Agenda packet — Glendora City Council, January 27, 2026 (part 2 of 6)

The City of Gle
Request for Pro
for
Fire Suppression System Mainten
Ey`hjbit C: ,A.cknow!edgement a
And
Certification of Ability to Provide an
I, Oo^ V^OeHeL the
and Repair Services
urance Requirements
ntain Coverage Specified
1 J v, .,
(President, etary, Manager, Owner or Representative)
(Name of Company,Corporation or 0
Specifications and General Provisions regarding insuranc Services Agreement (PSA)I for the Purchase Contract
Fire Suppression Systems Maintenance have been re
to provide and maintain the coverage as specified in th uest to finalize the PSA rior to award shall be sufficie certify that the
uirements as stated within the Professional
nated Request for Proposal ("RFP'') for
id understood and that our Vendors is able
A. Failure to Provide said coveraqe, upon
use for immediate dis ualification of award .

Failure to maintain said coverage shall result in terminati Signature
Vci N la++e
Printed Name
Date
Must be included in final
City of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance

Page 39 of 49 ends

the contract.
submittal.
epair Services
The City of Gle
Request for Pro
for
Fire Suppression System Mainten
Exhibit D: Addendum A
and Repair Services
The Vendors hereby acknowledges the following Addend
any. Vendors understands failure to acknowledge any ad
be considered nan-responsive. It is the Vendors' responsi and download the number of addenda that have been po
Printed Name
T,..,vft/
Title
I o, 2{-Lr
Date
Must be included in tina
City of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance mber(s) to this RFP have been received, if
da i§§ued may cause the RFP response to
to log into the Planet Bids System to identl.fy
P submittal.
epair Services

Page 40 of 49 ends

The City of Gle
Request for Pro
for
Fire Suppression System Mainten
Exhibit E: Referen
and Repair Services
orksheet
The fo!!owing P`eferences Worksheet must be complete, plea of four (4) clients that are similar in size to the City that your c Preferred references should be government agencies and be Please \,Jerify accurac\,J of contact information.

I Company Name
i
I ___ ____I_.--___ ------------
1' Contact Name and Title
1 mpany Address
Contact Telephone Number
Contact Email LM
Description of Comparative Services and
Project Cost (please be specific) look
i:-e:iii_
r6={=ria~ri-:--:-i-a--+it-i;
L__
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
City Of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance and not mark "See ,A`ttached". Provide a minimlJm
ny has conducted comparable or like services.
rrent customer within the past three (3) years.
-30 CIY
v{,e Q> ',+a . wOv^ir ` 6®v -i;;F:---i---i;-:-~E~fjF;,-iirF;:
•(,"s'fqn, J7,l{-
Services
__________I

Page 41 of 49 ends

The City of Gle
Request for Pro
for
Fire Suppression System Mainten
Company Name
Contact Name and Title
Company Add ress
Contact Telephone Number
Contact Email
Description of comparative services and I fr/
Project Cost (please be specific)
Company Name
act Name and Title
mpany Address
Contact Telephone Number
Contact Email
ption of comparative services and : f.f
Cost (please be specific)
Must be included in final
City Of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance nce|and Repair Services
4Ll-qq3-7777
>,`E;:i--;inwl-;~i-a--:-i;-i
--;cJfr---f-,r-,--;I-i;i:;:-off;~
RFP submittal,
nd Repair Services

Page 42 of 49 ends

The City of Gle
Request for Pr
for
Fire Suppression System Mainten
Ey`hibit F: Signatiire
The undersigned firm declares that he has carefully exam and conditions, and hereby proposes and agrees, if this R accordance with the specifications and instructions, in the ti amounts set forth in the RFP response.

THE VENDOR IN SuBMITTING THIS RFP RESPONSE

FAILURE TO DO SO MAY DEEM YOUR REP RESPONS
and Repair Services
the specifications and read the above terms
esponse is accepted, to furnish all material in
nd manner therein prescribed for the unit cost
FILL IN THE FOLLOWING INFORMATION.

NON-RESPONSIVE.

Co#::N:r:;;. F,'re ftk [o.5he`
elephone #:

JZ3-2.B},6qry
Fax #:

Jz'-Zb'-11/€
suihe#crty`sfate,zfpn i hn rral a }Jr.u
fo s6lb fi L.A -r4 qooz3
fy",I,,9 d`ul,"
@®f 2.}Vlo 4o> M}.bi a. qoozl
E-mail address:
ryi a Fee.O cz ful ,c` h^
uth5Z;d^Rfrp:e;i:t#e/P.r;nt' zr" wh Oof OU f wh
fir{,utvr*. a E C>
Signature:

Must be included in fina
City of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance submittal.
epair Services

Page 43 of 49 ends

The City of Gle
Request for Pro
for
Fire Suppression System Mainten
Exhibit G: Inventory
and Repair Services
acilities
Address
American Legion Building 159 N. Cullen Ave
Big Dalton Canyon Campground Building 3000 Big Dalton Canyon Rd Big Dalton Day Camp / Picnic Area / Restrooms 2041 Big Dalton Canyon Rd Carly E Linder Equestrian Center 1000 N. Glendora Mountain Rd Centennial Heritage Park / House / Workshop / Print 725 E. Mauna Loa Ave Chamber of Commerce building 224 N. Glendora Ave
City Hall 116 E. Foothill Blvd
Crowther Teem Center 241 W. Dawson Ave
Finkbiner / storage / Game checkout stand / Restroo 160 N Wabash Ave G{adstofle Park Restroom 600 E. Gladstone Ave
Historical Museum 314 N. Glendora Ave
La Fetra Expansion Center 333 E. Foothill BIvd
La Fetra Historical 333 E. Foothill Blvd
Larry R. Glenn Bandshell 181 N. Cullen Ave
Liberty House / Restroom 181 N. Cu}Ien Ave
140 S. Glendora Ave
Lobb Field Snack bar / Restrooms 160 N Wabash Ave
Louie Pompei Snack bar / Equipment Storage / Restr 1100 S. Valley Center Ave Off Site Water Yard 625 HiddenvalleyDr. Azusa
Parks Yard 1636 CGmpromise Line Rd
Police department 150 S. Glendora Ave
Public Works Yard 1250 Saint Vladimir St
Scoutt Hut 435 E. Dalton Ave
Transportation Center 410 E. Dalton Ave
Water Department Off Site Wells 1051 E. Sierra Madre Ave WaterYard 1051 E. Sierra Madre Ave
Youth Center 437 E. Dalton Ave
City of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance epair Services

Page 44 of 49 ends

:::uC:;%f:irrGp'reonio°sr:
mtwbar 862Sjlr
®®p>+at 9$907fT
F'resuppress'°Enxshyj;tjetmH::I:tsetn:[:epi:da,Repa!rservlces Location Item Description I Qtv. Unit Unit cost
11 EA l8ot,
11 EA1 American Legion Building
2 La Fetra Expansion center
Ansul system R-102
Wet Chemical
Ansul system R-102
Wet Chemical
Subtotal -Kitchen Hood Systems -Semi-Annual testing per NFPA 96 & 72:

Clean Agent Suppression Systems -Semi-Annual testing per NFflA IZA & 72 Item
No.
3 Library
Location
1230 FK-5-1-12
Subt°ta'*-p:'ceea,:£E::at,i:Pti,r:Sys::rnSS}::ef:rse-asceh|':-£Tn&u#eu#j|:s:::tNFPAL2A&72:

Fire Extinguishers -Semi Annual testing per NFPA 10
Item
NO.

Location Item Description
4 La Fetra Expansion center
Fire Extinguisher
Wet Chemical 2-A:K
Subtotal -Fire Extinguishers -Sem
Qt| UEn:t unitcost
sz,®
Anhual testing per NFPA 10:

Total -Section 1: Semi-Annual Fire Protettior| System Maintenance:

City of Glendora
Qu-estcDN# 9890745 -RFP for Fire Suppression System Maintenance #d Repair Services Total
Sl ooo,00
$1000.00
$1410.00

Page 45 of 49 ends

The City of Glen
F`equest for Pro
for
Fire Suppression System Maintena
Section 2: Annual Fire Protection System Maintenance
Water Based Systems -Annual testing per NFPA 25 & Title 19 a Location
5 Crowther Teen center
6 Liberty House / Restroom
7 Library
Louie Pompei Snack bar /
Equip. Storage / Restrooms
9 Police department
10 Water Yard
Item Description
Riser / Sprinklered
Riser / sprinklered
Sprinkler Curtain
(Domestic Supply)
Riser / sprinklered
Standpipe systems /
Hose
Riser / Sprinklered
Subtotal -Water a
Fire/Smoke Doors -Annual testing per NFPA 2S & Title 19 of th Location
11 LaFetraExpansioncenter
12 La Fetra Expansion center
Item Description
Double doors with
mag lock release
Roll down door in
kitchen
Subtotal -Fire
Fire Extinguishers -Annual testing per NFPA 10
Location
13 American Legion Building
Item Description
Fire Extinguisher
Type ABC -8 lbs.

City of Gtendora
Queg(CDN# 9890745 -RFP for Fire Suppression System Maintenance Total
$300.00
ce and Repair Services
the California Code of Regulations
Qt . unit Unitcost
1 EA eeoo.oo
$232.50
$300.00
21EA
llEA
2| EA $232.50
EA $25o.oo
EA $30o.0o
$465.00
$300.00
$465.00
$500.00
$300.00
sed|Systems Annual Testing: $233o.oo
Total
se25.00 $650.00
EA $225.oo $225.00
Smpke Door Annual Testing: $875.oo
\12`P

Page 40 of 49 ends

H
nd Repair Servlce8
The City of GIS
Request for Pro
for
14 15
Big Dalton Canyon
Campground Building
Fire Suppression System Maintena
Fire Extinguisher
Type ABC -8 lbs.

Chamber of Commerce
building
16 CityHall
17 Crowther Teen center
18 Crowther Teen center
19 Finkbiner / storage / Game
checkout stand / Restrooms
20 Historical Museum
21 Historical Museum
22 LaFetraExpansioncenter
23 La Fetra Expansion center
24 La Fetra Historical
25 LarryR.GlennBandshell
26 LibertyHouse/Restroom
27 Library
28 29
Lobb Field Snack bar /
Restrooms
Louie Pompei Snack bar /
Equip. Storage / Restrooms
30 Off site water Yard
31 Parks Yard
32 Policedepartment
33 Public works Yard
Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC- 10 lbs.

Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC-10 lbs.

Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher -
Type ABC -20 lbs.

Fire Extinguisher
Type ABC -8 lbs,
Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -8 Ibs.

Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -8 lbs,
Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -5 Ibs.

City of Glendora
QuestcDN# 9890745 -RFP for Fire Suppression System Maintenance ce and Repair Services
21 EA luo,
31 EA ,HcP
17 EA \|f
EA \lr
1 EAut
1 EAul
3 EA _______LILGP_
1 EAul
9 EAul
1 EA_ \q®
4 EA \HP
11 EA ,I
2] :: - llEA
-
M
EA _ \H___`
EA _EL
EAIH
EA____ \1
EAH
nd Rt)pair Services
$42.00
$238.00
S112.00
$14.00
S14.00
$42.00
$14.00
$126.00
$14.00
$56.00
S14.00
$14.00
$294.00
$14.00
$56.00
$98.00
$14.00
$238.00
$56.00

Page 47 of 49 ends

The City of Gle
Request for Pro
for
Fire Suppression System Maintena
34 Public works Yard
35 Public works Yard
36 Public works Yard
37 Scout Hut
38 Transportationcenter
39 40
Water Department off site
Wells (Serviced at Water Yard)
Water Department off site
Wells (Serviced at Water Yard)
41 Water Yard
42 Youth center
Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -15 lbs.

Fire Extinguisher
Type ABC -20 lbs.

Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher Type
ABC -5lbs
Fire Extinguisher Type
ABC -8lbs
Fire Extinguisher
Type ABC -8 lbs.

Fire Extinguisher
Type ABC -8 lbs.

Subtotal -Fir
Fire Hose Maintenance -Annual Maintenance per NFPA 25
Location
48 Policedepartment
Item Description
75 ft, Fire Hose
w/changeable Nozzle
Subto
Total -Section 2: Annual Fire Prot
City of Glendora
Que§tcDN# 9890745 -RFP for Fire Suppresslon System Maintenance \1\
EA \H __
EA\H
EA \ |i
EA ,.1)
EA_ [fy
EA ______I___+__ __
EA (L/
EA/¢
Extinguisher Annual Testing:
15 al -|Fire Hose Annual Testing:
icy System Maintenance:
nd Plepajr Services
280.00
$14.00
$70.00
$28.00
$42.00
$210.00
$28.00
$112.00
$28.00
$2310.00
$30.00

Page 48 of 49 ends

The City of Gle
Request for Pro
Hm
Fire Suppression System Maintena
Section 3: Five-Year Fire Protection System Maintenance Water Based Systems -Five-Year testing per NFPA 25 & Title 19 Location
49 Crowther Teen center
50 LibertyHouse/Restroom
51 Library
52 Louie Pompei Snack bar /
Equip, Storage / Restrooms
53 Policedepartment
54 WaterYard
Item Description
Riser / Sprinklered
Riser / sprinklered
Sprinkler Curtain
(Domestic Supply)
Riser / sprinklered
Standpipe systems /
Hose
Riser / Sprinklered
Total -Section 3: Five-Year Fire Prate
Section 4: Labor Rates for As-Needed Repair Services
Description
55 RegularworkingHours
56 HolidayHours
57 After Hours
Item Descrip
Regular working hours are the
hours, 7,.00 a.in. to 5:00 p.in,,
Holiday hours are recognized Ci
After hours are all hours exclud
recognized City holidays.

Clty of Glendora
Que8tcDN# 9890746 -RFP for Fire Suppres§lon System Malntenance Total
$600.00
ce and Repair Services
$600.00
$382.50 21EA
11 EA $3oo.oo
21EA $382.50
EA $250.00
11 EA $600.00
$765.00
$300.00
$765.00
$500.00
$600.00
ior| System Maintenance: $353o.oo
Unit Unit cost
HR i 5C5'
HR \C\oO
HR \ 9o7

Page 49 of 49 ends

y h¢lidays only.
ng rlegular hours and
nd Fi!epalr Services

AGREEMENT FOR CONTRACT SERVICES
By and Between

CITY OF GLENDORA
and
MARX BROTHERS FIRE EXTINGUISHERS COMPANY, INC.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
MARX BROTHERS FIRE EXTINGUISHERS COMPANY, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2026 by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and MARX BROTHERS FIRE EXTINGUISHERS COMPANY, INC., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 2 The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 3 and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Larry Scott Marx, CEO
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 4 By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.8 Further Responsibilities of Parties.

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

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer (as defined below) to the Consultant, incorporating therein any adjustment in (i) the Contract Sum (or a portion of the compensation due to Consultant) for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer.

Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

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.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 5

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty One Thousand Five Hundred Thirty Dollars ($31,530) annually, during the Term of this Agreement, subject to a maximum amount of Ninety Four Thousand Five Hundred Ninety Dollars ($94,590) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9, or as otherwise set forth in the Schedule of Compensation attached hereto as Exhibit “C”.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant shall be deemed to have certify compliance with all provisions of this 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.

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

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

2.5 Waiver.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 6 Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2028 (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto). The City Manager may, at his/her sole discretion, extend the Term of the Agreement for two additional one-year periods (“Extended Term”), subject to the terms and conditions set forth in the Schedule of Compensation (Exhibit “C” attached hereto).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

Larry Scott Marx, Chief Executive Officer
Donald Vallette, Secretary, Chief Financial Officer
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 7 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the Term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Contract Officer.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein.

City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 8 hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

5.2 General Insurance Requirements.
(a) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 9 during the Term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of Contract Provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 10 (j) Additional Insured Status. General liability and automobile 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 by the City in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services who is brought onto or involved in the services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Deductibles / Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 11 (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, 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.
(d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 12 techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

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

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 13 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, as determined by the Contract Officer. The cure period may run concurrently with the termination period as provided in Section 7.7, if the option to cure in the alternative to termination. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 14

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

7.7 Termination Prior to Expiration of Term.

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

7.8 Termination for Default of Consultant.

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

7.9 Attorneys’ Fees.

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 attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ 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 Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 15 be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 16 Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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. Each of the parties intend to be bound by the signatures on any 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 waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

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 Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 17 represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
Larry Scott Marx, CEO

9.7 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) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Agreement – Marx Brothers (Fire Extinguishers – Fire Suppression System Maint.) 01.27.2026 18 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
CONSULTANT:

MARX BROTHERS FIRE EXTINGUISHERS
COMPANY, INC., a California corporation
Name: LARRY SCOTT MARX
Title: Chief Executive Officer
Email: [email protected]
Name: DONALD ROBERT VALLETTE
Title: Secretary, Chief Financial Officer
Email: [email protected]
Address: 1159 SOUTH SOTO STREET
LOS ANGELES, CA 90023
Two corporate officer signatures required when Consultant 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. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE APPROPRIATE ATTESTATIONS

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

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC Jan 14, 2026 | 11:43 AM PST
Jan 14, 2026 | 6:33 AM PST
01240.0001 2067313.3 1/3/2026 A-1
EXHIBIT “A”

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

A. See Exhibit “A-1” (Scope of Services for Fire Suppression System Maintenance and Repair), attached hereto.

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

III. In addition to the requirements of Section 6.2, during performance of the services, Consultant will keep the City updated of the status of performance by delivering status reports via email and telephonic communication to the Contract Officer and applicable City staff.

IV. All personnel utilized by Consultant to perform the services shall be subject to review and approval by the Contract Officer or his/her designee.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-1
EXHIBIT “A-1”

SCOPE OF SERVICES
FOR

FIRE SUPPRESSION SYSTEM MAINTENANCE AND REPAIR

1. General Description
Fire Alarm and Water Based Fire Protection System maintenance, testing, repair, and preventative maintenance Per NFPA 25 & TITLE 19.

2. Inventory of Facilities
Location Address
American Legion Building 159 N. Cullen Ave
Big Dalton Canyon Campground Building 3000 Big Dalton Canyon Rd Big Dalton Day Camp / Picnic Area / Restrooms 2041 Big Dalton Canyon Rd Carly E Linder Equestrian Center 1000 N. Glendora Mountain Rd Centennial Heritage Park / House / Workshop /
Printshop 725 E. Mauna Loa Ave
Chamber of Commerce building 224 N. Glendora Ave
City Hall 116 E. Foothill Blvd
Crowther Teen Center 241 W. Dawson Ave
Finkbiner / storage / Game checkout stand / Restrooms 160 N Wabash Ave Gladstone Park Restroom 600 E. Gladstone Ave
Historical Museum 314 N. Glendora Ave
La Fetra Expansion Center 333 E. Foothill Blvd
La Fetra Historical 333 E. Foothill Blvd
Larry R. Glenn Bandshell 181 N. Cullen Ave
Liberty House / Restroom 181 N. Cullen Ave
Library 140 S. Glendora Ave
Lobb Field Snack bar / Restrooms 160 N Wabash Ave
Louie Pompei Snack bar / Equipment Storage /
Restrooms 1100 S. Valley Center Ave
Off Site Water Yard 625 Hidden Valley Dr. Azusa
Parks Yard 1636 Compromise Line Rd
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-2
Location Address
Police department 150 S. Glendora Ave
Public Works Yard 1250 Saint Vladimir St
Scoutt Hut 435 E. Dalton Ave
Transportation Center 410 E. Dalton Ave
Water Department Off Site Wells 1051 E. Sierra Madre Ave Water Yard 1051 E. Sierra Madre Ave
Youth Center 437 E. Dalton Ave

3. Definitions
When referring to frequency of service, the terms below shall be defined as follows:
• Daily: Occurring every day.
• Weekly: Occurring once per calendar week
• Monthly: Occurring once per calendar month
• Quarterly: Occurring four times per calendar year with a minimum of two months and a maximum of four months between occurrences. • Semi-Annual: Occurring two times per calendar year with a minimum of five months and a maximum of seven months between occurrences. • Annual: Occurring once per calendar year with a minimum of eleven months and a maximum of thirteen months between occurrences.
• Three-Years: Occurring once every thirty-six months with a minimum of thirtyfive months and a maximum of thirty-seven months between occurrences. • Five Years: Occurring once every sixty months with a minimum of fifty-nine months and a maximum of sixty-one months between occurrences.

4. Semi-Annual Fire Protection System Maintenance

4.1 Kitchen Hood Systems
Kitchen Hood Systems (ANSUL) are to be tested and inspected per the requirements of NFPA 13:
• Test and inspect Ansul Hood Systems including test, report and tagging. • Inspect cabling, scissor linkage and conduit.
• Inspect pull stations and test for proper operation.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-3
• Inspect cylinder, control head, and firing cartridge. • Inspect accessible piping, hangers, seals, drops and nozzles. • Replace links, nozzle seals and nozzles.

4.2 Clean Agent Suppression Systems
Clean Agent Suppression Systems are to be tested and inspected per the requirements of NFPA 72:
• Check to see if system is in service.
• Check control panel function for alarm and trouble conditions. • Check batteries for charge and corrosion and leakage. • Test all manual pull stations for operation.
• Test all detectors (heat, smoke, duct, radiant energy, air sampling) for operation per NFPA 72.
• Test all abort stations for normal operation.
• Test all audio/ visual devices for operation.
• Test time delays.
• Test all auxiliary functions (if possible).
• Test cross zone operation.
• Visual inspection of protected area to ensure that have been no changes that can affect equipment performance.
• Visual inspection of discharge piping, nozzles, and brackets. • Visual inspection of the protected rooms to determine if any penetrations have been made which could lower the required concentration level of agents. • Check operation of releasing devices.
• Test all Pre-Action devices.
• Test discharge sequence for both main and reserve systems cylinder where applicable.
• Tests supervision of all circuits.
• Check quantity or pressure of agent in storage container: record weight and pressure on inspection report.
• Inspect hoses for damage: test hose every (5) years.
• Hydrostatically test and or visually inspect storage cylinders as required: record on inspection report.
• Provide digital report for City’s files that detail any deficiencies.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-4

4.3 Fire Extinguishers
Fire Extinguishers scope of work includes but is not limited to the following:

Provide inspection, testing, maintenance, and repair services on all fire extinguishers per NFPA 10.

Fire Extinguisher Types:
• Type K

4.4 Payment
Payment for Semi-Annual Fire Protection System Maintenance shall be paid for at the unit prices listed on Exhibit “C” Schedule of Compensation. The price will include all labor, materials, hardware, tools, and incidentals to provide Semi-Annual Fire Protection System Maintenance per NFPA requirements and the specifications herein; no additional compensation will be allowed.

5. Annual Fire Protection System Maintenance

5.1 Water Based Systems
Water Based Description: Operation of flow switches, water flow bells, electric bells, risers, tamper switches and all retard chambers. Pressure reducing and relief valves, fire department connections, main drains, water flow alarms, priming water, low air pressure alarms, quick opening devices. All devices being checked will be checked to be free of but not limited to damage and or leaks and to be in good working condition.

All components shall be inspected, tested, cleaned, repaired, replaced, and maintained in good working order in accordance with the manufacturer’s instructions and as required by NFPA 25.

5.2 Fire/Smoke Doors
Fire/Smoke Doors are to be tested per NFPA 25 and Title 19 of the California Code of Regulations.

5.3 Fire Extinguishers
Fire Extinguishers scope of work includes but is not limited to the following:

Provide inspection, testing, maintenance, and repair services on all fire extinguishers per NFPA 10.

