPENSES

11.1 Out-of-Town Meeting & Seminars. City agrees to reimburse City Manager the actual cost for registration, air or ground travel, lodging, and meals and other expenses incurred by City Manager while attending overnight out-of-town meetings or seminars related to his employment with City. To be eligible to receive reimbursement for meals and lodging for out-oftown meetings or seminars City Manager must have budgeted funds available for such, and shall DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 10
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obtain advance approval of the Council where practical to do so, or in the event such approval cannot be timely obtained, advance approval from the Mayor.

11.2 Local Meetings & Seminars. City agrees to reimburse City Manager the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his employment with City.

11.3 Incidental Expenses. City agrees to reimburse City Manager the actual cost of those incidental expenses necessarily incurred by City Manager while engaged in the business of City upon the presentation of an appropriate receipt therefore.

12.0 BONDING
The City shall bear the full cost of any fidelity or other bonds required of the City Manager by the Council or as required under any law or ordinance.

13.0 AMENDMENT OF AGREEMENT
City agrees that any amendment, alteration, extension, or modification to this Agreement shall be in writing, signed by the parties hereto, approved by the affirmative vote of three (3) members of the City Council with the written consent of City Manager.

14.0 INDEMNIFICATION
For the purpose of indemnification and defense of legal actions, City Manager shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City as set forth in Sections 825 through 825.6 and Sections 995 throughout 996.6 of the California Government Code.

15.0 GENERAL PROVISIONS

15.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreement, either oral or in writing, between the parties with respect to the employment of City Manager by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement of promises not contained in this Agreement shall be valid or binding upon either party.

15.2 Heirs and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the heirs at law and executors of the City Manager.

15.3 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power at any DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 11
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one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

15.4 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

15.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, in full force and effect as of the date of execution.

15.6 Independent Legal Advice. City and City Manager represent and warrant to each other that each has received, to the extent desired, legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement and, City and City Manager further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it, or who drafted any portion thereof.

15.7 Conflicts Prohibited. During the term of this Agreement, City Manager shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict in any manner, with the proper discharge of his or her duties under this Agreement. City Manager shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on City Manager to seek legal advice concerning whether such conflict exists and City Manager’s obligations arising therefrom.

15.7 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To City Manager:

Attn: Mayor
City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741-3380
with a copy to:

City Attorney
c/o Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Adam Raymond
116 E. Foothill Blvd
Glendora, CA 91741
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

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15.8 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.

Delivery of a signed counterpart in electronic form (i.e., PDF) by email shall constitute good and sufficient delivery. The parties are aware that the other party or parties will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Amendment based on the form of signature IN WITNESS WHEREOF, this Agreement has been executed by the City, City Manager, and the City’s duly authorized officers to be effective as of the Effective Date.

CITY OF GLENDORA:

City of Glendora, a municipal corporation
MENDELL THOMPSON, Mayor
ATTEST:

Kathleen R. Sessman, City Clerk
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
DANNY ALESHIRE, City Attorney

CITY MANAGER
ADAM RAYMOND, an individual
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EXHIBIT “A”

GENERAL RELEASE OF CLAIMS
[Attached]
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EXHIBIT “A”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Glendora, a general law city (hereinafter referred to as “THE CITY”), and ___________, an individual (hereinafter referred to as “EMPLOYEE”).

RECITALS
WHEREAS, EMPLOYEE was hired by THE CITY as an at-will City Manager effective _____________ serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”). EMPLOYEE is currently ___ years old.

WHEREAS, THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

WHEREAS, in accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

NOW THEREFORE, and in consideration for the promises, waivers and releases contained herein, the Parties agree as follows:

AGREEMENT

1. RECITALS
All of the Recitals listed above are material provisions of this AGREEMENT and are deemed true by the Parties and incorporated herein by this reference.

2. CONSIDERATION
In exchange for the waivers and releases set forth herein, THE CITY shall provide EMPLOYEE the following consideration:

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wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

2.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address on file with THE CITY via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT. This payments shall be subject to normal and applicable state and federal withholdings as determined appropriate by THE CITY.

2.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code sections 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation, with the sole exception being any workers’ compensation claims.

3. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 16
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individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he or she knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights EMPLOYEE may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he or she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, EMPLOYEE’s counsel of choice, and that he or she does not need any additional time within which to review and consider this AGREEMENT; (g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until EMPLOYEE has signed the AGREEMENT and provided proof of same to THE CITY, and seven (7) calendar days have passed since EMPLOYEE’s execution and no revocation has been served by EMPLOYEE (“EFFECTIVE DATE”).

4. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:

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“General Release--Claims Extinguished”
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

5. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 2, 3, and 4 above.

6. NON-CONFIDENTIALITY OF AGREEMENT
EMPLOYEE acknowledges that THE CITY is a public entity, and as such, that THE CITY shall endeavor to but cannot promise to or otherwise keep the terms and conditions of this AGREEMENT confidential.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 18
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the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he or she shall be exclusively liable for the payment of all taxes for which he or she is responsible, if any, as a result of his or her receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his or her employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he or she will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 19
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none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be DocuSign Envelope ID: 1EAD3657-0734-4F05-832A-1C3616DE49F4 Item #13. Page 20
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deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

Mayor
City of Glendora
116 E. Foothill Blvd,
Glendora, California 91741-3380
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: _______________ EMPLOYEE
By: ________________________________
[NAME]

THE CITY
DATED: __________________ By: ________________________________ Mayor
ATTEST:
__________________________
Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ________________________
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__________, City Attorney
[EMPLOYEE’s LAW FIRM]
By: ________________________
[Counsel]
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Glendora City CouncilMarch 12, 2024

Glendora City Council
March 12, 2024