5.4 Fire Hose Maintenance
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-5
Annual Fire Hose Maintenance per NFPA 25:
• Visually inspect the hoses, couplings and nozzle.
• Verify the hose is within its service test (if not, remove the hose for service hydrostatic testing).
• Remove the nozzle and inspect for obstructions, damage to nozzle tip, broken or missing parts and the thread gasket is in good condition. • Inspect the couplings to identify and defects such as damage threads, corrosion, slippage on the hose, etc.
• Inspect the couplings and nozzles to verify a tight fit and that they are not deteriorated.
• Reinstall the nozzle (nozzles attached to in-service hose shall be kept in the closed position).
• Remove the hose from the rack and visually inspect the hose for any damage. • Re-rack the hose so that folds do not occur at the same position on the hose.

5.5 Payment
Payment for Annual Fire Protection System Maintenance shall be paid for at the unit prices listed on Exhibit “C” Schedule of Compensation. The price will include all labor, materials, hardware, tools, and incidentals to provide Annual Fire Protection System Maintenance per NFPA requirements and the specifications herein; no additional compensation will be allowed.

6. Five-Year Fire Sprinkler (wet) Inspections per NFPA 25 & Title 19 • Annual inspection of entire system, including test report and tagging • Main drain test; provide static and residual pressure. • Inspectors test valve: must ring local bell within 90 seconds, must notify central station via alarm system.
• Lubricate and operate each system control valve.
• Inspect all visible piping, hangers, heads, and signage. • Annual inspection of entire system, including test report and tagging • Main drain test; provide static and residual pressure. • Inspectors test valve: must ring local bell within 90 seconds, must notify central station via alarm system.
• Lubricate and operate each system control valve.
• Inspect all visible piping, hangers, heads, and signage.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-6
• Inspect all visible seismic bracing, flanges, system connections including FDC. • Back flush fire department connections to remove all debris from piping, must remove or secure check valve.

6.1 Payment
Payment for Five-Year Fire Sprinkler (wet) Inspections shall be paid for at the unit prices listed on Exhibit “C” Schedule of Compensation. The price will include all labor, materials, hardware, tools, and incidentals to provide Five-Year Fire Sprinkler (wet) Inspections per NFPA requirements and the specifications herein; no additional compensation will be allowed.

7. Labor and Materials
The fixed hourly rate shall be all-inclusive of all related costs that the Consultant will incur to provide repair services on an as needed basis, including, but not limited to:
employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; telecommunications; document copying; etc.

Labor hours paid under this contract shall be only for productive hours at the job site.

Time spent for transportation of workers, material acquisition, handling, and delivery, or for movement of Consultant owned or rental equipment is not chargeable directly but is overhead and the cost shall be included in the hourly rate.

After hours rates will be paid for work done at times other than regular working hours.

Consultant must have prior verbal and/or written approval to work outside normal business hours.

Holiday rates will be paid for work done on recognized City holidays only. Consultant must have prior verbal and/or written approval to work outside normal business hours.

Consultant shall provide all necessary replacement parts and materials required to successfully complete each individual work order. Material specifications shall be approved by the Public Works Services Director or designated representative before being incorporated into the work.

All replacement parts, equipment and materials supplied by the Consultant shall be new, undamaged, clean and in good condition. Replacement parts, equipment and materials shall be the same make and model of existing unless substitution has been approved in writing by the Public Works Services Director or designated representative. The markup for all parts, equipment and materials shall be fifteen (15) percent. Copies of all supplier invoices for parts, equipment and materials incorporated into the work shall be submitted with each request for payment.

8. Working Hours
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 A-7
• Regular working hours are the City's normal business hours, 7;00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized by the City. • Holiday hours are recognized City holidays only.
• After hours are all hours excluding regular hours and recognized City holidays.

9. Damage to City Property
The Consultant shall be held responsible for all damage that is caused by his work, workmen, or by his Subcontractors and the Subcontractor's employees or hires.

Patching and replacing of damaged work, shall be done as directed by the City, but the cost of same shall be paid by the Consultant.

At completion of the work, damage to any portion of the buildings, including but not limited to the building's interiors and exteriors, drives, walks, underground and overhead work, and the like used by or during the work of this Agreement shall be repaired or replaced in like manner to the satisfaction of the City at Consultant's expense.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 B-1
EXHIBIT “B”

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

I. None
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks described in Exhibit “A-1” for the lump sum, unit prices, and hourly rates listed in Exhibit “C-1” attached hereto.

II. Commencing on July 1, 2027, the lump sum, unit prices, and hourly rates listed in Exhibit “C-1” may be adjusted annually during the Term or any Extended Term of this Agreement in an amount not exceeding the twelve-month percentage change (up or down) of the Consumer Price Index for All Urban Consumers (CPI-U). February shall be the base month to be used for calculating the annual adjustments. Price adjustments shall correlate with the CPI-U Series titled “All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted,” as published by the Bureau of Labor Statistics, in the Department of Labor. These reports are accessible at the following website:
https://www.bls.gov/cpi/data.htm. Should this index be discontinued, an index covering the most geographically compact region that includes eastern Los Angeles County shall be used.

When requesting a price increase over and above the annual Contract Sum, the Consultant shall submit a justification in writing to the Contract Officer detailing the reasons for the price adjustment request and demonstrating the calculable change in CPI-U that supports a price adjustment to the annual Contract Sum. The request for an annual price adjustment shall be made no later than sixty days prior to the annual adjustment date of this Agreement during the Term or any Extended Term. The requested adjustment for a price increase may not exceed the percentage change of the CPI-U for the twelve-month period prior to the February preceding the adjustment. The City reserves the exclusive right to accept or reject any request for a price adjustment. Price adjustments may be effective only upon written approval by the City’s Contract Officer or the City Manager and may not be applied retroactively.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

A. Line items for each item of work as shown on Exhibit “C-1” (Consultant’s Billing Rates), including location, item description, quantity, unit, unit cost, and total cost for each line item.

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

C. Line items for all materials and equipment properly charged to the repair services.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-2
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

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

VI. Commencing on July 1, 2028, the Contract Sum as provided in Section 2.1 may be increased in an amount equal to the annual inflation amount as provided in Section II above, subject to the approval of the City Manager.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-1
EXHIBIT “C-1”
Consultant’s Billing Rates
Section 1: Semi-Annual Fire Protection System Maintenance Kitchen Hood Systems - Semi-Annual testing per NFPA 96 & 72 Item
No. Location Item Description Qty. Unit Unit Cost Total 1 American Legion Building Ansul system R-102
Wet Chemical 1 EA $ 180.00 $ 180.00
2 La Fetra Expansion Center Ansul system R-102
Wet Chemical 1 EA $ 180.00 $ 180.00
Subtotal - Kitchen Hood Systems - Semi-Annual testing per NFPA 96 & 72: $ 360.00 Clean Agent Suppression Systems - Semi-Annual testing per NFPA 12A & 72 Item
No. Location Item Description Qty. Unit Unit Cost Total 3 Library Halon system Novec
1230 FK-5-1-12 1 EA $ 500.00 $ 500.00
Subtotal - Clean Agent Systems - Semi-Annual testing per NFPA 12A & 72: $ 500.00 Fire Extinguishers - Semi Annual testing per NFPA 10
Item
No. Location Item Description Qty. Unit Unit Cost Total 4 La Fetra Expansion Center Fire Extinguisher
Wet Chemical 2-A:K 1 EA $ 50.00 $ 50.00
Subtotal - Fire Extinguishers - Semi Annual testing per NFPA 10: $ 50.00 Total - Section 1: Semi-Annual Fire Protection System Maintenance: $ 910.00 Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-2
Section 2: Annual Fire Protection System Maintenance
Water Based Systems - Annual testing per NFPA 25 & Title 19 of the California Code of Regulations Item
No. Location Item Description Qty. Unit Unit Cost Total 5 Crowther Teen Center Riser / Sprinklered 1 EA $ 300.00 $ 300.00 6 Liberty House / Restroom Riser / sprinklered 2 EA $ 232.50 $ 465.00 7 Library Sprinkler Curtain
(Domestic Supply) 1 EA $ 300.00 $ 300.00
8 Louie Pompei Snack bar /
Equip. Storage /
Restrooms
Riser / sprinklered 2 EA $ 232.50 $ 465.00
9 Police department Standpipe systems /
Hose 2 EA $ 250.00 $ 500.00
10 Water Yard Riser / Sprinklered 1 EA $ 300.00 $ 300.00 Subtotal - Water Based Systems Annual Testing: $ 2,330.00 Fire/Smoke Doors - Annual testing per NFPA 25 & Title 19 of the California Code of Regulations Item
No. Location Item Description Qty. Unit Unit Cost Total 11 La Fetra Expansion Center Double doors with mag
lock release 2 EA $ 325.00 $ 650.00
12 La Fetra Expansion Center Roll down door in
kitchen 1 EA $ 225.00 $ 225.00
Subtotal - Fire/Smoke Door Annual Testing: $ 875.00
Fire Extinguishers - Annual testing per NFPA 10
Item
No. Location Item Description Qty. Unit Unit Cost Total 13 American Legion Building Fire Extinguisher
Type ABC - 8 lbs. 8 EA $ 14.00 $ 112.00
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-3
14 Big Dalton Canyon
Campground Building
Fire Extinguisher
Type ABC - 8 lbs. 2 EA $ 14.00 $ 28.00
15 Chamber of Commerce
building
Fire Extinguisher
Type ABC - 8 lbs. 3 EA $ 14.00 $ 42.00
16 City Hall Fire Extinguisher
Type ABC - 8 lbs. 17 EA $ 14.00 $ 238.00
17 Crowther Teen Center Fire Extinguisher
Type ABC - 8 lbs. 8 EA $ 14.00 $ 112.00
18 Crowther Teen Center Fire Extinguisher
Type ABC - 10 lbs. 1 EA $ 14.00 $ 14.00
19 Finkbiner / storage / Game
checkout stand /
Restrooms
Fire Extinguisher
Type ABC - 8 lbs. 1 EA $ 14.00 $ 14.00
20 Historical Museum Fire Extinguisher
Type ABC - 8 lbs. 3 EA $ 14.00 $ 42.00
21 Historical Museum Fire Extinguisher
Type ABC - 10 lbs. 1 EA $ 14.00 $ 14.00
22 La Fetra Expansion Center Fire Extinguisher
Type ABC - 8 lbs. 9 EA $ 14.00 $ 126.00
23 La Fetra Expansion Center Fire Extinguisher -
Type ABC -20 lbs. 1 EA $ 14.00 $ 14.00
24 La Fetra Historical Fire Extinguisher
Type ABC - 8 lbs. 4 EA $ 14.00 $ 56.00
25 Larry R. Glenn Bandshell Fire Extinguisher
Type ABC - 8 lbs. 1 EA $ 14.00 $ 14.00
26 Liberty House / Restroom Fire Extinguisher
Type ABC - 8 lbs. 1 EA $ 14.00 $ 14.00
27 Library Fire Extinguisher
Type ABC - 8 lbs. 21 EA $ 14.00 $ 294.00
28 Lobb Field Snack bar /
Restrooms
Fire Extinguisher
Type ABC - 8 lbs. 1 EA $ 14.00 $ 14.00
29 Louie Pompei Snack bar /
Equip. Storage /
Restrooms
Fire Extinguisher
Type ABC - 8 lbs. 4 EA $ 14.00 $ 56.00
30 Off Site Water Yard Fire Extinguisher
Type ABC - 8 lbs. 7 EA $ 14.00 $ 98.00
31 Parks Yard Fire Extinguisher
Type ABC - 8 lbs. 1 EA $ 14.00 $ 14.00
32 Police department Fire Extinguisher
Type ABC - 8 lbs. 17 EA $ 14.00 $ 238.00
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-4
33 Public Works Yard Fire Extinguisher
Type ABC - 5 lbs. 4 EA $ 14.00 $ 56.00
34 Public Works Yard Fire Extinguisher
Type ABC - 8 lbs. 20 EA $ 14.00 $ 280.00
35 Public Works Yard Fire Extinguisher
Type ABC - 15 lbs. 1 EA $ 14.00 $ 14.00
36 Public Works Yard Fire Extinguisher
Type ABC - 20 lbs. 5 EA $ 14.00 $ 70.00
37 Scout Hut Fire Extinguisher
Type ABC - 8 lbs. 2 EA $ 14.00 $ 28.00
38 Transportation Center Fire Extinguisher
Type ABC - 8 lbs. 3 EA $ 14.00 $ 42.00
39 Water Department off site
Wells (Serviced at Water
Yard)
Fire Extinguisher
Type ABC - 5lbs 15 EA $ 14.00 $ 210.00
40 Water Department off site
Wells (Serviced at Water
Yard)
Fire Extinguisher
Type ABC - 8lbs 2 EA $ 14.00 $ 28.00
41 Water Yard Fire Extinguisher
Type ABC - 8 lbs. 8 EA $ 14.00 $ 112.00
42 Youth Center Fire Extinguisher
Type ABC - 8 lbs. 2 EA $ 14.00 $ 28.00
Subtotal - Fire Extinguisher Annual Testing: $ 2,422.00 Fire Hose Maintenance - Annual Maintenance per NFPA 25
Item
No. Location Item Description Qty. Unit Unit Cost Total 48 Police department 75 ft, Fire Hose
w/changeable Nozzle 2 EA $ 15.00 $ 30.00
Subtotal - Fire Hose Annual Testing: $ 30.00
Total - Section 2: Annual Fire Protection System Maintenance: $ 5,657.00 Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-5
Section 3: Five-Year Fire Protection System Maintenance Water Based Systems - Five-Year testing per NFPA 25 & Title 19 of the California Code of Regulations Item
No. Location Item Description Qty. Unit Unit Cost Total 49 Crowther Teen Center Riser / Sprinklered 1 EA $ 600.00 $ 600.00 50 Liberty House / Restroom Riser / sprinklered 2 EA $ 382.50 $ 765.00 51 Library Sprinkler Curtain
(Domestic Supply) 1 EA $ 300.00 $ 300.00
52 Louie Pompei Snack bar /
Equip. Storage /
Restrooms
Riser / sprinklered 2 EA $ 382.50 $ 765.00
53 Police department Standpipe systems /
Hose 2 EA $ 250.00 $ 500.00
54 Water Yard Riser / Sprinklered 1 EA $ 600.00 $ 600.00 Total - Section 3: Five-Year Fire Protection System Maintenance: $ 3,530.00 Section 4: Labor Rates for As-Needed Repair Services
Item
No. Description Item Description Unit Unit Cost
55 Regular Working Hours
Regular working hours are the City's
normal business hours, 7;00 a.m. to
5:00 p.m., Monday thru Friday.

HR $ 95.00
56 Holiday Hours Holiday hours are recognized City
holidays only. HR $ 190.00
57 After Hours
After hours are all hours excluding
regular hours and recognized City
holidays.

HR $ 190.00
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 C-6
Summary of Estimated Annual Routine Maintenance Expenditures Section Location Item Description Qty. Unit Unit Cost Total 1 Semi-Annual Fire Protection System Maintenance 2 EA $ 910.00 $ 1,820.00 2 Annual Fire Protection System Maintenance 1 EA $5,657.00 $ 5,657.00 3 Five-Year Fire Protection System Maintenance 1 EA $3,530.00 $ 3,530.00 Estimated Annual Routine Maintenance: $11,007.00
Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC 01240.0001 2067313.3 1/3/2026 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the terms and conditions set forth in Exhibit “A” attached hereto.

II. Consultant shall deliver all tangible work products described in Exhibit “A” to the City, as provided herein, and otherwise 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.

Docusign Envelope ID: EC25ACBB-90D2-48F0-86FF-AFCB245884CC

STAFF REPORT
TO: Mayor and Council Members DATE: January 27, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Award an Agreement for Contract Services to Pro-Craft Construction, Inc. for AsNeeded Plumbing Services in an amount not to exceed $225,000 (RFP No. 9940965)

RECOMMENDATION
That the City Council:

1. Award an Agreement for Contract Services to Pro-Craft Construction, Inc. for as-needed plumbing services at various City of Glendora facilities in the amount not to exceed $225,000;

2. Authorize the City Manager or his designee to approve up to three, one year extensions to the term of the Agreement; and

3. Authorize the City Manager or his designee to execute the Agreement, including minimal and/or nonsubstantive changes.

STRATEGIC FOCUS AREAS
Not Applicable

EXECUTIVE SUMMARY
The City of Glendora Public Works Department is responsible for the maintenance of plumbing systems in all City of Glendora facilities. These systems include domestic hot and cold water water piping, natural gas piping, drain piping, fittings, domestic hot water heaters, drains, vents, clean outs, toilets, faucets, fixtures, sanitary systems and any other associated plumbing equipment. Request for Proposals (RFP) No. 9940965 for Plumbing Services was issued on November 6, 2025 and proposals were due on December 4, 2025. Two proposals were received in response to this solicitation.

After a thorough analysis of the proposals received, the proposal from Pro-Craft Construction, Inc. was determined to be the most responsive to the solicitation and best meets the needs of the City. Therefore, staff recommends the City Council award an agreement to Pro-Craft Construction, Inc. effective from the date of mutual execution through June 30, 2028, with an option to renew for three additional one-year periods, in an amount not to exceed $225,000.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora Municipal Code (GMC) § 2.40.080 requires a formal procurement procedure be conducted for the acquisition of services where the estimated expenditure is expected to exceed $50,000.

The RFP for Plumbing Services Award an Agreement for Contract Services to Pro-Craft Construction, Inc. for AsNeeded Plumbing Services in an amount not to exceed $225,000 (RFP No. 9940965)) was issued on November 6, 2025 and proposals were opened on December 4, 2025.

DISCUSSION
The City of Glendora Public Works Department is responsible for the maintenance of plumbing systems in all City of Glendora facilities. The Public Works Department regularly issues RFPs to ensure vendor services remain competitive. Plumbing services are currently being provided by a variety of vendors on an as-needed basis. In order to streamline the administrative workload, staff determined it would be more efficient to issue a formal RFP for plumbing services and enter into an agreement with a single vendor who could meet the City’s needs for both routine and emergency plumbing services. Any non-emergency plumbing projects that exceed the limits of a “Level 1 Project” as defined in the Glendora Municipal Code (Section 2.40.150, Uniform Public Construction Cost Accounting Act - Public Contract Code Section 22032a) would continue be bid as a separate project.

The RFP specifications required the vendors to provide a proposal for comprehensive plumbing services on an as needed basis twenty- four (24) hours a day, including weekends and holidays. Services to be provided may include but are not limited to the following.

Installation, maintenance, repair and replacement of plumbing fixtures; hot and cold-water lines, steam and gas lines; drain and sewer lines, pumps, valves and related equipment.

Leak detection and repair of water, steam and gas leaks to ensure efficiency and safety.

Gas, electric, or tank-less water heater repair and replacement.

Installation of water fixtures, sanitary fixtures and equipment with supports, hangers or foundations.

Remove, install and maintain natural gas products including, but not limited to, ovens, stoves, water heaters and gas supply lines.

Plumbing services will be provided on a time and materials basis based at proposed rates.

The RFP for Plumbing Services (RFP No. 9940965) was issued on November 6, 2025 and proposals were opened on December 4, 2025. There were three prospective bidders, and two proposals were submitted in response to the RFP. The two proposals were from Pro-Craft Construction, Inc. of Redlands and Verne’s Plumbing of Buena Park.

After a thorough analysis of the proposals received, staff determined the proposal received from Pro-Craft Construction, Inc. (Pro-Craft) was most responsive to the solicitation. Pro-Craft's service division operates 24/7, including weekends and holidays with a dedicated dispatch team. With over 160 employees, Pro-Craft has the scale necessary to meet the City's service needs and the administrative capacity to ensure compliance with prevailing wage and other laws and regulations. Therefore, staff recommends the City Council award an agreement to Pro-Craft effective from the date of mutual execution through June 30, 2028, with an option to renew for three additional one-year periods, in an amount not to exceed $225,000.

FISCAL IMPACT
There is no fiscal impact with this item. The Adopted FY 2025-2027 Two-Year Budget includes sufficient appropriations in the General Fund (101) Public Work Department account 10170560-59100 for as-needed plumbing services.

ENVIRONMENTAL DETERMINATION
There is no CEQA impact associated with the recommendations in this report.

Prepared By: Paul Fisher, Business Services Manager
Concurs With: Not Applicable
Reviewed By: Moises Lopez, Assistant City Manager
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_RFP_No_9940965_-_As_Needed_Plumbing_Services.pdf
B_Proposal_-_Pro-Craft_Construction.pdf
C_Agreement.pdf
City of Glendora Page 1 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org

REQUEST FOR PROPOSAL (RFP)
Plumbing Services
QuestCDN# 9940965
RFP Release Date: Thursday, November 6, 2025
Contact Name(s): Paul Fisher, Business Services Manager Ryan Hacecky, Facilities Maintenance Supervisor
Address:

E-mail address:
116 E. Foothill Boulevard
Glendora, CA 91741
[email protected]
[email protected]
Deadline for questions and objections: Thursday, November 20, 2025, at 5:00 PM PST Proposal Due Date:

Location:

Thursday, December 4, 2025, at 10:00 AM PST
Electronic proposal submission through QuestCDN
is required

FAILURE TO REGISTER WITH QUESTCDN TO

SUBMIT THE PROPOSALS WILL DISQUALIFY THE
PROPOSER REGARDLESS OF CIRCUMSTANCES.

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1. TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................ 4

2. SCOPE OF SERVICES ...................................................................................................... 4

2.1 Project Description ......................................................................................................................... 4

2.2 Location of Work ............................................................................................................................ 4

2.3 Working Hours ............................................................................................................................... 5

2.4 Response Time ............................................................................................................................... 5

2.5 Contractor’s License ....................................................................................................................... 5

2.6 Contractor Requirements ............................................................................................................... 5

2.7 Regulations Applicable to the Services .......................................................................................... 6

2.8 Safety Requirements ...................................................................................................................... 6

2.9 Waste Disposal ............................................................................................................................... 6

2.10 Term of Contract and Price Adjustments ....................................................................................... 6

2.11 Pricing ............................................................................................................................................. 7

2.12 Invoices ........................................................................................................................................... 8

2.13 Quality Assurance ........................................................................................................................... 8

3. HOW TO OBTAIN THIS RFP .............................................................................................. 8

3.1.1. Request for Proposal ...................................................................................................................... 8

3.1.2. Addenda ......................................................................................................................................... 8

3.1.3. Questions and Proposal Submittals ............................................................................................... 9

3.1.4. Other RFP Requirements ................................................................................................................ 9

4. PROPOSAL SUBMITTAL REQUIREMENTS ...................................................................... 9

5. PROPOSAL SUBMISSION FORMAT ................................................................................. 9

5.1 Cover Letter .................................................................................................................................... 9

5.2 Table of Contents ......................................................................................................................... 10

5.3 Executive Summary ...................................................................................................................... 10

5.4 Experience .................................................................................................................................... 10

5.5 Third Party / Subcontractors ........................................................................................................ 10

5.6 Staff Biographies .......................................................................................................................... 10

5.7 Proposal Response ....................................................................................................................... 11

5.8 Agreement Exceptions Summary ................................................................................................. 11

5.9 Acknowledgement of Insurance Requirements ........................................................................... 11

5.10 Addendum Acknowledgement ..................................................................................................... 11

5.11 References Worksheet ................................................................................................................. 11 City of Glendora Page 3 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services

5.12 Signature of Authority .................................................................................................................. 11

5.13 Cost Proposal ................................................................................................................................ 11

6. CONTRACTOR EVALUATION AND SELECTION PROCESS ...........................................11

6.1 Selection Process .......................................................................................................................... 11

6.2 Evaluation Criteria ........................................................................................................................ 11

7. SCHEDULE OF EVENTS ..................................................................................................12

8. GENERAL INFORMATION ................................................................................................12

8.1 Conflict of Interest ........................................................................................................................ 12

8.2 Standard Form of Agreement ...................................................................................................... 12

8.3 Insurance Requirements .............................................................................................................. 12

8.4 Disclaimer ..................................................................................................................................... 12

8.5 Assigned Representatives ............................................................................................................ 12

8.6 City Business License .................................................................................................................... 12

8.7 Prevailing Wages .......................................................................................................................... 12

8.8 Examination of Specifications and Site of Work .......................................................................... 13

9. ATTACHMENTS: ...............................................................................................................13 Exhibit A: Sample Agreement ................................................................................................................. 14 Exhibit B: Agreement Exceptions Summary ............................................................................................ 39 Exhibit C: Acknowledgement of Insurance Requirements...................................................................... 40 Exhibit D: Addendum Acknowledgement .............................................................................................. 41 Exhibit E: References Worksheet ............................................................................................................ 42 Exhibit F: Signature of Authority ............................................................................................................. 44 Exhibit G: Cost Proposal .......................................................................................................................... 45 City of Glendora Page 4 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services

1. INTRODUCTION
The City of Glendora (hereinafter “City”) is inviting qualified Contractors to submit a proposal response for Plumbing Services, in accordance with the terms and Scope of Work specified herein.

Contractors wishing to participate in the RFP solicitation must be registered as a Contractor on the City Contractor List. Contractor registration can be accomplished by visiting the City website at https://www.cityofglendora.gov/Services/Bids-RFP-Opportunities. Only those responses received from registered Contractors will be accepted. Responses must be submitted by the named Contractor that has downloaded the RFP. This information is indicated in the QuestCDN system and provides the ability to tabulate the responses in accordance with the named Contractors. Submitting a response under a Contractor name that does not appear on the Prospective Bidders list will deem the submittal as non-responsive and disqualify said response from further consideration.

2. SCOPE OF SERVICES

2.1 Project Description
The City is seeking proposals to provide comprehensive plumbing services for various City facilities.

The selected Contractor(s) will provide labor, materials, equipment, tools, and supervision necessary for the service, repair, maintenance, replacement, installation, and/or upgrade of plumbing systems in all facilities owned and/or operated by the City on an as needed basis twenty- four (24) hours a day including weekends and holidays.

Plumbing systems include but are not limited to; piping, hot water piping, domestic hot water piping, cold water piping, domestic water, natural gas piping, drain piping, fittings, domestic hot water heaters and generation equipment, pumps, drains, vents, clean outs, toilets, faucets, fixtures, sanitary systems and any other associated plumbing.

Services to be provided may include but are not limited to the following.  Installation, maintenance, repair and replacement of plumbing fixtures; hot and cold-water lines, steam and gas lines; drain and sewer lines, pumps, valves and related equipment on an as needed basis.
 Replacement of any plumbing piping, fittings or valves by measuring, cutting, threading and welding, gluing, cementing or otherwise joining together a variety of materials Including, but not limited to, clay, concrete, plastic, cast-iron, copper, steel or sheet metal.  Leak Detection: Locate and repair water, steam and gas leaks to ensure efficiency and safety.  Gas, electric, or tank-less Water Heater Repair including but not limited to servicing burner assemblies and replacement of thermocouples.
 Replace Gas, electric, or tank-less Water Heaters.
 Install water, sanitary fixtures and equipment with supports, hangers or foundations.  Remove, install and maintain natural gas products including, but not limited to, ovens, stoves, water heaters and gas supply lines.
 Perform related duties such as erecting scaffolding, riggings, and/or ladders; laying out drop cloths; fabricating miscellaneous metal products; preparing work reports.  Read and interpret blueprints, sketches, instructions or layouts to understand the work to be accomplished.

2.2 Location of Work
All City facilities and public right-of-way, including interior and exterior locations.

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2.3 Working Hours
a. Regular working hours are the City's normal business hours, 7;00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized by the City. b. Holiday hours are recognized City holidays only.
c. After hours are all hours excluding regular hours and recognized City holidays.

2.4 Response Time
The Contractor shall provide the City with a twenty-four (24) hour emergency contact phone number and be capable of dispatching work crews to locations within the City perimeter 24 hours day/7 days a week including weekends and holidays.

Work orders will be issued per the following classifications. a. Emergency Response - This work order will provide emergency services for the repair of essential plumbing systems. This classification will require the Contractor to respond by telephone within fifteen (15) minutes and complete an on-site inspection and prepare a written statement of estimated cost within two (2) hours after notification including weekends and holidays. Contractor shall be on-site with all necessary personnel, tools, materials and equipment within two (2) hours and complete work as soon as possible within a twenty-fourhour period following notice to proceed from City including weekends and holidays. For the purpose of this procurement, a condition requiring Emergency Response is defined as any condition which is a threat to health, welfare or the safety of people and/or property or a condition that will affect an essential service(s) as determined by the Public Works Director or his authorized representative.
b. Standard Response - This work order will provide non-emergency services for the repair or rehabilitation of plumbing systems as requested by the City. The Contractor shall inspect the site within a timeframe as arranged by the City. An estimated cost proposal shall be prepared and submitted within five (5) business days of inspection and work shall be completed within fourteen (14) business days following a notice to proceed from the City, or as otherwise agreed upon between the Contractor and City.

Failure to meet the response requirements as specified above shall result in termination of the contract.

2.5 Contractor’s License
Contractor shall possess any and all Contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a C-36 Plumbing in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.

Pursuant to Section 7028.15 of the California Business and Professions Code, the Contractor’s State contractor’s license number shall be set forth on the bid, together with the expiration date, and the bid shall be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct.

2.6 Contractor Requirements
a. Contractor’s employees shall be in a Contractor-supplied uniform at all times when working on City property. A Contractor-provided, clearly readable name identification device consisting of the employee’s name, photograph and the company name shall be worn at all times. b. All work performed by the Contractor shall be coordinated with the designated City representative.

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c. The Contractor shall provide a competent and reliable superintendent who must be available twenty-four (24) hours a day, seven (7) days a week and have full authority to act on the behalf of the Contractor.
d. Certain duties may require the Contractor to perform work in facilities occupied by City staff and/or the general public. Special care must be taken to keep all work areas safe and clean.

All tools and materials must be kept out of reach from all unqualified personnel and all waste materials and debris shall be cleaned regularly to maintain a safe work site. e. The Contractor shall have updated safety procedures. The procedures must be followed at all times for the protection of life and equipment.

2.7 Regulations Applicable to the Services
Contractor shall assume full responsibility for compliance with all applicable state, federal and local laws, and regulations, including but not limited to laws and regulations pertaining payment of prevailing wages listed herein.
a. A contract awarder pursuant to this RFP is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”).
b. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
c. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

2.8 Safety Requirements
a. All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and employees, and shall comply with all safety provisions and regulations, including CAL OSHA requirements.
b. Contractor shall provide Personal Protective Equipment (PPE) to Contractor’s staff as necessary to safely perform the Services. PPE shall be properly used at all times.

2.9 Waste Disposal
The Contractor shall select his/her own sites for disposal of waste and unsuitable materials collected under the conditions of this contract. In no case shall waste and unsuitable materials be disposed upon City property or any property contiguous thereto. The Contractor is solely and alone responsible for any and all damages done or regulations violated in the disposal of waste material, and for any other actions that he/she performs. Contractor holds the City faultless and free from liability for any and all damages and costs incurred as a result of Contractor's actions. It shall be the responsibility of the Contractor to pay all fees and costs incurred in the disposal of waste material.

2.10 Term of Contract and Price Adjustments
The initial term of the contract is anticipated to be through June 30, 2028, and the term may be City of Glendora Page 7 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
extended for additional one-year periods through June 30, 2032.

Proposed pricing shall be valid through June 30, 2027.

Commencing on July 1, 2027, prices may be adjusted annually during the term of the contract. The maximum allowable increase shall the percent change of the Consumer Price Index for All Urban Consumers (CPI-U). February shall be the base month to be used for calculating the maximum annual adjustment. The maximum adjustments shall correlate with the CPI-U Series titled “All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted,” as published by the Bureau of Labor Statistics, in the Department of Labor. Should this index be discontinued, a substitute index covering the most geographically compact region that includes eastern Los Angeles County shall be used. These reports are accessible at the following website:
https://www.bls.gov/cpi/data.htm.

2.11 Pricing
a. Estimates
The awarded Contractor will provide services indicated herein on a time and materials basis in accordance with the cost proposal. The Contractor shall provide written "NOT TO EXCEED" estimates for all projects. This estimate shall include the estimated number of labor hours, fixed hourly rate, estimated material and equipment cost and completion date.

It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. Contractor is responsible for all costs associated with integrating new equipment and replacement parts into existing systems and obtaining the required performance from the system into which these items are placed. Price shall include all labor, supervision, materials, and equipment based on proposed rates.

Work shall only be performed with the City's written authorization. Upon authorization actual work shall not exceed the Contractors estimate. Unreasonable estimates shall be deemed cause to terminate this contract.
b. Changes in Work
Should any changes in the specifications be required, the Contractor shall submit to the City, in writing, a formal request for a change in the scope of work. Work shall not proceed until approved by the City's Representative. In event of disagreement on the necessity of such changes, the City's decision shall be final.
c. Labor
The fixed hourly rate shall be all-inclusive of all related costs that the Contractor will incur to provide plumbing services on an as needed basis, including, but not limited to, employee wages and benefits; Contractor’s tools, vehicles, and equipment; clerical support; overhead; profit; licensing; insurance; bonding; office supplies; telecommunications; and document copying.

Labor-hours paid under this contract shall be only for productive hours at the job site. Time spent for transportation of workers, material acquisition, handling, and delivery, or for movement of Contractor owned or rental equipment is not chargeable directly, but overhead and the cost shall be included in the hourly rate. The City shall accept no proposal with a minimum charge stipulated.

Regular working hours, after hours, and holiday hours are defined in Section 2.3, Working Hours. The regular hourly rate, after hours rate, and holiday hours rate for labor shall be paid for all hours worked during the times defined therein.

Contractor must have prior verbal and/or written approval to work outside normal hours. d. Vehicles and Equipment
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QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Payment for vehicles and equipment commonly used to provide plumbing services in existing facilities shall be included in the proposed labor rates pursuant to Section 2.11(c). e. Materials
Contractor shall provide all necessary materials required to successfully complete each individual work order. Material specifications shall be approved by the Public Works Director or designated representative before being incorporated into the work.

All materials supplied by the Contractor shall be new, undamaged, clean and in good condition. Replacement fixtures and equipment shall be the same make and model of existing unless substitution has been approved in writing by the Public Works Director or designated representative. Where several items of the same type are required, all shall be of the same manufacture.

The markup percentage for all fixtures and materials to be incorporated in the work shall be included on the proposal. Copies of all supplier invoices for fixtures and materials incorporated into the work shall be submitted with each Contractor invoice submitted to the City.

2.12 Invoices
The Contractor shall prepare a separate invoice for each workorder. The invoice shall include the date, time, location of service or repair, labor hours, labor rate, materials cost, and materials markup.

Invoices shall be submitted to City within fifteen (15) days following the end of the month the repair was completed.

2.13 Quality Assurance
a. Inspections
The Contractor shall guarantee all repairs and installations to pass all inspections by the required by the City or applicable federal, state and local laws, ordinances, codes and regulations in force at the time the services are rendered.

Should any plumbing repair or installation made by the Contractor or their authorized subcontractor not pass an inspection, the Contractor shall make all repairs necessary to ensure the repair or installation passes re-inspection at no additional cost to the City. b. Warranty
Contractor shall guarantee all work for a minimum period of one (1) year, plus any period specified by a manufacturer beyond a year. The guarantee, including all equipment and workmanship, shall be unconditional/without limitations, and shall become effective upon acceptance of work.

3. HOW TO OBTAIN THIS RFP

3.1.1. Request for Proposal
Request for Proposal (RFP) information can be downloaded at www.questcdn.com using QuestCDN#9940965. Contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration, downloading this digital project information and Online Bid submittal. To submit a vBid online bid (which is required for this project) you must do so through the QuestCDN Bid Management System located at www.questcdn.com or via the City of Glendora website at https://www.cityofglendora.gov/Services/Bids-RFP-Opportunities. You may register and download RFP documents electronically for free.

3.1.2. Addenda
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QuestCDN#9940965 – RFP for As-Needed Plumbing Services
All addenda and notices related to this procurement will be posted by the City on QuestCDN. In the event that this RFP is obtained through any means other than QuestCDN, the city will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.

3.1.3. Questions and Proposal Submittals
Submit any questions in the Q&A portion of QuestCDN.

3.1.4. Other RFP Requirements
Each Proposal must conform and be responsive to all requirements set forth in the RFP.

Contractor/Contractors will need to register with the provider of this service, Quest Construction Data Network.

4. PROPOSAL SUBMITTAL REQUIREMENTS
You must respond to this RFP by the due date and time as set in the RFP. Each Proposal must conform and be responsive to all requirements set forth in the RFP to be considered. The City of Glendora has implemented online project bidding using the QuestCDN Construction Data Network.

In order to be considered a qualified bidder, the online proposal must be completed and submitted, all addenda must be acknowledged and uploaded to the site through http://www.questcdn.com/.

You can contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration and downloading this digital project information.

RFP responses must be received electronically via QuestCDN prior to the due date and time specified in solicitation. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors.

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

The City of Glendora reserves the right to reject any and all proposals, to waive any informalities in any proposal and select the one that best meets the City’s needs.

5. PROPOSAL SUBMISSION FORMAT
The City requests that proposal packages submitted be organized and presented in a neat and logical format and are relevant to these services. Contractor’s submittal shall be clear, accurate, concise, and comprehensive. Excessive or irrelevant material will not be favorably received.

Proposal shall contain no more than 20 typed 8 ½ x 11 pages using a 10-point minimum font size, including transmittal/offer letter but excluding Index/Table of Contents for Proposal, tables, charts, resumes of key people, graphic exhibits and required exhibits noted herein. The purpose of these restrictions is to minimize the costs of preparation and to ensure that the response to the RFP is fully relevant to the project.

5.1 Cover Letter
RFP responses must include the complete name and address of Contractor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Contractors ability and willingness to comply with all provisions stated herein.

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5.2 Table of Contents
The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section.

5.3 Executive Summary
The Executive Summary shall condense and highlight the contents of the Contractor’s RFP response to provide the Evaluation Committee with a broad understanding of the Contractor’s approach, Proposal, experience and staffing.

5.4 Experience
The Contractor shall provide a concise statement demonstrating the Contractor’s Proposal, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including:
 The number of years in business,
 The firms service commitment to customers,
 If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services.  State whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated.

5.5 Third Party / Subcontractors
If the Contractor intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Contractors who will be involved in the implementation of the proposed services including but not limited to:
 Description of the Contractor’s experience with each of the proposed subcontractors,  Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP,
 Describe the specific role of each.

5.6 Staff Biographies
Submit the resumes of the individuals who will be performing the services for the City . Resumes shall be formatted in the following order:
 Position with the Company,
 Length of time with the Company,
 Licenses, registrations, and certifications as required by law to perform the Scope of Work described herein,
 Educational background,
 Role in the Project,
 Experience with the minimum requirements stated herein,  Work history on similar or like projects with the other municipalities.

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5.7 Proposal Response
Under this section Contractors shall provide a full, detailed response to the City’s Scope of Services listed herein. Contractors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business’ ability and qualifications to complete the services needed.

5.8 Agreement Exceptions Summary
 Exhibit B, Agreement Exceptions Summary, shall be completed and submitted with proposal.

5.9 Acknowledgement of Insurance Requirements
 Exhibit C, Acknowledgement of Insurance Requirements, shall be completed and submitted with proposal.

5.10 Addendum Acknowledgement
 Exhibit D, Addendum Acknowledgement, shall be completed and submitted with proposal.

5.11 References Worksheet
 Exhibit E, References Worksheet, shall be completed and submitted with proposal.

5.12 Signature of Authority
 Exhibit F, Signature of Authority, shall be completed and submitted with proposal.

5.13 Cost Proposal
 Exhibit H, Cost Proposal, shall be completed and submitted with proposal.

6. CONTRACTOR EVALUATION AND SELECTION PROCESS

6.1 Selection Process

1. Proposal Review Phase - The City’s Contractor evaluation and selection process are based upon Qualifications Based Selection (QBS) for services.

2. The City reserves the right to rely on information from sources other than the information provided by the respondents.

3. Final award shall be contingent upon selected firm (Contractor) accepting the Terms and Conditions listed in RFP.

6.2 Evaluation Criteria
Description Proposal
Review Phase
Content & Format 5 %
Qualifications and Experience 30 %
Generic Project Approach/Work Plan 15 %
Team Organization and Staff Availability 5 %
Resumes of Key Staff 5 %
References 10 %
Interview 30 %
TOTAL Score 100%
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7. SCHEDULE OF EVENTS
RFP release date November 6, 2025
Proposal Receive date December 4, 2025
Review and Contractor Selection January (Estimated)
City Council Approval January (Estimated)
Notice to Proceed January (Estimated)

8. GENERAL INFORMATION

8.1 Conflict of Interest
Proposer(s) may not have any interest in any potential future City procurements that may result from the work performed under the agreement resulting from this RFP.

8.2 Standard Form of Agreement
The Contractor will enter into an agreement with the City based upon the contents of the RFP and the Contractor’s qualifications. A copy of City’s Standard Contractor Agreement is attached hereto as Exhibit A.

8.3 Insurance Requirements
The minimum insurance coverage required in the “Agreement for Contract Services” attached hereto as Exhibit A.

8.4 Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the qualifications. The City reserves the right to extend the due date for the qualifications, to accept or reject any or all qualifications received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part, or in its entirety.

8.5 Assigned Representatives
The City will assign a responsible representative to administer the contract, and to assist the Contractor in obtaining information. The Contractor also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The Contractor’s representative will remain in responsible charge of the Contractor’s duties from the notice-to-proceed through project completion. If the Contractor’s primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City’s representative shall first approve any substitution of representatives or subContractors identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subContractor substitution or removal and may consider such changes not approved to be a breach of contract.

8.6 City Business License
A selected Contractor awarded a contract shall be required to obtain a Glendora Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order.

A selected Contractor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Agreement.

8.7 Prevailing Wages
Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis-Bacon Act, a City of Glendora Page 13 of 45
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selected Contractor(s) shall pay no less than those minimum wages unless an exemption applies.

8.8 Examination of Specifications and Site of Work
Contractors must satisfy themselves by personal examination of the publicly accessible areas of the work sites, the RFP specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Contractor shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of or amount of work necessary for the satisfactory completion of the job.

9. ATTACHMENTS:

Exhibit A: Sample Agreement
Exhibit B: Agreement Exceptions Summary
Exhibit C: Acknowledgement of Insurance Requirements
Exhibit D: Addendum Acknowledgement
Exhibit E: References Worksheet
Exhibit F: Signature of Authority
Exhibit G: Cost Proposal
Exhibit A: Sample Agreement

AGREEMENT FOR CONTRACT SERVICES
By and Between

CITY OF GLENDORA
and
_____________________________________
Exhibit A: Sample Agreement
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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 202___ by and between the City of Glendora, a California municipal corporation (“City”) and ___________________________, _________________ (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

C. Pursuant to the City of Glendora’s 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.

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

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

1.2 Contractor’s Proposal.

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

Exhibit A: Sample Agreement
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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 California Labor Law.

Exhibit A: Sample Agreement
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(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ___________________
(Name, Title)
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits 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.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, 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. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of Exhibit A: Sample Agreement
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such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer (as defined below) to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (or a portion of the compensation due to Contractor) for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer.

Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than 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. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Dollars ($_________) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

Exhibit A: Sample Agreement
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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the 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 shall be deemed to have certify compliance with all provisions of this Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

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

City shall 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 use its best efforts to cause Contractor to be paid within forty-five (45) 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for 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.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto). [The City Manager may, at his/her sole discretion, extend the Term for additional one-year terms.][NOTE: IF THIS PROVISION IS APPLICABLE – NEED TO INCLUDE AN INCREASE FOR THE $

AMOUNT DUE TO CONTRACTOR DURING THE TERM OF THE EXTENSION BASED ON CPI AT THE VERY LEAST]
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name), (Title)
(Name), (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing 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 foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent Exhibit A: Sample Agreement
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personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

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

4.3 Contract Officer.

The Contract Officer shall be _____________________________, 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. 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 AND INDEMNIFICATION
Exhibit A: Sample Agreement
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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 sole cost and 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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 the 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 Exhibit A: Sample Agreement
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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 non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subContractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional Insured Status. General liability and automobile 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 by the City 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 Exhibit A: Sample Agreement
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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 subContractors, subcontractors, and any other party involved with the services who is brought onto or involved in the services 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 Contractors, subcontractors, and others engaged in the services will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement 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) Deductibles / Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Exhibit A: Sample Agreement
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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.
(d) 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 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.

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

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, Exhibit A: Sample Agreement
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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 the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event 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) All 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 attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

Exhibit A: Sample Agreement
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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, as determined by the Contract Officer. The cure period may run concurrently with the termination period as provided in Section 7.7, if the option to cure in the alternative to termination. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If 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.

7.3 Retention of Funds.

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

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

7.5 Rights and Remedies are Cumulative.

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

Exhibit A: Sample Agreement
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7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement 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 Agreement 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.

7.8 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.

7.9 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 attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ 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.

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, Exhibit A: Sample Agreement
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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 this Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The 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, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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 any telecopied, .pdf or other electronically delivered document, and are aware that the other party Exhibit A: Sample Agreement
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will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

9.4 Integration; Amendment.

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.

9.6 Warranty & Representation of Non-Collusion.

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

Contractor’s Authorized Initials ___________________
(Name, Title)

9.7 Authority.

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[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Exhibit A: Sample Agreement
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
(INSERT COMPANY NAME)
Name:(Insert Name),
Title: (Insert Title)
Email Address:

Name:(Insert Name)
Title: (Insert Title)
Email Address:

Address: Including City, State, Zip
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE APPROPRIATE ATTESTATIONS

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

Exhibit A: Sample Agreement
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 202__ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
___
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 202_ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
nature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Exhibit A: Sample Agreement
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EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following services:

II. As part of the services, Contractor will prepare and deliver the following tangible work products to the City:

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

IV. All work product 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 will utilize the following personnel to accomplish the services:

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EXHIBIT “B”

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

II.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates:

DESCRIPTION RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate 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.

VI. The Contractor’s billing rates for all personnel are attached as Exhibit “C-1”.[NEED TO INCLUDE ATTACHMENT]
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EXHIBIT “D”

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

Description Days to Perform Deadline Date
A. [Task A] ______________ ______________
B. [Task B] ______________ ______________
C. [Task C] ______________ ______________
II. Contractor shall deliver the following tangible work products to the City by the following dates.

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

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
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Exhibit B: Agreement Exceptions Summary
Mark the appropriate choice, below:

Contractors accepts the PSA without
exception. OR
Contractors proposes exceptions to the PSA.

Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Contractors’ rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive.

Signature
Printed Name
Title
Date
Must be included in final RFP submittal.

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
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Exhibit C: Acknowledgement of Insurance Requirements
And
Certification of Ability to Provide and Maintain Coverage Specified I, the
(President, Secretary, Manager, Owner or Representative) of , certify that the
(Name of Company, Corporation or Owner)
Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal (“RFP”) for Plumbing Services have been read and understood and that our Contractors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be sufficient cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract.

Signature
Printed Name
Title
Date
Must be included in final RFP submittal.

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
City of Glendora Page 41 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Exhibit D: Addendum Acknowledgement
The Contractors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Contractors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Contractors’ responsibility to log into the Planet Bids System to identify and download the number of addenda that have been posted. 
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Signature
Printed Name
Title
Date
Must be included in final RFP submittal.

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
City of Glendora Page 42 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Exhibit E: References Worksheet
The following References Worksheet must be complete, please do not mark “See Attached”. Provide a minimum of four (4) clients that are similar in size to the City that your company has conducted comparable or like services.

Preferred references should be government agencies and be a current customer within the past three (3) years.

Please verify accuracy of contact information.

Reference 1
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 2
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
City of Glendora Page 43 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Reference 3
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 4
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Must be included in final RFP submittal.

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
City of Glendora Page 44 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Exhibit F: Signature of Authority
The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the RFP response.

THE CONTRACTOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE.

Company Name: Address:
(Street, Suite # City, State, Zip)
Telephone #:

Fax #:

E-mail address: Web Address:

CSLB License Number: PWCR Number:

Authorized Representative: (print) Title:

Signature: Date:

Must be included in final RFP submittal.

The City of Glendora
Request for Proposal
for
As-Needed Plumbing Services
City of Glendora Page 45 of 45
QuestCDN#9940965 – RFP for As-Needed Plumbing Services
Exhibit G: Cost Proposal
Section 1: Labor Rates for As-Needed Plumbing Services
The fixed hourly rate shall be all-inclusive of all related costs that the Contractor will incur to provide plumbing services on an as needed basis, including, but not limited to, employee wages and benefits, tools, vehicles and equipment, clerical support, overhead, profit, licensing, insurance, bonding, office supplies, telecommunications, and document copying.

Item
No. Line Item Line Item Description Unit Unit Cost
1 Regular Working Hours Regular working hours are the City's normal business hours, 7;00 a.m. to 5:00 p.m., Monday thru Friday. HR
2 Holiday Hours Holiday hours are recognized City holidays only. HR 3 After Hours After hours are all hours excluding regular hours and recognized City holidays. HR
Section 2: Materials
Equipment, fixtures, and materials incorporated into the work will be paid at Contractor cost plus the percentage markup proposed herein. Copies of all supplier invoices for fixtures and materials incorporated into the work shall be submitted with each Contractor invoice submitted to the City.

Item
No. Line Item Item Description Markup
4 Materials Percentage Markup for equipment, fixtures and materials incorporated into the work. %

AGREEMENT FOR CONTRACT SERVICES
By and Between

CITY OF GLENDORA
and
PRO-CRAFT CONSTRUCTION, INC.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
PRO-CRAFT CONSTRUCTION, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________, 2026 by and between the City of Glendora, a California municipal corporation (“City”) and PRO-CRAFT CONSTRUCTION, INC., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 2

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 3 these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Christopher McFayden, Chief Executive Officer
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 4 shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Care of Work.

1.8 Further Responsibilities of Parties.

1.9 Additional Services.

1.10 Special Requirements.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 5 Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

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

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 6 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

3.3 Force Majeure.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2028 (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto). The City Manager may, at his/her sole discretion, extend the Term for up to three additional one-year periods (each such period, an “Extended Term”), subject to the terms and conditions set forth in the Schedule of Compensation (Exhibit “C” attached hereto).

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 7

3.5 Representatives and Personnel of Consultant.

Christopher McFayden, Chief Executive Officer
Susan Denice McFayden, Chief Financial Officer
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the Term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

3.6 Status of Consultant.

3.7 Contract Officer.

3.8 Independent Consultant.

City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 8 independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

3.9 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Insurance Coverages.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 9 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

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

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 10 (h) Requirements not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional Insured Status. General liability and automobile 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 by the City in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services who is brought onto or involved in the services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Deductibles / Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense. (p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 11 (q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

4.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, 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.
(d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 12 services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

5.2 Reports.

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

5.3 Ownership of Documents.

5.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 13 (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

6.2 Disputes; Default.

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6.3 Retention of Funds.

6.4 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.

6.5 Rights and Remedies are Cumulative.

6.6 Legal Action.

6.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 15 entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

6.8 Termination for Default of Consultant.

6.9 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 attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ 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.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

7.2 Conflict of Interest.

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7.3 Covenant Against Discrimination.

7.4 Unauthorized Aliens.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

8.2 Interpretation.

8.3 Counterparts.

8.4 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 Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 17 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.

8.5 Severability.

8.6 Warranty & Representation of Non-Collusion.

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

Consultant’s Authorized Initials ___________________
Christopher McFayden, Chief Executive Officer

9.7 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) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Agreement – Pro-Craft Construction, Inc. (As-Needed Plumbing Services) 01.27.2026 18 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
CONSULTANT:

PRO-CRAFT CONSTRUCTION, INC.

Name: Christopher McFayden
Title: Chief Executive Officer
Email: [email protected]
Name: Susan Denice McFayden
Title: Chief Financial Officer
Email: [email protected]
Address: 500 Iowa Street, Redlands, CA 92373
Two corporate officer signatures required when Consultant 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.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D Jan 14, 2026 | 11:46 AM PST
Jan 15, 2026 | 7:30 AM PST
As-Needed Plumbing Services – Pro-Craft Construction, Inc.

A-1
EXHIBIT “A”

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

A. See Exhibit “A-1” (Scope of Services for As-Needed Plumbing Services), attached hereto.

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

III. In addition to the requirements of Section 5.2, during performance of the services, Consultant will keep the City updated of the status of performance by delivering status reports via email and telephonic communication to the Contract Officer and applicable City staff.

IV. All personnel utilized by Consultant to perform the services shall be subject to review and approval by the Contract Officer or his/her designee.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D EXHIBIT “A-1”

SCOPE OF SERVICES
FOR

AS-NEEDED PLUMBING SERVICES
As-Needed Plumbing Services – Pro-Craft Construction, Inc.

A-2

1. General Description
Consultant shall provide comprehensive plumbing services to the City on an as-needed basis. The Consultant shall provide labor, materials, equipment, tools, and supervision necessary for the service, repair, maintenance, replacement, installation, and/or upgrade of plumbing systems in all facilities owned and/or operated by the City on an as needed basis twenty-four (24) hours a day including weekends and holidays.

The plumbing systems include, but are not limited to; piping, hot water piping, domestic hot water piping, cold water piping, domestic water, natural gas piping, drain piping, fittings, domestic hot water heaters and generation equipment, pumps, drains, vents, clean outs, toilets, faucets, fixtures, sanitary systems and any other associated plumbing.

Consultant shall provide all necessary materials required to successfully complete each individual work order. Material specifications shall be approved by the Public Works Director or his/her designated representative before being incorporated into the work.

All materials supplied by the Consultant shall be new, undamaged, clean and in good condition. Replacement fixtures and equipment shall be the same make and model of existing unless substitution has been approved in writing by the Public Works Director or designated representative. Where several items of the same type are required, all shall be of the same manufacture.

2. Location of Work
All City facilities and public right-of-way, including interior and exterior locations as designated by the Contract Officer or other City staff.

3. Working Hours
a. Regular working hours are the City's normal business hours, 7;00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized by the City. b. Holiday hours are recognized City holidays only.
c. After hours are all hours excluding regular hours and recognized City holidays.

4. Response Time
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The Consultant shall provide the City with a twenty-four (24) hour emergency contact phone number and be capable of dispatching work crews to locations within the City perimeter 24 hours day/7 days a week including weekends and holidays.

Work orders will be issued per the following classifications:
a. Emergency Response - This work order will provide emergency services for the repair of essential plumbing systems. This classification will require the Consultant to respond by telephone within fifteen (15) minutes and complete an on-site inspection and prepare a written statement of estimated cost within two (2) hours after notification including weekends and holidays. Consultant shall be on-site with all necessary personnel, tools, materials and equipment within two (2) hours and complete work as soon as possible within a twentyfour hour period following notice to proceed from City including weekends and holidays. For the purpose of this procurement, a condition requiring Emergency Response is defined as any condition which is a threat to health, welfare or the safety of people and/or property or a condition that will affect an essential service(s) as determined by the Public Works Director or his authorized representative.
b. Standard Response - This work order will provide non-emergency services for the repair or rehabilitation of plumbing systems as requested by the City. The Consultant shall inspect the site within a timeframe as arranged by the City. An estimated cost proposal shall be prepared and submitted within five (5) business days of inspection and work shall be completed within fourteen (14) business days following a notice to proceed from the City, or as otherwise agreed upon between the Consultant and City.

Failure to meet the response requirements as specified above shall result in termination of the contract.

5. Consultant’s License
Consultant shall possess any and all contractor’s licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a C-36 Plumbing in accordance with the provisions of the Contractors State License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.

6. Consultant Requirements
a. Consultant’s employees shall be in a Consultant-supplied uniform at all times when working on City property. A Consultant-provided, clearly readable name identification device consisting of the employee’s name, photograph and the company name shall be worn at all times.

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b. All work performed by the Consultant shall be coordinated with the designated City representative.
c. The Consultant shall provide a competent and reliable superintendent who must be available twenty-four (24) hours a day, seven (7) days a week and have full authority to act on the behalf of the Consultant.
d. Certain duties may require the Consultant to perform work in facilities occupied by City staff and/or the general public. Special care must be taken to keep all work areas safe and clean. All tools and materials must be kept out of reach from all unqualified personnel and all waste materials and debris shall be cleaned regularly to maintain a safe work site.
e. The Consultant shall provide to City a copy of its safety procedures and comply with all safety procedures, and in accordance with all applicable laws. The procedures must be followed at all times for the protection of life and equipment.

7. Safety Requirements
a. All work performed under this Agreement shall be performed in such a manner as to provide maximum safety to the public and employees, and shall comply with all safety provisions and regulations, including CAL OSHA requirements. b. Consultant shall provide Personal Protective Equipment (PPE) to Consultant’s staff as necessary to safely perform the Services. PPE shall be properly used by all Consultant personnel at all times.

8. Waste Disposal
The Consultant shall select his/her own sites for disposal of waste and unsuitable materials collected under the conditions of this contract. In no case shall waste and unsuitable materials be disposed upon City property or any property contiguous thereto.

The Consultant is solely and alone responsible for any and all damages done or regulations violated in the disposal of waste material, and for any other actions that he/she performs. Consultant holds the City faultless and free from liability for any and all damages and costs incurred as a result of Consultant's actions. It shall be the responsibility of the Consultant to pay all fees and costs incurred in the disposal of waste material.

9. Quality Assurance
a. Inspections
The Consultant shall guarantee all repairs and installations to pass all inspections by the required by the City or applicable federal, state and local Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D 01240.0001/1016474.1 A-5
laws, ordinances, codes and regulations in force at the time the services are rendered.

Should any plumbing repair or installation made by the Consultant or their authorized subcontractor not pass an inspection, the Consultant shall make all repairs necessary to ensure the repair or installation passes re-inspection at no additional cost to the City.
b. Warranty
Consultant shall guarantee all work for a minimum period of one (1) year, plus any period specified by a manufacturer beyond a year. The guarantee, including all equipment and workmanship, shall be unconditional/without limitations, and shall become effective upon acceptance of work.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D 01240.0001/1016474.1 B-1
EXHIBIT “B”

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

I. None
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C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks described in Exhibit “A” on a time and materials basis at the hourly rates listed in Exhibit “C-1” attached hereto. The hourly rates shall be allinclusive of all related costs that the Consultant will incur to provide the services including, but not limited to, employee wages and benefits; Consultant’s tools, vehicles, and equipment; clerical support; overhead; profit; licensing; insurance; bonding; office supplies; telecommunications; and document copying. Time spent for transportation of workers, material acquisition, handling, and delivery, or for movement of Consultant owned or rental equipment shall not be chargeable directly, but overhead and the cost shall be included in the hourly rate. The Consultant shall provide written "NOT TO EXCEED" estimates for all such tasks. The estimate shall include the estimated number of labor hours, fixed hourly rate, estimated material and equipment cost and completion date.

It shall be the Consultant's responsibility to ensure they have all information to prepare accurate estimates. Consultant is responsible for all costs associated with integrating new equipment and replacement parts into existing systems and obtaining the required performance from the system into which these items are placed. The prices set forth in Exhibit “C-1” include all labor, supervision, materials, and equipment. Consultant must have prior verbal and/or written approval to work outside normal hours.

Copies of all supplier invoices for fixtures and materials incorporated into the work shall be submitted with each invoice submitted by Consultant to the City Work shall only be performed with the City's written authorization. Upon authorization actual work shall not exceed the Consultant’s estimate. Unreasonable estimates shall be deemed cause to terminate this Agreement.

Should any changes in the specifications be required, the Consultant shall submit to the City, in writing, a formal request for a change in the scope of work. Work shall not proceed until approved by the Contract Officer. In event of disagreement on the necessity of such changes, the City's decision shall be final.

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C-2
When requesting a price increase over and above the annual Contract Sum, the Consultant shall submit a justification in writing to the Contract Officer detailing the reasons for the price adjustment request and demonstrating the calculable change in CPI-U that supports a price adjustment to the annual Contract Sum. The request for an annual price adjustment shall be made no later than sixty days prior to the annual adjustment date of this Agreement during the Term or any Extended Term. The requested adjustment for a price increase may not exceed the percentage change of the CPI-U for the twelve-month period prior to the February preceding the adjustment. The City reserves the exclusive right to accept or reject any request for a price adjustment. Price adjustments may be effective only upon written approval by the City’s Contract Officer or the City Manager and may not be applied retroactively.

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

A. Line items for each item of work as shown on Exhibit “C-1” Consultants Billing Rates, including location, item description, quantity, unit, unit cost, and total cost for each line item.

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

C. Line items for all materials and equipment properly charged to the repair services.

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: 57B57D27-0AB3-48C7-935B-DD05F22BC55D As-Needed Plumbing Services – Pro-Craft Construction, Inc.

C-3
Exhibit C-1
Consultant’s Billing Rates
Section 1: Labor Rates
The fixed hourly rate shall be all-inclusive of all related costs that the Consultant will incur to provide plumbing services on an as needed basis, including, but not limited to, employee wages and benefits, tools, vehicles and equipment, clerical support, overhead, profit, licensing, insurance, bonding, office supplies, telecommunications, and document copying.

Item
No. Line Item Item Description Unit Unit Cost
1 Regular Working Hours Regular working hours are the City's normal business hours, 7;00 a.m. to 5:00 p.m., Monday thru Friday. HR $227.00 2 Holiday Hours Holiday hours are recognized City holidays only. HR $352.00 3 After Hours After hours are all hours excluding regular hours and recognized City holidays. HR $289.00
Section 2: Materials
Equipment, fixtures, and materials incorporated into the work will be paid at Consultant cost plus the percentage markup proposed herein. Copies of all supplier invoices for fixtures and materials incorporated into the work shall be submitted with each Consultant invoice submitted to the City.

Item
No. Line Item Item Description Markup
4 Materials Percentage Markup for equipment, fixtures and materials incorporated into the work. 15%
Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D As-Needed Plumbing Services – Pro-Craft Construction, Inc.

D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the terms and conditions set forth in Exhibit “A” attached hereto.

II. Consultant shall perform all services described in Exhibit “A” 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.

Docusign Envelope ID: 57B57D27-0AB3-48C7-935B-DD05F22BC55D

STAFF REPORT
TO: Mayor and Council Members DATE: January 27, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Adoption of the Initial Study/Mitigated Negative Declaration (IS/MND), Associated Project Plans, a Use and Maintenance Agreement with Los Angeles County Flood Control District, and an Amendment to the Contract Agreement with Craftwater Engineering, Inc. for the Finkbiner Park Stormwater Capture Project

RECOMMENDATION
That the City Council:

1. Adopt the Initial Study/Mitigated Negative Declaration (IS/MND) and the associated Mitigation Monitoring and Reporting Program (MMRP) for the Finkbiner Park Stormwater Capture Project pursuant to the California Environmental Quality Act (CEQA);

2. Approve the Finkbiner Park Stormwater Capture project plans;

3. Authorize the City Manager to execute a Use and Maintenance Agreement with the Los Angeles County Flood Control District (LACFCD) for project implementation on County property;

4. Approve an Amendment to the Contract Services Agreement with Craftwater Engineering, Inc., to extend the term of the agreement through December 31, 2026, to provide continued support through the regulatory permitting process; and

5. Authorize the City Manager to execute the Amendment to the Contract Services Agreement with Craftwater Engineering, Inc.

STRATEGIC FOCUS AREAS
Goal 4 - Sustainable Infrastructure
• Action 4.9 MS4 Permit Compliance

EXECUTIVE SUMMARY
The goals of the Los Angeles Region Safe, Clean, Water (SCW) Program include improving and protecting water quality, capturing rain and stormwater to increase safe drinking water and protect public health and wildlife by reducing pollution from entering local waterways. Projects and programs are funded by a special parcel tax that was implemented after the passage of Measure W in 2018. Starting in 2019, Los Angeles County cities were able to apply for regional SCW grant funding in an effort to design or construct stormwater projects and studies in their jurisdictions.

The Finkbiner Park Stormwater Capture Project is a multi-benefit stormwater improvement project designed to capture, treat, and infiltrate runoff to improve local and regional water quality in compliance with the City’s Municipal Separate Storm Sewer System (MS4) Permit requirements. The project will divert and treat stormwater from the existing storm drain system before returning treated flows to the Little Dalton Wash or infiltrating into the ground.

In April 2022, the City Council approved a Transfer Agreement with the Los Angeles County Flood Control District (LACFCD) and awarded a design contract to Craftwater Engineering, Inc. to prepare the project’s design plans and environmental documentation. The project design has since advanced through multiple review stages, and an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City's environmental consultant, Psomas, pursuant to the California Environmental Quality Act (CEQA). The IS/MND was circulated for public review in March 2024, and no comments were received.

City Council action is now requested to adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP), to approve the project construction plans and to amend the agreement with Craftwater Engineering, extending their services through December 31, 2026 at an additional cost of $13,769 in order for them to complete the regulatory permitting process.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Los Angeles County residents approved Measure W in November 2018. In January 2020, the City Manager approved a Contract Services Agreement with Craftwater Engineering, Inc. (Craftwater) to assist with the Safe, Clean Water Program (SCWP) grant application for the Finkbiner Park Stormwater Capture Project design. In April 2022, the City entered into a new Contract Services Agreement with Craftwater to provide design services for the project. This agreement was extended in May 2024 and April 2025 to lengthen the terms for continued project coordination.

In 2023, Finkbiner Park Stormwater Capture Project was awarded SCWP Regional funding totaling approximately $18.36 million for FY 2024/25 through FY 2026/27 for the construction phase of the project.

On January 16, 2025, the Community Services Commission received and filed a project update, including design progress and upcoming CEQA adoption steps.

DISCUSSION
In 2016, as part of the Upper San Gabriel River Enhanced Watershed Management Program (EWMP), member cities were tasked with identifying local project sites to support compliance with the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. Finkbiner Park was identified as Glendora’s optimal project location. A 30% design and feasibility study confirmed the site’s potential to meet regional water-quality objectives and formed the basis for subsequent design development and funding pursuits.

Finkbiner Park Stormwater Capture Project will construct a regional stormwater runoff capture facility within a 3.8- acre portion of the 11.45-acre park, providing multiple benefits including improved flood control, water quality, and water supply through infiltration to groundwater and reduced irrigation. The facility will divert stormwater runoff from two adjacent drainage features (Little Dalton Wash and Los Angeles County Flood Control District’s MTD 1129) into an underground capture, treatment, and infiltration facility located beneath the existing ball fields. The project experienced delays while Southern California Edison finalized its electrical work order. However, the approved plan has now been incorporated into the final design plans.

The Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for public review in March 2024, and no public comments were received. Project approval and adoption of the IS/MND are necessary at this point in the design process to ensure that regulatory permits can be obtained prior to advertising the project for construction bids. Following City Council adoption, a Notice of Determination (NOD) will be filed, which is required by state and federal regulatory agencies before permit applications can be accepted and reviewed.

Because the project involves improvements to an existing Los Angeles County flood control facility, multiple permits will be required under the Federal Clean Water Act and related state laws, including from the U.S. Army Corps of Engineers, the California Department of Fish and Wildlife, the Los Angeles Regional Water Quality Control Board, and the Los Angeles County Flood Control District (LACFCD). Filing the NOD will allow these agencies to initiate their permit reviews and coordinate permit conditions with the final design.

Obtaining the required permits before the award of a construction contract will ensure that all permit requirements such as construction timing, methods, and materials are incorporated into the bid documents and project budget.

The project is primarily funded through Los Angeles County’s Safe, Clean Water Program (Measure W), which provides approximately $18.36 million dollars in Regional Program allocations for construction. LA County and other potential funding agencies will require evidence of CEQA completion and approved regulatory permitting prior to the release of construction funds.

A Use and Maintenance Agreement between the City and LACFCD is required as part of the permitting process as the project connects to an existing County flood control facility. This Agreement is included four City Council's review and approval.

Once the IS/MND is adopted and the Notice of Determination (NOD) is filed, staff will proceed with obtaining regulatory permits and finalizing construction funding agreements. The permitting phase is expected to take approximately 12 to 14 months, after which the project will advance to bid and award in early 2027. Construction is anticipated to begin in late 2027, subject to permit approvals and funding availability through the Safe, Clean Water Program.

Therefore, staff recommends that the City Council adopt the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, approve the Finkbiner Park Stormwater Capture Project construction design plans, authorize the City Manager to execute the necessary Use and Maintenance Agreement with the LACFCD, and approve the amendment extending the contract agreement with Craftwater Engineering, Inc. through December 31, 2026.

Funding and Schedule
Funding is provided primarily through the Safe, Clean Water Program (Measure W, Regional Funding). The City received $2.58 million for design and has been allocated $18.36 million for construction. Projected construction SCWP allocations are as follows:

Fiscal Year Measure W Regional Allocation
2024/25 $6,112,082
2025/26 $6,112,082
2026/27 $6,112,082
The Transfer Agreement with the LA County Flood Control District for all construction funding is pending completion of CEQA documentation. Construction is anticipated to begin in late 2027. To address potential cost escalation and leverage additional funding opportunities, the City and Craftwater will seek additional grant opportunities, including those from Proposition 4 (Storm Water Grant Program) and Caltrans programs.

FISCAL IMPACT
The project is funded through Safe, Clean Water Program (SCWP) Regional Program allocations totaling approximately $18.36 million over FY 2024/25 through FY 2026/27. The funds are anticipated to be received by the City late Fiscal Year 2026-27 or early Fiscal Year 2027-28 closer to the start of construction. Permit application fees, audit fees, and other regulatory costs will be covered within the approved SCWP budget. City staff is working with Craftwater to explore additional grant opportunities for this project. Sufficient appropriations are available in the Measure W Fund (250) for the Craftwater contract amendment.

ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to evaluate the potential environmental effects of the Finkbiner Park Stormwater Capture Project. The Initial Study analyzed the environmental resource topics required under the CEQA Guidelines to assess potential effects of project construction and operation.

Based on the analysis in the Initial Study, the only potentially significant impacts were found to be in the areas of Biological Resources, Cultural Resources, and Tribal Cultural Resources, and all of the potentially significant impacts would be reduced to a less than significant level because mitigation measures will be incorporated into the Mitigation Monitoring and Reporting Program (MMRP). On the basis of the whole record, including the IS/MND, and supporting documentation, there is no substantial evidence that the project will have a significant effect on the environment after implementation of mitigation measures.

A Notice of Intent (NOI) to adopt an IS/MND was published for the project, establishing a public review period from March 14, 2024, to April 15, 2024. The NOI was posted at the Los Angeles County Clerk’s Office and distributed to responsible and interested agencies, organizations, and individuals. During the public review period, the IS/MND was available for review on the City’s website and at City Hall and the Glendora Public Library. No public or agency comments were received, and no revisions to the IS/MND were required.

Since the close of the public review period, minor design changes have been made, including replacement of artificial turf with natural turf and relocation of electrical components following final coordination with Southern California Edison (SCE). These changes do not alter the conclusions of the Initial Study or result in new environmental impacts.

Adoption of the Mitigated Negative Declaration and MMRP will satisfy the City’s CEQA obligations and allow the City to proceed with project approval and environmental permitting. Following City Council adoption, staff will file a Notice of Determination (NOD) with the Los Angeles County Clerk within five business days of approval. The NOD will initiate the 30-business day statute of limitations for CEQA legal challenges and is required before regulatory agencies such as the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and the Los Angeles Regional Water Quality Control Board can process permit applications for the project.

Prepared By: Stephanie Ryan, Management Analyst
Concurs With: Not Applicable
Reviewed By: Valerie Velasquez-Santoya, Assistant 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_Finkbiner_ISMND-030724.pdf
B_Finkbiner_MMRP-042624.pdf
C_Finkbiner_NOI.pdf
D_Finkbiner_90-20251106_Plans.pdf
E_Finkbiner_Park_-_Use_Maintenance_Agreement.pdf
F_Amendment_No_1_Craftwater_Engineering_Inc_Agreement.pdf G_Presentation_Finkbiner_Stormwater_Capture_Project_12726.pdf Initial Study/Mitigated Negative
Declaration
Finkbiner Park Multi-Benefit
Stormwater Capture Project
City of Glendora, California
Prepared for City of Glendora
116 East Foothill Boulevard
Glendora, California 91741

Prepared by Psomas
225 South Lake Avenue, Suite 1000
Pasadena, California 91101
T: (626) 351-2000
March 2024

TABLE OF CONTENTS
Section Page
Section 1.0 Introduction ...................................................................................................... 1-1

1.1 California Environmental Quality Act ...................................................... 1-1

1.2 Project Overview..................................................................................... 1-1

1.3 Public Review Process ........................................................................... 1-5 Section 2.0 Environmental Setting and Project Description ............................................ 2-1

2.1 Project Location ...................................................................................... 2-1

2.2 Project Background and Need ................................................................ 2-1

2.3 Project Site and Surrounding Area Setting ............................................. 2-2

2.4 Project Description.................................................................................. 2-3

2.5 Discretionary Approvals .......................................................................... 2-6 Section 3.0 Environmental Checklist Form ........................................................................ 3-1

3.1 Aesthetics ............................................................................................... 3-4

3.2 Agriculture and Forestry Resources ....................................................... 3-6

3.3 Air Quality ............................................................................................... 3-7

3.4 Biological Resources ............................................................................ 3-15

3.5 Cultural Resources ............................................................................... 3-20

3.6 Energy .................................................................................................. 3-27

3.7 Geology and Soils................................................................................. 3-30

3.8 Greenhouse Gas Emissions ................................................................. 3-34

3.9 Hazards and Hazardous Materials ....................................................... 3-38

3.10 Hydrology and Water Quality ................................................................ 3-41

3.11 Land Use and Planning ........................................................................ 3-44

3.12 Mineral Resources ................................................................................ 3-45

3.13 Noise .................................................................................................... 3-46

3.14 Population and Housing ........................................................................ 3-58

3.15 Public Services ..................................................................................... 3-59

3.16 Recreation ............................................................................................ 3-61

3.17 Transportation....................................................................................... 3-63

3.18 Tribal Cultural Resources ..................................................................... 3-65

3.19 Utilities and Service Systems ............................................................... 3-69

3.20 Wildfire .................................................................................................. 3-72

3.21 Mandatory Findings of Significance ...................................................... 3-73 Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx ii Table of Contents Section 4.0 Document Preparers and Contributors .......................................................... 4-1 Section 5.0 References ........................................................................................................ 5-1 TABLES
Table Page
1 Summary of Mitigation Measures ................................................................................... 1-3 2 Safe, Clean Water Program Metrics and Targets for the Project ................................... 2-2 3 California and National Ambient Air Quality Standards .................................................. 3-8 4 Attainment Status of Criteria Pollutants in the South Coast Air Basin............................ 3-9 5 SCAQMD Regional Emissions Significance Thresholds (lbs/day) ............................... 3-11 6 Estimated Maximum Daily Construction Emissions (lbs/day) ...................................... 3-12 7 Localized Construction Pollutant Emissions (lbs/day) .................................................. 3-13 8 Impacts on Jurisdictional Resources in the Survey Area ............................................. 3-16 9 Summary of Tree Impacts ............................................................................................ 3-18 10 Cultural Resources Studies Near the Project Site ....................................................... 3-22 11 Cultural Resources Near the Project Site .................................................................... 3-23 12 Estimated Energy Consumption During Project Construction ...................................... 3-29 13 Estimated Greenhouse Gas Emissions ....................................................................... 3-36 14 Consistentcy Analysis of Applicable General Plan Goals and Policies Related to GHG Emissions ............................................................................................................ 3-37 15 Noise Levels for Common Events ................................................................................ 3-46 16 Existing Noise Levels at the Project Site ...................................................................... 3-52 17 Summary of Construction Scenario ............................................................................. 3-53 18 Estimated Construction Noise Levels at the Nearest Noise-Sensitive Receptors........ 3-53 19 Vibration Damage threshold Criteria ............................................................................ 3-55 20 Vibration Annoyance Critera ........................................................................................ 3-55 21 Estimated Vibration Levels at the Nearest Vibration-Sensitive Receptors ................... 3-56 22 Mitigated Vibration Levels at the Nearest Vibration-Sensitive Receptors .................... 3-57

EXHIBITS
Exhibit Follows Page
1 Regional Location and Local Vicinity ............................................................................. 2-1 2 On-Site and Surrounding Land Uses ............................................................................. 2-3 3 Civil Engineering Site Plan ............................................................................................. 2-4 4 Site Improvements and Landscaping Plan ..................................................................... 2-4

APPENDICES
Appendix
A CalEEMod Data for Air Quality and Greenhouse Gas Emissions B Jurisdictional Delineation Report
C-1 Paleontological and Cultural Resources Data
C-2 Historic Report
D Energy Data
E Noise Data

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
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Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 1-1 Introduction SECTION 1.0 INTRODUCTION

1.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT
In accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), this Initial Study (IS) has been prepared as documentation for a Mitigated Negative Declaration (MND) for the proposed Finkbiner Park Multi-Benefit Stormwater Capture Project (Project).

Pursuant to Section 15367 of the State CEQA Guidelines, the City of Glendora (City) is the Lead Agency for the Project. The Lead Agency is the public agency that has the principal responsibility for carrying out a project and has the authority to approve the Project and its accompanying environmental documentation. This IS/MND includes a description of the Project; the location and setting of the Project site; an evaluation of the potential environmental impacts of Project implementation; and recommended mitigation measures to lessen or avoid impacts on the environment, where applicable.

This IS/MND is organized into the following five sections:

Section 1, Introduction: This section provides an introduction to this IS/MND and the CEQA process; provides a Project overview; summarizes the findings of the IS/MND; and describes the opportunities for public review and comment.

Section 2, Environmental Setting and Project Description: This section provides a description of the Project’s location and existing environmental setting; the Project’s components, construction scenario, and operational and maintenance needs; and required Project-related approvals.

Section 3, Environmental Checklist: The environmental checklist provides an analysis of potential adverse environmental impacts that may result from Project implementation and, if appropriate, identifies mitigation measures to eliminate potential significant effects or reduce them to a less than significant level.

Section 4, Document Preparers and Contributors: This section includes a list of those persons or agencies who participated in or contributed to preparing the IS/MND.

Section 5, References: This section identifies the references used to prepare the IS/MND.

1.2 PROJECT OVERVIEW
The City proposes to construct a regional stormwater runoff capture facility within Finkbiner Park to provide multiple benefits including improved flood control, water quality, and water supply (through infiltration to groundwater). The Project would also include in-kind replacement of existing facilities within the site that require demolition to implement the stormwater BMP with new recreation facilities and features; conversion of the alley along the northern site boundary into a green alley through installation of permeable pavement; and installation of a recirculating stream, native landscaping, and adjacent pedestrian/bicyclist path in the southeast portion of the site as a new passive recreation opportunity in the park. The restoration of demolished features provides the City an opportunity to rehabilitate these recreation facilities as part of the Safe, Clean Water Program (SCWP). More detailed information on the proposed Project is provided in Section 2.2 of this IS/MND.

1.2.1 SUMMARY OF FINDINGS
This IS/MND evaluates the potential environmental impacts of Project implementation. It includes significance determinations from the environmental analyses and sets forth mitigation measures (MMs) that will lessen or avoid potentially significant Project impacts on the environment.

The City will confirm that all MMs are included in the Contractor Specifications and bid documents, as appropriate, and verified as part of the Mitigation Monitoring and Reporting Program (MMRP).

The analysis in Section 3 of this IS/MND finds that implementation of the Project would have no impact or less than significant impacts for the following environmental topics:
 Aesthetics;
 Air Quality;
 Agriculture and Forestry Resources;
 Energy;
 Greenhouse Gas Emissions;
 Hazards and Hazardous Materials;
 Hydrology and Water Quality;
 Land Use and Planning;
 Mineral Resources;
 Population and Housing;
 Public Services;
 Transportation;
 Utilities and Service Systems; and
 Wildfire.

As described in Section 3 of this IS/MND, the Project would have significant impacts related to the following environmental topics unless the recommended MMs are implemented:
 Biological Resources;
 Cultural Resources;
 Geology and Soils;
 Noise and Vibration;
 Recreation; and
 Tribal Cultural Resources.

Table 1, Summary of Mitigation Measures, presents the recommended mitigation measures that would reduce or avoid environmental impacts if the Project were implemented. With implementation of these MMs, the Project would have less than significant impacts for each of these environmental topics. Therefore, no significant and unavoidable impacts would result due to Project implementation. According to the Section 15070 to 15075 of the State CEQA Guidelines, an IS/MND is the appropriate environmental document for the Project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant.

SUMMARY OF MITIGATION MEASURES
No. Mitigation Measure
Biological Resources
MM BIO-1 Prior to the initiation of construction activities, the City shall prepare and process a U.S. Army Corps of Engineers (USACE) Section 404 Permit; a Regional Water Quality Control Borad (RWQCB) Section 401 Water Quality Certification; a California Department of Fish and Wildfire (CDFW) Section 1602 Notification of Lake or Streambed Alteration agreement (LSA); and the appropriate jurisdictional determination form approved by the USACE. Additionally, a pre-application meeting shall be scheduled to discuss site conditions; the proposed Project; jurisdictional resources and impacts to these resources resulting from the proposed Project; proposed minimization measures and the mitigation program to offset these impacts; and the regulatory permit process.

MM BIO-2 The Project shall be conducted in compliance with the conditions set forth in the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code with methods approved by the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) to protect active bird/raptor nests. As the Project requires that work be initiated during the breeding season for nesting birds (i.e., March 1–September 15) and nesting raptors (i.e., January 1–July 31), the City of Pasadena shall perform, or direct the performance of, a pre-construction survey for nesting birds and/or raptors shall be conducted by a qualified Biologist within three days prior to any construction activities on the Project site and in the immediately surrounding area (i.e., perform survey within 300 ft for nesting birds and within 500 ft for nesting raptors). A qualified Biologist shall be knowledgeable and experienced in conducting nesting bird surveys within Southern California and in determining appropriate buffer size to prevent bird nesting failure. If the Biologist does not find any active nests in or immediately adjacent to the Project site, the construction work shall be allowed to proceed, and no further mitigation is required.

If the Biologist finds an active nest in or immediately adjacent to the Project site and determines that the nest may be impacted or breeding activities substantially disrupted due to planned construction activities, the Biologist shall delineate an appropriate buffer zone around the nest depending on the sensitivity of the species and the nature of the construction activity. Any nest found during survey efforts shall be mapped on the construction plans. The active nest shall be protected until nesting activity has ended. To protect any nest site, the following restrictions to construction activities shall be required until nests are no longer active, as determined by a qualified Biologist: (1) construction limits shall be established within a buffer around any occupied nest (the buffer shall be 25–100 ft for nesting birds and 300–500 ft for nesting raptors), unless otherwise determined by a qualified Biologist and (2) access and surveying shall be restricted within the buffer of any occupied nest, unless otherwise determined by a qualified Biologist. Encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants.

Construction in a buffer area can proceed when the qualified Biologist has determined that fledglings have left the nest or the nest has failed. These requirements shall be monitored by the City of Glendora.

Cultural Resources
MM CUL-1 Prior to the initiation of any earthmoving activity in which native soil is disturbed, the City shall be responsible for retaining a qualified Archaeologist to observe grading activities and to salvage and catalogue archaeological resources, as necessary. The Archaeologist shall be present at the pregrade conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the City or its designee, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of any discovered artifacts as appropriate.

If archaeological resources are found to be significant pursuant to Section 15064.5 of the State CEQA Guidelines, the Archaeologist shall determine appropriate actions, in cooperation with the City or its designee, for exploration and/or recovery. The Archaeologist shall also prepare a report of findings.

The report shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. The Archaeologist shall prepare excavated material to the point of identification and curation. The City or its designee shall pay curatorial fees associated with the cost of curation.

SUMMARY OF MITIGATION MEASURES
No. Mitigation Measure
Geology and Soils
MM GEO-1 In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact the City’s Community Development Director immediately.

The City shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with the City, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with the City, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or otherwise mitigated, work in that area may resume.

Noise and Vibration
MM NOI-1 Prior to the issuance of each grading permit, the developer or designee shall produce evidence acceptable to the City of Glendora Community Development Director demonstrating that the equipment to be used for excavation that would occur within 15 feet of the nearest residences shall not include vibratory rollers, jackhammers, large bulldozers, loaded trucks or similar heavy equipment that weigh in excess of 24,000 pounds. Use of a roller within 15 feet of the nearest residences is acceptable if the vibratory mechanism is turned off.

Tribal Cultural Resources
MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities A. The Project Applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the Project at all project locations (i.e., both onsite and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant grounddisturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project applicant/lead agency that all grounddisturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

MM TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

SUMMARY OF MITIGATION MEASURES
No. Mitigation Measure
MM TCR-3 Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

1.3 PUBLIC REVIEW PROCESS
Pursuant to Sections 15072 and 15073 of the State California Environmental Quality Act (CEQA) Guidelines, the 30-day public review period ran from Thursday, March 14 through Friday, April 12, 2024. A Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was prepared and distributed on March 12, 2024, to responsible and trustee agencies; and organizations and interested parties, including all parties who have requested such notice. The NOI was filed with the Los Angeles County Registrar-Recorder/County Clerk and the State Office of Planning and Research (OPR), State Clearinghouse and Planning Unit (State Clearinghouse). A summary of the NOI was published in the San Gabriel Valley Examiner on March 14, 2024, to announce the public review period. The IS/MND and associated technical reports are available online at www.cityofglendora.org/businesses/public-notices. Hard copies are available for public review during regular business hours at the following two locations:

Glendora City Hall
City Clerk Department
116 East Foothill Boulevard
Glendora, California 91741
Glendora Public Library
140 South Glendora Avenue
Glendora, California 91741
In reviewing the IS/MND, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and the mitigation measures proposed to reduce or eliminate potential impacts. Written comments on this IS/MND must be received or postmarked by 5:00 PM on April 12, 2024, and can be sent in writing or via email to the contact information provided below.

City of Glendora
116 East Foothill Boulevard
Glendora, California 91741-3380
ATTN: Maliha Fatima Ansari, PE
[email protected]
In accordance with Section 15074 of the State CEQA Guidelines, the City shall consider the proposed IS/MND together with any comments received during the public review period. The City will adopt the proposed IS/MND and approve the Project only if it finds that there is no substantial evidence that the Project will have a significant effect on the environment and that the IS/MND reflects the independent judgment of the City of Glendora, as the Lead Agency for the Project.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
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Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-1 Environmental Setting and Project Description SECTION 2.0 ENVIRONMENTAL SETTING AND PROJECT DESCRIPTION

2.1 PROJECT LOCATION
The Project is located within the southwestern portion of Finkbiner Park (Park), located at 160 North Wabash Avenue within the City of Glendora (City) and County of Los Angeles (County).

Within a regional context, the Project site is located approximately two miles north of Interstate 210 (I-210), three miles east of State Route (SR) 39, and 0.5 mile south of the San Gabriel Mountains.

Within a local context, the Project site is bound on the north by residential properties and an asphalt concrete paved alleyway, on the east by North Cullen Avenue, on the south and southeast by Little Dalton Wash, and on the west by North Wabash and North Minnesota Avenues, as shown on Exhibit 1, Regional Location and Local Vicinity. Little Dalton Wash runs along the southern edge of the Park and consists of an approximately 15-foot-wide by 10-foot-deep portland cement concrete (PCC) open box channel. Primary vehicular access to the Project site is via North Minnesota Avenue, at an existing ingress point located south of the site.

2.2 PROJECT BACKGROUND AND NEED
The Project is funded by the Los Angeles County SCWP, which aims to plan, build, and maintain multi-benefit watershed-based projects that improve water quality and increase water supply and/or enhance communities. The SCWP is developed in collaboration with public health, environmental groups, cities, businesses, labor, and community-based organizations.

The Project site has the potential to provide significant benefits for the City due to the sizable drainage area ‒ 1,596 acres, of which the City occupies 97.5 percent ‒ as well as location of the storm drains and available development space that can offer runoff storage, water quality improvements, and water supply benefits concurrently. The Project would also address the additional need for stormwater management identified to achieve compliance with Upper San Gabriel River Enhanced Watershed Management Program Plan goals (LARWQCB 2016); the City is an Upper San Gabriel River (USGR) Enhanced Watershed Management Program (EWMP) Group member.

The USGR EWMP Group is comprised of the County of Los Angeles (County), Los Angeles County Flood Control District (LACFCD), and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and West Covina. The USGR EWMP Group was formed in response to provisions of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit Order No. 2012-0175-A01 (MS4 Permit). The EWMP Group, through a cooperative and collaborative process, developed an EWMP Plan. The Final EWMP Plan, dated January 2016, was approved by the Los Angeles Regional Water Quality Board (LARWQB) on April 11, 2016. The EWMP Plan was identified as a suite of watershed control measures and Best Management Practices (BMPs), including regional priority projects. Potential sites for targeted control measures were identified in the EWMP and recommended by the USGR EWMP Group for further evaluation and potential implementation to meet compliance for the watershed. The Finkbiner Park location was one of the identified regional stormwater capture sites within the USGR EWMP (Glendora 2020).

G l e n d o r a
A z u s a
A z u s a
S a n D i m a s
C i t r u s
South
Hills Park
George
Manooshian
Park
Finkbiner
Park
Dawson
Park
Gladstone Park
Sandburg
School
Park Ole
Hammer
Park
Willow
Springs
Park
W Foothill Blvd E Foothill Blvd
S
G
el
n
d
o
ra
A
ve
W Baseline Rd
S Loraine Ave
E Sierra Madre Ave
E Gladstone St
W Sierra Madre Ave
N Grand Ave
W Bennett Ave
N
Va
lle
y
C
e
n
t
e
r
A
ve
N Barranca Ave
N Loraine Ave
W Gladstone St
E Palm Dr
Bonnie Cove Ave
N Live Oak Ave
Foothill
Presbyterian
Hospital
Huntington
East Valley
Hospital
Angeles
National
Forest
Citrus
College
Foothill
Christian
School
Hope Lutheran
Elem
School
La Fetra Elementary
School
Saint Dorothy
Elem School
Cullen
Elementary School
Whitcomb
High School
Williams
Elementary
School
Stanton
Elementary
School
Sellers
Elementary
School
Goddard
Middle
School
Sandburg
Middle
School
Saint Lucys
Priory High
School
Drendell
School
Arrow High
School
Washington
Elementary
School Willow
Elementary
School
Light and Life
Elementary
School
Glen Oaks
Golf Course
Oakdale
Memorial
Park
²
!
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San Gabriel
Reservoir
Project Location
Glendora
San Dimas
§¨105
§¨710 §¨110
§¨605
§¨210
ST19
ST90
ST142 ST72
ST110
ST60
ST57
ST710
ST241
ST91
Los Angeles
Orange
Anaheim
Pasadena
West Covina
Buena Park
Yorba Linda
Lakewood
Downey
Whittier
Regional Location and Local Vicinity Exhibit 1
2,000 1,000 0 2,000
Feet
Project Boundary
(Rev: 08/08/2023 JVR) R:\Projects\CRA\3CRA120100\Graphics\ISMND\ex_LV.pdf D:\Projects\3CRA\_BaseFiles\Finkbiner\PRO\Finkbiner_Project\Finkbiner_Project.aprx\ex_LV Finkbiner Park Multi-Benefit Stormwater Capture Project Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-2 Environmental Setting and Project Description The performance of the proposed BMP must meet the performance metrics established for the Project in the SCWP transfer agreement, summarized in Table 2, Safe, Clean Water Program Goals and Targets for the Project (Glendora 2022). The major mechanisms by which the Project would achieve the targets in Table 2 are through diversion, runoff/pollutant filtration, and recharge.

The Project would address the following stormwater runoff pollutants: zinc, copper, lead, nitrogen, phosphorus, and E. coli (fecal bacteria) (Glendora 2022).

TABLE 2

SAFE, CLEAN WATER PROGRAM METRICS AND TARGETS FOR THE PROJECT Metric/Benefit Summary Targets
Improve Water Quality
The stormwater capture and treatment facility would
provide water quality improvements to address water
quality requirements described in the Upper San Gabriel River Enhanced Watershed Management Program.

Runoff Treated
(average annual) 118.7 af
Zinc Reduction 80.5%
Water Supply The facility would capture and infiltrate urban runoff and stormwater runoff.

Water Capture
(average annual) 67.7 af
Multiple Benefit Projects/
Community Investment Benefit
This project is a multi-benefit project that improves
water quality, provides water supply, and integrates
native habitat.

Design Plans 1 each
Nature-Based Solutions
Landscape plans will include additional drought-tolerant trees, shrubs, and grasses to be installed at select spots impacted by the construction throughout the Project site.

Landscape Plans 1 each
Provide a spectrum of project
sizes to regional scale/
Community Investment Benefit
The Project would construct a regional stormwater
capture facility with the secondary benefit of improved park amenities, including sports fields that would use
artificial turf thereby reducing irrigation water demand.

Design Plans 1 each
af: acre-feet
Source: Glendora 2022.

2.3 PROJECT SITE AND SURROUNDING AREA SETTING

2.3.1 ON-SITE AND SURROUNDING LAND USES
The existing Finkbiner Park is an 11.45-acre, multi-purpose facility that provides multiple facilities for both active and passive recreation. The approximate 3.8-acre Project site includes a large grass and infield soil area used as four lighted baseball fields with adjacent dugouts and bleachers, a lighted basketball court, concrete walking paths, and landscaped areas. The Project site includes approximately 0.02 acre of public rights-of-way (ROW), primarily comprised of the adjacent paved alley parallel to the northern boundary of the site and a portion of North Minnesota Avenue where the street dead ends at the Park on the north side. The City of Glendora Community Plan 2025 (General Plan) land use designation for the Project site, not including the public ROW, is Open Space and the zoning is E-7 (Single-Family Estate).

The remainder of Finkbiner Park is located immediately east and northeast of the Project site.

Finkbiner Park is situated in a densely developed, urban area with primarily residential, both single- and multi-family, land uses located nearby. However, non-residential land uses are located to the south across Dalton Avenue, including the La Fetra Center, Glendora Transportation Center, and Glendora Ranger Station of the San Gabriel Mountains National Monument.

Glendora City Hall, Public Library, and Police Department are located further to the southwest of the site. Other dominant land uses include commercial uses and public facilities (e.g., churches, schools). The sensitive receptors near the Project site are detailed in Section 3.3, Air Quality, of Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-3 Environmental Setting and Project Description this IS/MND. Exhibit 2, On-Site and Surrounding Land Uses, shows the Project site, the remainder of Finkbiner Park, and the land use types and roadways in the surrounding area.

2.3.2 PHYSICAL SETTING
Topography and Geology
The topography of the existing park and Project site is relatively flat with a gentle slope toward the southwest. Elevations on-site range from approximately 805 feet above mean sea level (MSL) at the northeast corner of the Project site to approximately 795 feet above MSL at its southwest corner.

The City of Glendora is positioned at the base of the San Gabriel Mountains, located within the northeastern portion of the Los Angeles Basin of the Peninsular Ranges Geomorphic Province.

The Project site is located approximately 0.8 mile south of the foothills. The site is located within the Northeastern Block of the Los Angeles Basin, which is a deep basin characterized by thick sequences of alluvium and sedimentary units overlying basement rocks, which are at depths of up to approximately 12,000 feet below the surface in the central part of the San Gabriel Valley.

The Project site is generally underlain by middle Holocene-age, young alluvial fan deposits consisting of slightly to moderately consolidated, silt, sand, and gravel to boulders. The site has been mapped as underlain by young alluvial fan deposits consisting of loose to medium dense, gravel, sand, and silt. Materials encountered during the Project-specific Geotechnical Evaluation (Ninyo & Moore 2022) subsurface exploration generally consisted of undocumented fill underlain by alluvium.

Hydrology
The USGR Watershed is a largely built-out, urbanized watershed nearly 500 square miles or over 300,000 acres in size. Runoff from this watershed drains to over 50 linear miles of the San Gabriel River. One tributary to the Upper San Gabriel River is the Little Dalton Wash, which runs along the southern site boundary and would be the primary source of runoff diverted into the Project.

2.4 PROJECT DESCRIPTION
The proposed Project would construct a regional stormwater runoff capture facility, or BMP, within Finkbiner Park to provide multiple benefits including improved flood control, water quality, and water supply (through infiltration to groundwater). The stormwater facility would involve diverting runoff from two adjacent drainage features into an underground capture, treatment, and infiltration facility situated beneath the existing ballfields. The Project represents an opportunity to implement regional-scale pollutant load reductions from a sizeable drainage area in the USGR Watershed as well as increase infiltration to the underlying groundwater aquifer (Main San Gabriel Basin).

The Project would also include in-kind replacement of existing facilities within the site that require demolition to implement the stormwater BMP with new recreation facilities and features; conversion of the alley along the northern site boundary into a green alley through installation of permeable pavement; and installation of a recirculating stream, native landscaping, and adjacent path in the southeast portion of the site as a new passive recreation opportunity in the park. The restoration of demolished features provides the City an opportunity to rehabilitate these recreation facilities as part of the SCWP. The proposed Project components are discussed further below.

On-Site and Surrounding Uses
(Rev: 08/08/2023 JVR) R:\Projects\CRA\3CRA120100\Graphics\ISMND\ex_Project_Site.pdf E Foothill Blvd
E Dalton Ave
N Minnesota Av
e
N Wabash Ave
E Meda Ave
N Pasadena Ave
120 60 0 120 ² Feet
Aerial Source: Esri, Maxar 2022
Project Boundary
D:\Projects\3CRA\_BaseFiles\Finkbiner\PRO\Finkbiner_Project\Finkbiner_Project.aprx\ex_Project_Site Exhibit 2
Finkbiner Park Multi-Benefit Stormwater Capture Project N Minnesota Ave
Little Dalton Wash
Alley
Little Dalton Wash
Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-4 Environmental Setting and Project Description

2.4.1 PROJECT COMPONENTS
Stormwater Management
Diversion structures generally apply to off-line regional projects where stormwater is diverted from a major water conveyance and directed to a separate, engineered site at a predetermined maximum rate. The Project proposes to divert 20 cubic feet per second (cfs) from the adjacent Little Dalton Wash, an open concrete channel that runs along the southern site boundary; and divert 5 cfs from LACFCD’s MTD 1129, a 36-inch-diameter subsurface reinforced concrete pipe (RCP) running generally north-south beneath the eastern portion of the site.

A drop-inlet structure is proposed at the channel diversion point and an access manhole is proposed at the storm drain diversion point to capture stormwater during low-flow and storm events. The drop-inlet structures would direct runoff into new pipelines connecting to a pretreatment system and then to the subsurface infiltration gallery. A portion of the captured runoff would be returned, after pretreatment, to the inlet of the proposed recirculating stream to flow downstream (towards the southwest) to the stream outlet. The outlet would have a connection to the Little Dalton Wash diversion pipeline. Through this interconnected system, the stream feature would recirculate pretreated runoff. These components, except for the infiltration galley, would be situated along the south and southeastern portions of the Project site.

The 5.3-acre-foot infiltration gallery would be the largest component of the stormwater management system and would be located beneath the southwestern portion of the site. The infiltration gallery would have a subsurface area of approximately 38,333 square feet (0.88 acre) and a storage depth of 6 feet. The infiltration gallery would require two access manholes, to be situated along the western edge; and two air vents, one that would extend from the western edge of the gallery to the western edge of the ballfield and one that would extend from the southern edge of the gallery to the southern edge of the ballfield. Except for the manholes and stream inlet and outlet, all proposed engineering infrastructure would be located underground. The stream infrastructure would be minimally visible at the surface, as the goal is to provide a naturalized surface condition. Other underground components of the BMP include valves, meters, filters, relocated backflow preventor, pump station, electric connections, and a Supervisory Control and Data Acquisition (SCADA) system. Exhibit 3, Civil Engineering Site Plan, illustrates the plan for the proposed infrastructure and recirculating stream.

Recreation Facilities, Hardscape, and Landscape
Following installation of the stormwater infrastructure, the facilities that were demolished to facilitate installation of the BMP would be replaced in-kind with new facilities. The materials, finishes, and other details of the new recreation features were selected to reflect the current needs of the City and its residents based on anticipated park use, water conservation efforts, safety and security, and long-term operation and maintenance. Exhibit 4, Site Improvements and Landscaping Plan, illustrates the proposed recreation facilities, related amenities, surface and material finishes, green alley, and landscaping.

As shown on Exhibit 4, four ballfields meeting the specifications for Little League softball and a soccer field meeting the American Youth Soccer League (AYSL) specifications for under 12 (U12) use would be installed in essentially the same place as the existing facilities. However, the fields would be finished with an artificial turf sports surface to conserve approximately six acre-feet per year (afy) of potable water currently used for irrigation. New bleachers, dugouts, and storage boxes would be constructed around the ballfield perimeter. A full- and half-size basketball court would be constructed east of the ballfields, in a similar location to the existing condition. A new picnic area would be constructed south of the basketball courts, between the ballfields, basketball Map not to scale
Source: Craftwater 2023
(07/18/2023 PLO) R:\Projects\CRA\3CRA120100\Graphics\Ex3_Civil_Site_Plan.pdf D:\Projects\3CRA\120100\Graphics\Ex3_Civil_Site_Plan.ai

SD SD SD SD SD SD
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OE
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OE OE OE OE OE

G G G G G
G
G

G G G G G G
W
W

W W W W W
W
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W
W
3 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
3 ROW - 15' WIDE
3 ROW - 21' WIDE 3 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE

ROLLED CURB AND GUTTER
PER DETAIL 10 ON SHEET 18
N. MINNESOTA AVE.

N. WABASH AVE.

N. MINNESO
AVE.

E. DALTON AVE.

ALLEY

LITTLE DALTON WASH

5.3 ACRE-FOOT SUBSURFACE

INFILTRATION GALLERY

PERMEABLE PAVEMENT
SEE DETAIL 4 ON SHEET 14

SAW CUT AC PAVEMENT
12" OFFSET FROM GUTTER
REMOVE & REPLACE EX.

GUTTER
8" THICK

CAST-IN-PLACE

RETAINING WALL
8" THICK

CAST-IN-PLACE

RETAINING WALL
300 GPM PUMP STATION
EXISTING 36" RCP
LACFCD MTD 1129
DWG. NO. PF518448
20 CFS DIVERSION STRUCTURE DIVERSION - 1 LINE

ACTUATED VALVE
5 CFS DIVERSION

STRUCTURE

PRE-TREATMENT UNIT

ACTUATED VALVE
EXISTING 4" GAS LINE

EXISTING WATER LINE

MANHOLE

ACCESS HATCH
45' L X 25' W X 3' H BAFFLE

BOX WITH STOP LOGS

ACCESS MANHOLE

RECIRCULATION

STREAM INLET

RECIRCULATION

STREAM OUTLET
DIVERSION - 2 LINE
OUTLET - 2 LINE

PRESSURE PIPE TO

RECIRCULATION
STREAM

RECIRCULATION STREAM

CLASS I BIKE PATH
30' HIGH BACKSTOP
AND WINGS @

SOUTHWEST FIELD
20' HIGH BACKSTOP
AND WINGS (TYP.

OF 3 FIELDS)

HALF COURT

FULL SIZE BASKETBALL COURT
U12 SOCCER FIELD
200' RADIUS SOFTBALL
OUTFIELD (TYP.)

SAMPLING MANHOLE
OUTLET - 1 LINE

GRAVITY PIPE TO

LITTLE DALTON WASH

SPORTS FIELD
PERIMETER FENCE (TYP.)
COVERED 8' X 24'
DUGOUT (TYP.)
6' X 6' EQUIPMENT
LOCKER (TYP.)
12' VEHICLE ACCESS GATE
4' ACCESS GATE
(TYP. OF 4)
12' VEHICLE

ACCESS GATE

SYNTHETIC TURF

LIMIT OF WORK

PROPOSED LIGHT
POLE (TYP.)

CHECK VALVE VAULT
30' L X 3' H BAFFLE WALL

PROPOSED LIGHT
POLE (TYP.)

MANUAL VALVE

5.8 CFS
FILTER

SAMPLING

MANHOLE
12" TALL 6" THICK

CAST-IN-PLACE

CONCRETE WALL

EXTENDED CURB

CONCRETE RAMP

COLD-MILL AND
RESURFACE 2" OF

EXISTING AC PAVING
6" THICK CAST-IN-PLACE RETAINING WALL

CONCRETE PAVEMENT

CONNECT TO

EXISTING SIDEWALK

LANDSCAPE AREA

REFER TO LANDSCAPE PLANS
300 GPM FILTER

PROPOSED BACKFLOW

PREVENTER
RELOCATE EX.

BACKFLOW

PREVENTER

AIR VENT

AIR VENT
24"X24" DRAIN INLET PER
DETAIL 9 ON SHEET 18 AIR VENT

CONSTRUCT DETECTABLE

WARNING SURFACE (DWS) PER
LA CITY STD. PLAN S-442-6 (TYP.)
DWS (TYP.)
19' ± 0.5'

VEHICULAR CONCRETE APPROACH

VEHICULAR CONCRETE APPROACH
4' PEDESTRIAN

FENCING
4' PEDESTRIAN

FENCING
Feet
0 30 60

CIVIL SITE PLAN
NOTES:

REFER TO LANDSCAPE SITE PLANS FOR SU
MATERIALS, SITE AMENITIES, AND DETAILS.

City Engineer RCE 51197 Date
Approved By:

Date:

Checked By:

Drawn By:

GLENDORA

CITY OF

FINKBINER PARK STORMWATER CAP
REVISIONS 04/18/2023
No. DESCRIPTION Appr Date:

PLAN NO. ____
R
Know what's

WHERE FIELD CONDITIONS NECESSITATE, A DEVIATION FROM OR

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

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

ALLOWED WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER

NO FIELD CHANGES
CONTRACTOR NOTICE:

YW
90% PLANS NOT FOR CAS

CONSTRUCTION

RECIRCULATION

STREAM INLET

CLASS I

BIKE PATH
DIVERSON - 1 LINE

RECIRCULATION

STREAM OUTLET
20 CFS DIVERSION

STRUCTURE
5 CFS DIVERSION

STRUCTURE

PRE-TREATMENT UNIT
DIVERSON - 2 LINE

PERMEABLE PAVEMENT
SEE DETAIL 4 ON SHEET 14

5.3 ACRE-FOOT SUBSURFACE

INFILTRATION GALLERY
Finkbiner Park Multi-Benefit Stormwater Capture Project Civil Engineering Site Plan Exhibit 3
Map not to scale
Source: City of Glendora, Craftwater Engineering, Inc., & Sustainable Landesign 2023 (12/13/2023 PLO) R:\Projects\CRA\3CRA120100\Graphics\Ex4_Site_Improvements_Landscaping.pdf D:\Projects\3CRA\120100\Graphics\Ex_Site_Improvements_Landscaping.ai

N WABASH AVE

LITTLE DALTON WASH

E DALTON AVE
N MINNESOTA AVE N MINNESOTA AVE 5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE
5 ROW - 15' WIDE 5 ROW - 15' WIDE
3 ROW - 15' WIDE
3 ROW - 15' WIDE
3 ROW - 15' WIDE 3 ROW - 21' WIDE
UE
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Overall Landscape Improvements Plan

LITTLE LEAGUE

SOFTBALL FIELD
#1

LITTLE LEAGUE

SOFTBALL FIELD
#2

LITTLE LEAGUE

SOFTBALL FIELD
#3

LITTLE LEAGUE

SOFTBALL FIELD
#4
U12 YOUTH

SOCCER FIELD

BASKETBALL
COURT

LIGHT GRAY CONCRETE WITHBROOM FINISH

ARTIFICIAL TURF SPORTS

SURFACE

TAN CONCRETE

WITH ETCHED

CONCRETE
FINISH

COURT SURFACE WITH BLUE /GRAY COLORS

TAN CONCRETE WITH ETCHED

CONCRETE FINISH

TAN PERMEABLE
PAVERS

PICNIC AREA WITHDECOMPOSED GRANITE
3-ROW SOFTBALL

FIELD BLEACHERS

SOFTBALL FIELD DUGOUT

BOULDER
Recirculating Stream Section

RIPARIAN PLANTINGREFER TO PLAN

BACKSTOP

FENCING AND
GATE

WATER METER AND

BACKFLOW DEVICE
5-ROW SOFTBALL

FIELD BLEACHERS

FIELD HIGH VOLTAGE

LIGHTING

DRINKING

FOUNTAIN

FLAG POLE

ASPHALT CONCRETE

PEDESTRIAN / BIKE
PATH
5-ROW SOFTBALL

FIELD BLEACHERS

REMOVABLEBOLLARD
A
A
B
C
DA
B
E

PICNIC TABLE
F
G
G
E

F BENCH
D
H

TRASH AND

RECYCLINGRECEPTACLES
I
H
I
J
K
K
L
L
M N
M
N
N
5-ROW SOFTBALL

FIELD BLEACHERS
N
O
O

CLAY RED AND DARKGREEN SOFTBALL

FIELD TURF COLORS
P
P
Landscape Ammenities and Finishes

HALF BASKETBALL COURT

NATIVE LANDSCAPING

TAN CONCRETE WITH

ETCHED CONCRETE
FINISH
B

LIGHT GRAY CONCRETE WITHBROOM FINISH
A

ARTIFICIAL TURF D
J
B C
Finkbiner Park Multi-Benefit Stormwater Capture Project Site Improvements and Landscaping Plan Exhibit 4
Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-5 Environmental Setting and Project Description courts, and proposed stream and path. This asphalt-paved pedestrian/bicyclist path was designed to accommodate the City’s urban bike trail. The asphalt-paved alley located north of the ballfields/soccer field, between Wabash Avenue and Minnesota Avenue, would be resurfaced with permeable pavers. This would reduce runoff from this alley through facilitating more infiltration and would improve the visual condition of the alley. Additionally, the upper two inches of asphalt paving on the segment of Minnesota Avenue at the intersection of the alley and park would be removed and resurfaced. A concrete ramp would be installed in the southwest corner of this intersection to facilitate universal access.

High-voltage light-emitting diode (LED) field lighting would be installed to provide adequate lighting for evening play as well as for security; the proposed light fixtures would be shielded and downward directed to minimize light spill beyond the intended area. These lights would replace existing light standards and the total number would not exceed present conditions. The new, modern light fixtures are expected to generate less glare than the existing fixtures and would be more energy efficient. Other amenities proposed throughout the rehabilitated park area include water fountains, trash receptables, benches, seatwalls, a flagpole, safety bollards where Minnesota Avenue abuts the park, and perimeter chain-link fencing with pedestrian and vehicular gates to provide access.

There are 12 existing trees within the Project site. Of these, 6 would be protected in place during construction and 6 would be removed and replaced consistent with City requirements. As shown on Exhibit 4, new landscaping with native and/or drought tolerant plant species would be installed on the north and west sides of the new ballfields, between the bleachers and dugouts; along the proposed concrete path paralleling Little Dalton Wash on the south side of the site; and throughout the recirculating stream area.

2.4.2 PROJECT CONSTRUCTION
The Project would be constructed in one phase lasting approximately 15 months, beginning in Spring 2025. Project construction is expected to occur from Monday through Friday within an 8-hour period between the hours of 7:00 AM and 9:00 PM, consistent with Section 9.44.110 of the Glendora Municipal Code (GMC). There would be no construction activity on Saturday or Sunday, federal holidays that occur on weekdays, or at nighttime. Construction equipment would vary by phase and include, but not be limited to, dozer(s), grader(s), backhoe and skid steer loader(s), trencher, crane, and vibratory roller. Equipment and material staging would be within the Project site and parking for construction workers would be at the park or in the immediately surrounding ROW areas that provide public parking.

Clearing, vegetation removal, and other site preparation are estimated to result in approximately 300 cubic yards (cy) of mixed demolition debris and greenwaste, which would be exported over an approximate 10-week period. This would result in approximately one 14-cy one-way truck trip (or trip end) every other day. An estimated total of 31,560 cy of sediment would be excavated during the remaining construction phases over approximately 13.5 months. This would equate to approximately 3,125 one-way, truck trips if all sediment were to be exported for disposal.

Installation of the infiltration gallery is the primary source of earthmoving and would involve the most intense excavation and export activities. Based on conservative assumptions, it is estimated that excavation for the infiltration gallery would require approximately 3,125 one-way truck trips over an approximate 6.5-month period; this equates to approximately 48 one-way truck trips during this construction phase. These are conservative assumptions as some of the excavated sediment would be returned as backfill. The number of trips would be lower if larger (18 cy) trucks were used. There would likely be a combination of 14-cy and 18-cy trucks used; however, to provide a worst-case scenario in terms of construction traffic, this analysis assumes that only 14- cy trucks would be used to export excavated sediment and that all sediment and debris would be Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-6 Environmental Setting and Project Description exported. The demolition debris and excavated sediment would likely be disposed at Azusa Special Waste Services, located at 1211 West Gladstone Street in Azusa, approximately four miles to the west-southwest. Haul trucks would travel south on surface streets to the I-210, as the nearest freeway traveling west, and continue to the landfill.

2.4.3 PROJECT OPERATION
Public access to and use of the recreation facilities on the site with Project implementation would be the same as in the existing condition. Although there would be new and improved on-site facilities because Finkbiner Park is already intensively used by all segments of the community, the City does not expect a long-term increase in park visitation due to the Project.

Long-term maintenance of the proposed stormwater capture system is vital to its continued operation. The responsible party for operation and maintenance (O&M) of Project would be the City. It is anticipated that quarterly maintenance visits would be required, and it is expected that maintenance personnel would travel to and from the site in one or two vehicles such as pickup trucks. Long-term maintenance of the new recreation facilities would also be the responsibility of the City, as in the existing condition. As noted above, decisions on the type, location, and finishes of all aspects of the new facilities were made with consideration for feasible and cost-effective maintenance.

2.5 DISCRETIONARY APPROVALS
This IS/MND is intended to serve as the primary environmental document pursuant to CEQA for actions associated with the Finkbiner Park Multi-Benefit Stormwater Capture Project, including discretionary approvals required to implement the Project. In addition, this IS/MND is the primary reference document for the formulation and implementation of a mitigation monitoring and reporting program for the Project, in accordance with Section 15097 of the State CEQA Guidelines.

The City of Glendora, as the Lead Agency, may adopt the IS/MND if it finds, based on the whole Project record, that there is no substantial evidence that the Project would have a significant effect on the environment. Discretionary actions subject to City review and approval include, but are not limited to:
 Adoption of the IS/MND,
 Approval of the Finkbiner Park Multi-Benefit Stormwater Capture Project,  Award of contract for construction of the Finkbiner Park Multi-Benefit Stormwater Capture Project, and
 Other discretionary and ministerial permits and approvals that may be deemed necessary, including but not limited to, grading permit, foundation permit, and building permit.

The IS/MND also provides environmental information to responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City as part of Project implementation. These agencies include, but are not limited to, those listed below:
 California Department of Fish and Wildlife (Clean Water Act/Streambed Alteration Agreement);
 Los Angeles County Flood Control District (Measure W / Safe, Clean Water Program); Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-7 Environmental Setting and Project Description  Los Angeles County Flood Control District (Major Modification Permit, Discharge Permit, Use and Maintenance Agreement);
 Los Angeles County Department of Public Health (Cross Connection and Water Pollution Control Program);
 Los Angeles Regional Water Quality Control Board (Clean Water Act / Section 401 Water Quality Certification);
 State Water Resources Control Board (Construction General Permit); and  U.S. Army Corps of Engineers (Clean Water Act / Section 404 Permit).

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 2-8 Environmental Setting and Project Description This page intentionally left blank
Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-1 Environmental Checklist Form SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM
This section includes the completed CEQA environmental checklist form, as provided in Appendix G of the State CEQA Guidelines, as well as substantiation and clarification for each checklist response.

1. Project Title: Finkbiner Park Multi-Benefit Stormwater Capture

2. Lead Agency Name City of Glendora
and Address: 116 East Foothill Boulevard
Glendora, California 91741

3. Contact Person: Maliha Ansari, PE, Principal Civil Engineer and Phone Number: 626.914.8294
[email protected]

4. Project Location: The Project occupies approximately 3.8 acres, including 0.2 acre of adjacent public ROW, in the
southwestern portion of the approximate 10-acre
Finkbiner Park, located at 160 North Wabash
Avenue, City of Glendora, Los Angeles County.

5. Project Sponsor’s Name City of Glendora
and Address: 116 East Foothill Boulevard
Glendora, California 91741

6. General Plan Designation: Open Space

7. Zoning: Single-family Estate (E-7)

8. Description of Project: The Project would construct a regional stormwater runoff capture facility within Finkbiner Park to provide multiple benefits including improved flood control, water quality, and water supply (through infiltration to groundwater). The stormwater facility would involve diverting runoff from two adjacent drainage features into an underground capture, treatment, and infiltration facility situated beneath the existing ballfields. The Project would also include in-kind replacement of existing facilities within the site that require demolition to implement the stormwater BMP with new recreation facilities and features; conversion of the alley along the northern site boundary into a green alley through installation of permeable pavement; and installation of a recirculating stream, native landscaping, and adjacent path in the southeast portion of the site as a new passive recreation opportunity in the park. The proposed Project would be constructed in one phase lasting approximately 15 months, beginning in Spring 2025. Although the City of Los Angeles permits construction activity from 7:00 AM to 9:00 PM Monday through Sunday, the LACFCD would plan to construct the Project during a maximum 8-hour period within the hours of 7:00 AM and 5:00 PM (a 10-hour period) Monday through Friday.

9. Surrounding land uses and setting: The Project site is situated in the central portion of the City in a densely developed, urban area with residential, both single- and multi-family, land uses to the north, southwest, and west; the remainder of Finkbiner Park located to the northeast and east; and residential and public facilities to the southeast and south (e.g., San Gabriel River Ranger District offices, La Fetra Center, Glendora Transportation Center). Other dominant land uses in the vicinity include residential, public facilities, and commercial uses.

10.Other public agencies whose approval may be required:
 California Department of Fish and Wildlife
 Los Angeles County / Safe, Clean Water Program
 Los Angeles County Flood Control District
 Los Angeles County Department of Public Health
 Los Angeles Regional Water Quality Control Board
 State Water Resources Control Board
 U.S. Army Corps of Engineers

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resource Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Consultation pursuant to Section 21080.3.1 of the Public Resources Code and Assembly Bill (AB) 52 was initiated and has been completed with the California Native American tribe(s) affiliated with the Project area, and who has requested consultation. Refer to Section 2.18, Tribal Cultural Resources, of this IS/MND for a complete discussion of the Native American consultation process for the Project.

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact”, as indicated on the following pages.

Aesthetics Agriculture and Forestry Resources
Air Quality Biological Resources
Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions
Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources
Noise Population and Housing
Public Services Recreation
Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire
Mandatory Findings of Significance
DETERMINATION:

On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
___________________________________ __________________________________ Signature of Lead Agency Representative Date
Maliha Ansari_______________________ City of Glendora n Printed name Agency
March 11, 2024
Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-4 Environmental Checklist Form

3.1 AESTHETICS
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the
area?
a) Would the project have a substantial adverse effect on a scenic vista? No Impact. Scenic vistas generally refer to views of expansive open space areas or other natural features, such as mountains, undeveloped hillsides, large natural water bodies, or coastlines.

These views are accessible from public vantage points, such as public roadways and parks. The City’s General Plan does not show any officially designated scenic vistas in the City. However, the San Gabriel Mountains and foothills are important scenic resources in the City. The General Plan’s Open Space land use designation is intended, in part, to protect areas with high scenic value (Glendora 2008). The Project site is located approximately 0.8 mile south of the foothills.

The Project would improve the existing Finkbiner Park by replacing recreation facilities with new in-kind facilities that would improve visual quality on-site. The materials, finishes, and other details of the new recreation features were selected to reflect the current needs of the City. The Project would also provide an improvement upon existing conditions through conversion of the alley along the northern site boundary into a green alley through installation of permeable pavement and installation of a recirculating stream, native landscaping, and adjacent path in the southeast portion of the site as a new passive recreation opportunity in the park. Exhibit 4, Site Improvement and Landscaping Plan, further illustrates the proposed recreation facilities, related amenities, surface and material finishes, green alley, and landscaping. Additionally, the stormwater capture system would primarily exist underground, and would not alter the visual quality of the site.

The Project area is within a densely developed, urban area with primarily residential, both singleand multi-family, land uses located nearby. The site and surrounding areas are generally flat with a gentle slope toward the southwest. Distant mountain and foothill views are sometimes available to the north and northeast, dependent on presence and height of intervening structures. There are no ocean views, unusual terrain, or unique features that create or contribute to a scenic vista on or near the site. Neither short-term construction nor long-term operation of the Project would reduce or otherwise alter distant mountain and foothill views. Operation of the Project would cause Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-5 Environmental Checklist Form no changes in views from or through the Project site. There would be no impact related to a scenic vista, and no mitigation is required.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are portions of two designated State scenic highways in Los Angeles County:
1) the Angeles Crest Highway (State Route [SR] 2) is located north of Arroyo Seco Canyon and transects the extreme northernmost portion of the City and SR-2 and 2) a segment of SR-110 from approximately East California Boulevard to Pasadena’s southern City boundary is identified as a Historic Parkway (the Arroyo Seco Historic Parkway) (Caltrans 2023a). The nearest designated or eligible State scenic highway is the eligible segment of I-210 located near Azusa, approximately 3.5 miles to the east from the Project site (Caltrans 2023b). There are no designated State scenic highways within proximity of the Project site. Therefore, construction and operation of the proposed Project would not substantially damage scenic resources within a State scenic highway. There would be no impact, and no mitigation is required. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
No Impact. As noted above, the Project is in an urbanized area. The Project site is currently zoned for Single-family Estate (E-7), which according to Section 21.04.010 of the GMC is intended to protect and promote the unique single-family nature of the City by limiting the uses in such zones to residential and residentially compatible uses and by requiring standards for the use, maintenance, and development of properties zoned single-family residential. The Project would not require any change in existing land uses or require a zone change on the Project site.

Therefore, implementation of the Project would not conflict with zoning. In addition, the Project would improve on-site facilities for an existing, high-use community park and would not degrade any visual character or quality of the public view of the site, as views would remain largely the same. As such, there would be a less than significant impact, and no mitigation is required. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impact. Existing lighting sources include field lighting for the associated recreational facilities. Lighting improvements include high-voltage LED field lighting, which would be installed to provide adequate lighting for evening play as well as for security. The proposed light fixtures would be shielded and downward directed to minimize light spill beyond the intended area. These lights would replace existing fixtures on the site, and the total number would not exceed present conditions. The new, modern light fixtures are expected to generate less glare than the existing fixtures and would be more energy efficient.

Public access to and use of the recreation facilities on the site with Project implementation would be the same as in the existing condition. Although there would be new and improved on-site facilities because Finkbiner Park is already intensively used by all segments of the community, the City does not expect a long-term increase in park visitation due to the Project. Therefore, it would not change the number or timing of vehicles coming into and out of the existing park. As there would be no added vehicular traffic, there would be no additional sources of glare due to reflected sunlight from car windshields during the day and headlights in the evening. There would be a less than significant impact, and no mitigation is required.

3.2 AGRICULTURE AND FORESTRY RESOURCES
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220[g]), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104[g])?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. There are no parcels within the Project site that are currently utilized for agriculture or forestry purposes. According to the California Important Farmland Finder maintained by the California Department of Conservation (DOC), the Project site is mapped as Urban and Built-Up Land (DOC 2023a). Therefore, the Project would not result in the conversion of any lands identified by the DOC as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance Farmland.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The Project site and surrounding area do not support any agricultural uses. The Project site is currently zoned Single-family Estate (E-7) and is not under a Williamson Act contract (DOC 2023b). Agricultural uses are not listed as a permitted use or in the City’s E-7 zone.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-7 Environmental Checklist Form As such, the proposed Project would not conflict with existing zoning for agricultural uses or a Williamson Act contract, and no impact would occur.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code, Section 12220[g]), timberland (as defined by Public Resources Code, Section 4526), or timberland zoned Timberland Production (as defined by Government Code, Section 51104[g])?
No Impact. As stated above, the Project site is zoned Single-family Estate (E-7), and Project implementation does not require a zone change. Therefore, the proposed Project would not conflict with existing zoning, or cause the rezoning of forest land, timberland, or timberland production land, and no impact would occur.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact. There is no timberland, Timberland Production Zones, forest land or farmland located on the Project site. Furthermore, the Project site does not currently contain any forested areas and has only limited tree coverage. Therefore, the Project would not result in the loss or conversion of forest lands. There would be no impact to forest resources due to construction and operation of the Project, and no mitigation is required. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact. As stated above, the Project site and surrounding area do not support any agricultural uses, forest lands, or timberland production activities. The Project is zoned Single-family Estate (E-7), and the zoning would not change, nor would it allow agricultural uses. Therefore, no conversion of farmland or forest land or conflict with agricultural or forest zoning would occur with the Project. Because the Project is not growth-inducing, it would not indirectly result in conversion of agriculture or forest lands. There would be no impact to agriculture and forest resources due to construction and operation of the Project, and no mitigation is required.

3.3 AIR QUALITY
Regulatory Setting
The Project site is in the City of Glendora within the Los Angeles County portion of the South Coast Air Basin (SoCAB). For air quality regulation and permitting, it is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Both the U.S. Environmental Protection Agency (USEPA) and the State of California (State) have established health-based Ambient Air Quality Standards (AAQS) for air pollutants, which are known as “criteria pollutants”.

The AAQS are designed to protect the health and welfare of the populace within a reasonable margin of safety. The federal and State AAQS are shown in Table 3, California and National Ambient Air Quality Standards, on the following page.

CALIFORNIA AND NATIONAL AMBIENT AIR QUALITY STANDARDS
Pollutant Averaging Time
California
Standards
Federal Standards
Primarya Secondaryb
O3
1 Hour 0.09 ppm (180 µg/m3) – –
8 Hour 0.070 ppm (137 µg/m3) 0.070 ppm (137 µg/m3) Same as Primary PM10
24 Hour 50 µg/m3 150 µg/m3 Same as Primary
AAM 20 µg/m3 – Same as Primary
PM2.5 24 Hour – 35 µg/m3 Same as Primary
AAM 12 µg/m3 12.0 µg/m3 15.0 µg/m3
CO
1 Hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3) –
8 Hour 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3) –
8 Hour
(Lake Tahoe) 6 ppm (7 mg/m3) – –
NO2
AAM 0.030 ppm (57 µg/m3) 0.053 ppm (100 µg/m3) Same as Primary 1 Hour 0.18 ppm (339 µg/m3) 0.100 ppm (188 µg/m3) –
SO2
24 Hour 0.04 ppm (105 µg/m3) 0.14 ppm (for certain
areas)c –
3 Hour – – 0.5 ppm
(1,300 µg/m3)
1 Hour 0.25 ppm (655 µg/m3) 0.075 ppm (196 µg/m3) –
Lead
30-day Avg. 1.5 µg/m3 – –
Calendar Quarter – 1.5 µg/m3
Rolling Same as Primary
3-month Avg. – 0.15 µg/m3
Visibility
Reducing
Particles
8 hour
Extinction coefficient of

0.23 per km – visibility ≥
10 miles
(0.07 per km – ≥30 miles
for Lake Tahoe) No
Federal
Standards
Sulfates 24 Hour 25 µg/m3
Hydrogen
Sulfide 1 Hour 0.03 ppm (42 µg/m3)
Vinyl
Chloride 24 Hour 0.01 ppm (26 µg/m3)
O3: ozone; µg/m3: micrograms per cubic meter; PM10: large particulate matter; AAM: Annual Arithmetic Mean; PM2.5: fine particulate matter; CO: carbon monoxide; mg/m3
: milligrams per cubic meter; NO2: nitrogen dioxide; SO2: sulfur dioxide; ppm:
parts per million; km: kilometer; –: No Standard.
a
National Primary Standards: The levels of air quality necessary, within an adequate margin of safety, to protect the public health.
b National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.
c
On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved.

Note: More detailed information in the data presented in this table can be found at the CARB website (www.arb.ca.gov).

Source: CARB 2016.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-9 Environmental Checklist Form Regional air quality is defined by whether the area has attained State and federal air quality standards, as determined by air quality data from various monitoring stations. Areas that are considered in “nonattainment” are required to prepare plans and implement measures that will bring the region into “attainment”. When an area has been reclassified from nonattainment to attainment for a federal standard, the status is identified as “maintenance”, and there must be a plan and measures established that will keep the region in attainment for the next ten years.

For the California Air Resources Board (CARB), an “unclassified” designation indicates that the air quality data for the area are incomplete and there are no standards to support a designation of attainment or nonattainment. Table 4, Attainment Status of Criteria Pollutants in the SoCAB, summarizes the attainment status of the SoCAB for the criteria pollutants.

TABLE 4

ATTAINMENT STATUS OF CRITERIA POLLUTANTS IN

THE SOUTH COAST AIR BASIN
Pollutant State Federal
O3 (1-hour) Nonattainment Nonattainment
O3 (8-hour)
PM10 Nonattainment Attainment/Maintenance
PM2.5 Nonattainment Nonattainment
CO Attainment Attainment/Maintenance
NO2 Attainment Attainment/Maintenance
SO2 Attainment Attainment
Lead Attainment Attainment/Nonattainment*
All others Attainment/Unclassified No Standards
O3: ozone; PM10: respirable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; CO: carbon monoxide; NO2: nitrogen dioxide; SO2: sulfur dioxide. * Los Angeles County is classified nonattainment for lead; the remainder of the SoCAB is in attainment of the State and federal standards.

Sources: SCAQMD 2016, USEPA 2019.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-10 Environmental Checklist Form Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less than Significant Impact. The main purpose of an Air Quality Management Plan (AQMP) is to bring an area into compliance with the requirements of federal and State air quality standards.

For a project to be consistent with the AQMP, the pollutants emitted from the project should not (1) exceed the SCAQMD CEQA air quality significance thresholds or (2) conflict with or exceed the assumptions in the AQMP.

As shown in Threshold 3.3(b) below, pollutant emissions from the proposed Project would be less than the SCAQMD thresholds and would result in a less than significant impact. The Project would not change the open space zoning designation for the Finkbiner Park since it is developing stormwater capture infrastructure below the park uses. This water infrastructure would not result in additional air pollutant emissions beyond what is required during the construction phase and minimal energy requirements for the operations phase. In addition, the proposed Project would not directly result in population growth or development of new land uses that have not been anticipated in the AQMP. By incorporating water capture infrastructure, development of the proposed Project would also be consistent with the State of California’s AB32 Scoping Plan measures to increase water supplies. In addition, use of locally sourced water would decrease energy as well as air pollution and greenhouse gas (GHG) emissions related to transport of water from outside the watershed. Because the Project would support the development water capture infrastructure, the proposed Project would not conflict with the 2022 AQMP. Finally, the Project’s lack of regional or localized air quality impacts would also be consistent with the City of Glendora’s Air Quality Element Goal AQ-4: Protect the health of all residents, regardless of age, culture, ethnicity, gender, race, socioeconomic status, or geographic location, from the health effects of pollution with equitable environmental policymaking and enforcement. In addition, the development would support Goal AQ-6: Reduced demand for energy resources by developing local water capture systems which would reduce the need for more energy-intensive imported water. Therefore, there would be no impact related to conflict with the AQMD, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-11 Environmental Checklist Form b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact. The SoCAB is a federal or State nonattainment area for PM10, PM2.5, and ozone (O3), as discussed above. The SCAQMD’s approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and State Clean Air Acts.

Table 5, SCAQMD Regional Emissions Significance Thresholds (lbs/day), summarizes the SCAQMD’s mass emissions thresholds for both short-term construction and long-term operational emissions. A project with emissions below these thresholds is considered to have a less than significant effect on air quality.

TABLE 5

SCAQMD REGIONAL EMISSIONS

SIGNIFICANCE THRESHOLDS (LBS/DAY)
Criteria Pollutant Construction Operation
Volatile Organic Compounds (VOC) 75 55
Oxides of Nitrogen (NOx) 100 55
Carbon Monoxide (CO) 550 550
Oxides of Sulfur (SOx) 150 150
Particulate Matter (PM10) 150 150
Particulate Matter (PM2.5) 55 55
lbs/day: pounds per day
Source: SCAQMD 2023.

Regional Air Quality Emissions
The SCAQMD has established methods to quantify air emissions associated with construction activities such as air pollutant emissions generated by operation of on-site construction equipment; fugitive dust emissions related to trenching and earthwork activities; and mobile (tailpipe) emissions from construction worker vehicle and haul/delivery truck trips. Emissions would vary from day to day, depending on the level of activity; the specific type of construction activity occurring; and, for fugitive dust, prevailing weather conditions at the Project site.

A construction-period regional emissions inventory was compiled based on an estimate of construction equipment as well as scheduling and Project phasing assumptions. Specifically, the regional emissions analysis considers the following:
 Combustion emissions from operating on-site handheld power tools and mobile construction equipment;
 Fugitive dust emissions from demolition, site preparation and excavation phases; and  Mobile-source exhaust emissions and fugitive dust from worker commute and truck travel.

For purposes of providing an air quality analysis, the analysis assumes the proposed Project would be constructed over approximately 15 months beginning in Spring 2025. Construction activities would involve site mobilization, clearing and grubbing of grass and other vegetation, demolition and excavation as well as construction of water infrastructure, sports field, and the Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-12 Environmental Checklist Form recirculating stream and landscaping. Truck trips are needed for removal of approximately 300 cy of demolition debris and greenwaste over an approximate 10-week period; and approximately 31,560 cy of sediment would be excavated during the remaining construction phases over approximately 13.5 months. Emissions were calculated using the California Emissions Estimator Model (CalEEMod version 2022.1.1.20). CalEEMod is a computer program accepted by the SCAQMD to estimate anticipated emissions associated with land development projects in California. The CalEEMod modeling assumes dust control by watering, consistent with the requirements of SCAQMD Rule 403. For the purposes of estimating emissions in CalEEMod, the Project features were input as construction data. The CalEEMod output data may be found in Appendix A of this IS/MND.

The SCAQMD regional emissions thresholds (see Table 5) are based on the rate of emissions (i.e., pounds of pollutants emitted per day). Therefore, the quantity, duration, and the intensity of construction activities are important in assuring analysis of worst case (i.e., maximum daily emissions) scenarios. Table 6, Estimated Maximum Daily Construction Emissions (lbs/day), summarizes the worst-case daily regional emissions. As shown, all Project-related emissions would be below the regional significance thresholds.

TABLE 6

ESTIMATED MAXIMUM DAILY CONSTRUCTION EMISSIONS (LBS/DAY) Year VOC NOx CO SOx PM10 PM2.5
2025 1 15 13 <1 3 2
2026 1 14 13 <1 3 1
Maximum 1 15 13 <1 3 2
SCAQMD Daily
Construction Thresholds 75 100 550 150 150 55
Exceeds SCAQMD
Thresholds? No No No No No No
lbs/day: pounds per day; VOC: volatile organic compound(s); NOx: nitrogen oxides; CO: carbon monoxide; SOx:
sulfur oxides; PM10: inhalable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; SCAQMD: South Coast Air Quality Management District.

Note: The higher of Winter or Summer output data was used for this analysis.

Source (thresholds): SCAQMD 2023. CalEEMod output data is in Appendix A.

As shown, the regional emissions of PM10, PM2.5, and O3 precursors VOCs and NOx calculated for the Project (see Table 6) would be substantively less than the applicable SCAQMD regional emissions significance thresholds (see Table 5) that are designed to assist the region in attaining the applicable State and national AAQS (see Table 3). The SCAQMD does not consider any individual project with regional emissions that are below the SCAQMD significance thresholds to be cumulatively considerable and consequently would not result in a significant impact to cumulative regional emissions (SCAQMD 2003). The Project would result in nominal long-term operational emissions associated with energy demand to run the small recirculation pumps and quarterly maintenance truck trips.

As discussed in Threshold 3.3(a), the Project would be consistent with the 2022 AQMP, which is intended to bring the SoCAB into attainment for all criteria pollutants. There would be a less than significant impact from construction and operation of the Project related to regional emissions of criteria air pollutants, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-13 Environmental Checklist Form Localized Air Quality Emissions
Sensitive receptors include, but are not limited to, children, the elderly, persons with preexisting respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise.

The Project area is located within Finkbiner Park, which is adjacent to residential uses that would be considered sensitive receptors in this analysis.

The localized effects from daily construction emissions were evaluated at sensitive receptor locations according to the SCAQMD’s localized significance threshold (LST) method, which utilizes on-site mass emissions rate look up tables and Project-specific modeling, where appropriate. LSTs are applicable to the following criteria pollutants: nitrogen dioxide (NO2), carbon monoxide (CO), PM10, and PM2.5.1 LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or State ambient air quality standards and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. For PM10 and PM2.5, LSTs were derived based on requirements in SCAQMD Rule 403, Fugitive Dust (RR AQ-1). The mass rate look-up tables were developed for each source receptor area and can be used to determine whether a project may generate significant adverse localized air quality impacts. The SCAQMD provides LST mass rate look-up tables for projects that are less than or equal to five acres.

Consistent with the SCAQMD’s LST method guidelines, only emissions that occur on-site are considered and emissions related to off-site delivery/haul truck activity and employee trips are not considered in the evaluation of localized impacts. As shown in Table 7, the maximum daily emissions for Project construction is compared to the most conservative threshold (i.e., 25-meter distance on a 1-acre site). Other sensitive receptors located farther from the Project site would be exposed to even less air pollutant concentrations and would likewise result in less than significant localized air quality impacts. As shown in Table 7, Localized Construction Pollutant Emissions (lbs/day), all pollutants emitted would be less than the respective thresholds.

TABLE 7

LOCALIZED CONSTRUCTION POLLUTANT EMISSIONS
(LBS/DAY)
Maximum Project Emissions NOx CO PM10 PM2.5
Highest Localized Emissions 14 13 2 1
SCAQMD LST Thresholds1 89 623 5 3
Exceeds Thresholds? No No No No
lbs/day: pounds per day; NOx: nitrogen oxides; CO: carbon monoxide; PM10: respirable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; SCAQMD: South Coast Air Quality Management District; LST: Localized Significance Threshold. 1 Thresholds for Source Receptor Area 9, East San Gabriel Valley, for 25 meters.

Source (thresholds): SCAQMD 2009. CalEEMod output data is in Appendix A.

Toxic Air Contaminants Impacts
The greatest potential for toxic air contaminant (TAC) emissions during Project activities would be related to diesel particulate emissions associated with heavy equipment operations during construction. Project construction activities would be temporary (15 months for the entirety of the Project). The assessment of cancer risk is typically based on a 30-year exposure period. Because 1 NO2 impacts are addressed by evaluating nitrogen oxide (NOx) emissions.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-14 Environmental Checklist Form exposure to diesel exhaust would be relatively short in comparison to the full exposure period, the relatively small number of construction equipment used, and the dispersion conditions associated with a relatively large area for which construction activities would occur, Project construction activities would not result in an elevated cancer risk to exposed persons due to the brevity of air pollutant exposure at any one specific location. As such, Project-related toxic emission impacts during Project construction would be less than significant, and no mitigation is required. Also, as discussed previously, the Project would not exceed the SCAQMD air quality significance thresholds, which identifies whether significant levels of emissions would occur. c) Would the project expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. As described in Threshold 3.3(b), the Project would not result in any substantial TAC air pollution emissions and construction-related criteria pollutant emissions would be less than the LSTs. Therefore, the Project’s construction activities would not expose any nearby sensitive receptors to substantial pollutant concentrations. The Project would have a less than significant impact, and no mitigation is required.

A CO hotspot is an area of localized CO pollution that is caused by severe vehicle congestion on major roadways, typically near intersections. If a project increases average delay at signalized intersections operating at level of service (LOS) E or F or causes an intersection that operates at LOS D or better without the project to operate at LOS E or F with the project, there is a potential for a CO hotspot. The Project would not increase daily traffic in the Project area, as further discussed in Section 3.17, Transportation. Therefore, the Project would not increase congestion at major signalized intersections. There would be less than significant impacts related to the formation of Project-related CO hotspots.

The Project would have a less than significant impact related to exposure of sensitive receptors to substantial pollutant concentrations during construction and operation of the Project, and no mitigation is required.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. The Project would not result in other emissions that would affect a substantial number of people. The Project would not treat sewage, generate chemical emissions, or involve other processes that would result in other emissions, or produce objectionable odors, nor does the Project put a substantial number of persons in an area of objectionable odors. According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). Potential odors from Project activities would be limited to short-term diesel exhaust emissions, which would be comparable to odors emitted by typical landscaping or construction activities. There may be situations where construction odors would be noticeable by persons nearby, but these odors would not be of a magnitude to constitute a public nuisance because any odors would be temporary and would dissipate rapidly from the source with an increase in distance and would not be expected to be objectionable to a substantial number of people. Furthermore, the Project construction activities are also regulated from nuisance odors or other objectionable emissions by SCAQMD Rule 402, as described in RR AQ-1. Rule 402 prohibits the discharge from any source of air contaminants or other material, which would cause injury, detriment, nuisance, or annoyance to people or the public. Therefore, there would be less than significant impacts during construction and operation, and no mitigation is required.

3.4 BIOLOGICAL RESOURCES
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
This analysis is based on literature review, database searches, and field observations, including the Jurisdictional Delineation Report (JD Report) prepared by Psomas, dated April 6, 2023, and included as Appendix B.
a) Would the project have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No Impact. The Project site lacks potentially suitable habitat to support listed candidate, sensitive or special status plant or wildlife species for the area. There are no known unique, rare, or endangered plant or animal species or habitats on or near the site. There is no U.S. Fish and Wildlife Service (USFWS) Critical Habitat within a three-mile radius of the site. Site reconnaissance identified that the Project site is comprised of one vegetation community:

Disturbed. Disturbed areas are often barren, lack vegetation due to clearing or grading, and are often dominated by pioneer herbaceous species that readily colonize disturbed ground. The Project site and surrounding area is anticipated to be utilized primarily by wildlife species common to urban areas, such as western fence lizards (Sceloporus occidentalis), eastern fox squirrel (Sciurus niger), coyote (Canis latrans), house finch (Haemorhous mexicanus), California scrub Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-16 Environmental Checklist Form jay (Aphelocoma californica), and red-tailed hawk (Buteo jamaicensis). The City of Glendora 2021-2029 Housing Element Initial Study/Negative Declaration states the significant wildlife habitats do not typically occur within the urbanized portions of the City (Glendora 2021a).

Therefore, there would be no impacts related to adverse effects on special status plant or wildlife species, and no mitigation is required.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. As described above, no native or otherwise special status vegetation types occur on the Project site. No riparian habitats or sensitive natural communities identified by regional plans, policies, regulations, or agencies would be impacted by construction and operation of the Project.

There would be no impact, and no mitigation is required. c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant with Mitigation. As stated in the JD Report, the Little Dalton Wash is the only drainage feature that occurs within the site vicinity. Proposed Project activities involve the installation of a drop inlet that would be considered a permanent change to Little Dalton Wash.

Temporary impacts involve all other areas within the Project construction boundaries that overlap with the limits of jurisdictional waters. Temporary impacts consist of areas where construction equipment may operate or where temporary fills would be placed to divert flowing water around work areas. Table 8, Impacts of Jurisdictional Resources in the Survey Area, provides a summary of Project-related impacts.

TABLE 8

IMPACTS ON JURISDICTIONAL RESOURCES IN THE SURVEY AREA
Existing in
Survey Area
(acres)
Impacts (acres)
Jurisdictional Feature Permanent Temporary
USACE “waters of the U.S.” 0.433 0.005 0.030
RWQCB “waters of the State” 0.433 0.005 0.030
CDFW Jurisdictional Waters 0.433 0.005 0.030
USACE: U.S. Army Corps of Engineers; RWQCB: Regional Water Quality Control Board; CDFW: California Department of Fish and Wildlife
Source: Psomas 2023. Appendix B.

As shown in Table 8, the total area of Little Dalton Wash within the Project construction footprint is 0.035 acre, which consists of 0.005 acre of permanent impacts and 0.030 of temporary impacts.

The jurisdictional impacts for all three regulatory agencies are equal because Little Dalton Wash consists of a concrete channel with vertical sidewalls (Psomas 2023). Impacts to jurisdictional resources would be considered significant and would require mitigation. As such, the Project would implement MM BIO-1, which would require the City to obtain permits from the USACE, RWQCB, and CDFW prior to Project construction that would affect jurisdictional resources.

Through implementation of MM BIO-1, impacts to jurisdictional resources would be reduced to a less than significant level.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-17 Environmental Checklist Form d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant with Mitigation. The Project site is surrounded by urban development, and the area is not an established migratory wildlife corridor. The ability of the Project site specifically to support regional wildlife movement has been compromised by surrounding development. As a result, the Project site supports the movement of almost exclusively local wildlife, that also readily use surrounding areas. As such, the Project site has very little potential to support critical regional wildlife movement. Urban-adapted wildlife species could use the site, an existing park, for foraging or movement. Additionally, the long-term activity on the Project site would be the same as existing activity at Finkbiner Park. Wildlife species common to urban areas are not expected to be adversely affected by construction activity. These common urban wildlife species are accustomed to a high level of human activity and disturbances similar to construction and are able to relocate readily. Construction activities would create very minimal dust and noise within and adjacent to the work areas. During active construction, wildlife movement may be deterred by noise and human activity; however, most wildlife movement would occur at night while construction activities would occur during the day.

The Project site would remove and replace 6 of the 12 existing trees within the Project site, consistent with City requirements. The federal Migratory Bird Treaty Act of 1918 (MBTA) protects the nests of all native bird species, including common species such as mourning dove (Zenaida macroura), Anna’s hummingbird (Calypte anna), and house finch. Nesting birds and raptors have the potential to occur in natural and non-natural features within and adjacent to the Project site.

In addition to the MBTA, Sections 3503 and 3503.5 of the California Fish and Game Code protect nesting migratory birds and raptors. Impacts to nesting birds, both on and adjacent to the Project site, would be considered a significant impact prior to mitigation. Therefore, if Project construction is initiated during the typical breeding season for nesting birds (i.e., March 1–September 15) and nesting raptors (i.e., January 1–July 31), MM BIO-2 requires a pre-construction nesting bird/raptor survey to ensure compliance with the MBTA and describes the process for protecting any active nests identified while construction is ongoing. If construction activities are initiated during the nonbreeding season, implementation of MM BIO-2 would not be required, and there would be no potential impact to nesting birds and raptors. With implementation of MM BIO-2, potential impacts to nesting migratory birds and raptors during their breeding seasons due to Project construction would be reduced to a less than significant impact.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. The City’s Urban Forestry Manual (Glendora 2018) and Title 16 et. seq. “Trees” of the GMC outline provisions and guidelines for tree removal, replacement, installation, preservation, and maintenance within the City. Section 16.01.010 of Title 16 states that the “purpose of this title is to ensure and enhance public health, safety, and welfare through proper care, maintenance and preservation of trees on city-owned properties, parkways and public street right-of-way and easements”. The removal, replacement, and planting of parkway trees and those on City property falls under the authority of the City Forester.

There are 12 existing trees within the Project site. Of these, 7 would be protected in place during construction and 5 would be removed and replaced consistent with City requirements, as shown in Table 9, Summary of Tree Impacts.

SUMMARY OF TREE IMPACTS
Tree Species
Size
(dbh) Location Disposition
California sycamore (Platanus racemosa) 30 North side of field Protect in place California sycamore (Platanus racemosa) 20 North side of field Protect in place Shamel ash (Fraxinus uhdei) 30 South of Skate Park Protect in place Shamel ash (Fraxinus uhdei) 48 South of Skate Park Protect in place Pin Oak (Quercus palustris) 6 South of Skate Park Protect in place Pin Oak (Quercus palustris) 6 South of Skate Park Protect in place Pin Oak (Quercus palustris) 6 South of Skate Park Protect in place Brisbane Box (Lophostemon confertus) 13 South side of field Remove and replace Brisbane Box (Lophostemon confertus) 13 South side of field Remove and replace Brisbane Box (Lophostemon confertus) 13 South side of field Remove and replace Brisbane Box (Lophostemon confertus) 16 South side of field Remove and replace Oklahoma Redbud (Cercis canadensis 'Oklahoma') 5 South side of field Remove and replace dbh: diameter at breast height in inches
Replacement trees for this Project must not only meet the Urban Forestry Manual policy but be planted within Finkbiner Park as part of the Project. The trees removed must be replaced with suitable trees in locations determined by the City Forester before the Project is finalized.

New landscaping with native and/or drought tolerant plant species would also be installed on the north and west sides of the new ballfields, between the bleachers and dugouts; along the proposed concrete path paralleling Little Dalton Wash on the south side of the site; and throughout the recirculated stream area. All tree removals and installations would be conducted in accordance with City standards and applicable permit requirements. Therefore, impacts related to conflict with local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance, would be less than significant, and no mitigation would be required.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Project does not conflict with any Significant Ecological Areas, Wildflower Reserve Areas, or Sensitive Environmental Resource Areas, as none exists within the Project site. There are no adopted Habitat Conservation Plan or Natural Community Conservation Plan within the City. Therefore, the Project would not conflict with any regional or State plans protecting biological resources. There would be no impact, and no mitigation is required.

Mitigation Measures
MM BIO-1 Prior to the initiation of construction activities, the City shall prepare and process a U.S. Army Corps of Engineers (USACE) Section 404 Permit; a Regional Water Quality Control Borad (RWQCB) Section 401 Water Quality Certification; a California Department of Fish and Wildfire (CDFW) Section 1602 Notification of Lake or Streambed Alteration agreement (LSA); and the appropriate jurisdictional determination form approved by the USACE. Additionally, a pre-application meeting shall be scheduled to discuss site conditions; the proposed Project; Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-19 Environmental Checklist Form jurisdictional resources and impacts to these resources resulting from the proposed Project; proposed minimization measures and the mitigation program to offset these impacts; and the regulatory permit process.

Encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Construction in a buffer area can proceed when the qualified Biologist has determined that fledglings have left the nest or the nest has failed. These requirements shall be monitored by the City of Glendora.

3.5 CULTURAL RESOURCES
Regulatory Setting
California Environmental Quality Act and California Register of Historical Resources The California Environmental Quality Act (CEQA) requires a lead agency to determine whether a Project would have a significant effect on one or more historical resources. According to Section 15064.5(a) of the State CEQA Guidelines, a “historical resource” is defined as a resource listed in or determined to be eligible for listing in the California Register of Historical Resources (CRHR) (Public Resources Code [PRC] Section 21084.1); a resource included in a local register of historical resources (14 California Code of Regulations [CCR], Section 15064.5[a][2]); or any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (14 CCR Section 15064.5[a][3]).

Section 5024.1 of the PRC, Section 15064.5 of the State CEQA Guidelines, and Sections 21083.2 and 21084.1 of the CEQA Statutes were used as the basic guidelines for this cultural resource analysis. Section 5024.1 of the PRC requires the evaluation of historical resources to determine their eligibility for listing in the CRHR. The purposes of the CRHR are to maintain listings of the State’s historical resources and to indicate which properties are to be protected from substantial adverse change. The criteria for listing resources in the CRHR, which were expressly developed to be in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP) (per the criteria listed at 36 CFR Section 60.4) are stated below.

The quality of significance in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California is present in any object, building, structure, site, area, place, record, or manuscript that possesses integrity of location, design, setting, materials, workmanship, feeling and association and that:
a) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; or
b) Is associated with the lives of persons important in our past; or c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
d) Has yielded, or may be likely to yield, information important in prehistory or history.

California Health and Safety Code
Sections 7050.5, 7051 and 7054 of the California Health and Safety Code collectively address the illegality of interference with human burial remains (except as allowed under applicable sections of the California Public Resources Code). These sections also address the disposition of Native American burials in archaeological sites and protect such remains from disturbance, vandalism, or inadvertent destruction. Procedures to be implemented are established for (1) the discovery of Native American skeletal remains during construction of a Project; (2) the treatment of the remains prior to, during, and after evaluation; and (3) reburial.

Section 7050.5 of the California Health and Safety Code specifically provides for the disposition of accidentally discovered human remains. Section 7050.5 states that, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-21 Environmental Checklist Form to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains.

California Public Resources Code
Section 5097.98 of the California Public Resources Code states that if remains are determined by the Coroner to be of Native American origin, the Coroner must notify the Native American Heritage Commission (NAHC) within 24 hours. When the NAHC receives notification of a discovery of Native American human remains from a County Coroner, it shall immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods.

The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. This regulation also requires that, upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations and all reasonable options regarding the descendants' preferences for treatment. This section of the California Public Resources Code has been incorporated into Section 15064.5(e) of the State CEQA Guidelines.

Methods
The Project’s impacts were assessed by utilizing the data collected from a cultural resource literature and archival record search from the South Central Coastal Information Center (SCCIC) and a Sacred Lands File (SLF) search through the NAHC. The results of the study are presented below, and supporting documentation is provided in Appendix C-1 of this IS/MND (except for confidential information). Additionally, a Historic Built Environment Technical Report for the Finkbiner Park Stormwater Capture Project (Historic Report) was prepared by South Environmental, dated November 2023 (South Environmental 2023, Appendix C-2). The Historic Report evaluated Finkbiner Park and Little Dalton Wash.

Archaeological Resources Records and Archival Search
The SCCIC, located on the campus of California State University, Fullerton, houses records of the California Historical Resources Information System (CHRIS) for Los Angeles, Ventura, and San Bernardino Counties. The records search included a ½-mile search radius around the Project site and was conducted by Psomas on October 28, 2022. The purpose of the literature review and records search was to identify past cultural resource studies and archaeological sites and/or historic buildings and structures previously recorded within and around the Project site.

Sacred Lands File Search
An inquiry was made of the NAHC on November 2, 2022, to request a review of the SLF database regarding the possibility of Native American cultural resources and/or sacred places in the Project vicinity that are not documented on other databases. The NAHC completed its SLF search on November 29, 2022.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-22 Environmental Checklist Form Existing Conditions
Archaeological and Historical Studies
A total of eight cultural resource studies have been conducted either including or within ½-mile of the Project site. These are summarized in Table 10 Cultural Resource Studies Near the Project Site.

TABLE 10

CULTURAL RESOURCES STUDIES NEAR THE PROJECT SITE
Report No Year Author(s) Title Location
LA-06797 2002 Demcak, Carol and
Chris A. Demcak
Highway Project Located at 158 1/2 N. Glendora
Ave., Glendora Outside
LA-06798 2000 Abeyta, Daniel Glendora District Office Landscaping, Angeles National Forest, Los Angeles County Outside
LA-07316 2004 Shaver, Noelle C.S.

A Phase I Historical Resources Study for the
Proposed Arboreta Residential Development
Project in the City of Glendora, Los Angeles
County, California
Outside
LA-07323 2004
Bartoy, Kevin M.
and Killackey,
Kathryn
Cultural Resource Assessment Cingular
Wireless Facility No. Sc-419-02 City of
Glendora, Los Angeles County, California
Outside
LA-09235 2007 Bonner, Wayne H.

Cultural Resources Records Search and Site
Visit Results for Royal Street Communications,
LLC Candidate LA2304B (VZW Growth
Investment), 320 West Carrol Avenue.

Glendora, Los Angeles County, California
Within
LA-09699 1996 McNiel, Steve
Historical and Architectural Evaluation of the Mt.

Baldy District Ranger Office on the Angeles
National Forest, Glendora, California
Within
LA-10896 2004 Greenwood, David
Historic Properties Survey and Effects Report
for the Gold Line Phase II Project (Pasadena to
Montclair) Los Angeles and San Bernardino
Counties, CA
Within
LA-12525 2003 Poka, Ervin NHPA Section 106 Review; Metro Gold Line Phase II Extension Project Within
Source: SCCIC 2022. Appendix C-1.

Of these eight studies, four reports have studied a portion of the Project site. The first study, LA09235, was a cultural resources records search and site visit results for Royal Street Communications, LLC candidate LA2304B (VZW Growth Investment), located at 320 West Carroll Avenue in the City of Glendora. The second study, LA-09699, included a Historical and Archaeological Evaluation of the Mt. Baldy District Ranger Office within the Angeles National Forest. Lastly, LA-10896 included a Historic Properties Survey and Effects Report for the Gold Line Phase II Project (Pasadena to Montclair) and LA-12525 included NHPS Section 106 Review for the Metro Gold Line Phase II Extension Project, respectively. The archaeological and historic studies consist of historic resources studies, cultural resource assessments, historical and archaeological evaluations, and historic properties surveys.

Archaeological and Historical Resources
A total of 20 cultural resources were identified within ½-mile of the Project site. These are summarized in Table 11, Cultural Resources Near the Project Site. Of these 20 resources, all were identified as historic buildings. All of these buildings are located outside of the Project site; Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-23 Environmental Checklist Form however, one building, P-19-189776, the Mt. Baldy Ranger District Office is located immediately south of the Project site.

TABLE 11

CULTURAL RESOURCES NEAR THE PROJECT SITE
Primary
Resource Name/
Description Type Age Year (Author) Location
P-19-189124 The John & Anna
Billhamer House Building Historic 2003 (Carrie Chasteen, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189149 William & Rhoda Murphy
House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside P-19-189150
California Citrus Union
Packing Headquarters &
Glendora Co-Op Assn
Building Historic
2004 (David Greenwood, Myra Frank
& Assoc. / Jones & Stokes) Outside
P-19-189155 Betty Svenson House Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189156 John C Whitmer House Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189157 Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189158 Virginia Earl Ayers House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189159 Marvin & Barbara Moon
House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189160 Building Historic
2004 (Alma Carlisle / David
Greenwood, Myra Frank & Assoc. /
Jones & Stokes)
Outside
P-19-189162 John Abbott House Building Historic
2003 (Alma Carlisle / David
Greenwood, Myra Frank & Assoc. /
Jones & Stokes)
Outside
P-19-189163 Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189164 George Greitmann House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189165 Building Historic 2004 (Carrie Chasteen, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189166 Clyde M Pritchett House Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189167 August Friedrich House Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189168 Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189169 Fair & Anna Hall House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189170 Building Historic 2004 (David Greenwood, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189175 Charles & Josephine
Camp House Building Historic 2003 (Alma Carlisle, Myra Frank & Assoc. / Jones & Stokes) Outside
P-19-189776 Mt. Baldy Ranger District
Office Building Historic 1996 (Edward S. McNiel, UCDavis) Outside Source: SCCIC 2022. Appendix C-1.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-24 Environmental Checklist Form Sacred Lands File Search
The NAHC SLF identified the presence of Native American traditional sites/places in the immediate vicinity surrounding the Project site. However, no additional information regarding the resource(s) was on file. For information regarding the traditional sites/places located near the Project site, the NAHC recommends contacting the Gabrieleno Band of Mission Indians, Kizh Nation. The NAHC provided a list of contacts for tribes with ancestral ties to the Project site to assist with scoping and consultation. The City performed Native American consultation, as required by Assembly Bill (AB) 52. For additional information, please reference Section 3.18, Tribal Cultural Resources, of this IS/MND.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section
15064.5?
c) Disturb any human remains, including those interred
outside of formal cemeteries?
a) Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Less than Significant Impact. A significant impact could occur if the Project were to disturb historic resources that presently exist within the Project Site. Section 15064.5 of the CEQA Guidelines generally defines a historic resource as a resource that is (1) listed in or determined to be eligible for listing in the CRHR; (2) included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code); or (3) identified as significant in an historical resources survey (meeting the criteria in Section 5024.1(g) of the Public Resources Code). Additionally, any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be a historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the CRHR.

The CRHR automatically includes all properties listed in the NRHP and those formally determined to be eligible for listing in the NRHP.

As stated above, the cultural resources records search identified 20 historic buildings within a ½- mile radius of the Project site. The closest resource is P-19-189776 (Mt Baldy Ranger District Office), which is located at 110 North Wabash Avenue in Glendora immediately adjacent to the Project site. No other historic resources were identified within ½-mile of the Project Site.

Finkbiner Park was established in 1949 as Recreation Park, comprised of a group of parcels put aside for leisure and recreational activities. The park includes 12 buildings, structures, and landscape features, as well as various hardscapes features, lighting, and commemorative markers and signage that were evaluated as a single resource in consideration of NRHP, CRHR, and City of Glendora designation criteria. Finkbiner Park was found eligible for local designation Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-25 Environmental Checklist Form under City Criterion 1 as Glendora’s first park and an important feature of Glendora’s historical development and cultural heritage. Finkbiner Park retains its historic integrity and ability to convey important historical associations at the local level of significance. Finkbiner Park does not, however, appear to meet any NRHP or CRHR designation criteria. Therefore, while Finkbiner Park is not considered a historic property under Section 106 of the NHPA, it is considered a historical resource under CEQA (South Environmental 2023, Appendix C-2).

The Historic Report concluded the Project would not result in a significant impact to Finkbiner Park, as the Project would not cause any changes to the park's character-defining features, which are limited to its most basic elements, including its footprint and function as a City park. None of the elements of Finkbiner Park proposed for modification as part of the Project (i.e., features of the ballpark, basketball court, picnic areas, landscaping, and hardscaping) contribute to the historical significance of the park.

Little Dalton Wash appears eligible under NRHP Criterion A, CRHR Criterion 1, and City Criterion 1 as a contributor to the Los Angeles County Drainage Area (LACDA) project, which has a period of significance of 1936 to 1967, with important contributions to flood control in City of Glendora and the greater Los Angeles region. Therefore, Little Dalton Wash is considered an historic property under Section 106 of the NHPA and a historical resource under CEQA.

The Historic Report concluded the Project would not adversely impact any character-defining features of Little Dalton Wash that contribute to its significance under NRHP Criterion A, including its alignment and its connection to the larger LACDA. Nor would the Project significantly impact its basic material, which is limited to concrete. None of the new proposed project elements affecting the Wash (i.e., installation of the small cast-in-place concrete wall and outlet for the gravity pipe) will impact the important character-defining features of the Wash or the larger LACDA.

There would be a less than significant historic resources impact, and no mitigation is required. b) Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than Significant with Mitigation. The records search and literature review did not identify any previously recorded precontact or historic archaeological sites on the Project site or within a ½-mile radius of the Project site. However, the absence of known archaeological resources in the Project site does not preclude the possible presence of undiscovered intact archaeological resources that may lie below the ground surface, especially since the NAHC identified a sacred land and/or tribal cultural resource important to the local Native American community. The exposure of historic and archaeological resources during ground-disturbing activities is addressed by adherence to Section 21083.2(g) of the California Public Resources Code (MM CUL-1). With implementation of MM CUL-1, there would be less than significant impacts related to encounter of unanticipated archaeological resources during construction activities. Operation of the Project would not impact archaeological resources, because there would be no long-term excavation or other earthmoving activities.
c) Would the Project disturb any human remains, including those interred outside of formal cemeteries?
Less than Significant Impact. There are no known human remains on the site. The Project site is not part of a formal cemetery and is not known to have been used for burial of historic or prehistoric human remains. Thus, the Project is not expected to impact known human remains or cemeteries. As previously stated, the result of the SLF check conducted through the NAHC was Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-26 Environmental Checklist Form positive. If human remains are encountered during Project construction, those remains would require proper treatment, in accordance with applicable laws. Sections 7050.5 through 7055 of the California Health and Safety Code describe the general provisions for human remains.

Specifically, Section 7050.5 of the California Health and Safety Code describes the protocols to be followed if human remains are accidentally discovered during excavation of a site. In addition, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented. If human remains are found during excavation, construction activities must stop in the vicinity of the find and in any area that is reasonably suspected to overlie adjacent remains until the County Coroner has been notified; the remains have been investigated; and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, potential impacts would be less than significant, and no mitigation is required.

Mitigation Measures
MM CUL-1 Prior to the initiation of any earthmoving activity in which native soil is disturbed, the City shall be responsible for retaining a qualified Archaeologist to observe grading activities and to salvage and catalogue archaeological resources, as necessary. The Archaeologist shall be present at the pre-grade conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the City or its designee, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of any discovered artifacts as appropriate. If archaeological resources are found to be significant pursuant to Section 15064.5 of the State CEQA Guidelines, the Archaeologist shall determine appropriate actions, in cooperation with the City or its designee, for exploration and/or recovery. The Archaeologist shall also prepare a report of findings. The report shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. The Archaeologist shall prepare excavated material to the point of identification and curation. The City or its designee shall pay curatorial fees associated with the cost of curation.

3.6 ENERGY
Regulatory Setting
Glendora Community Plan 2025
The General Plan’s energy conservation and efficiency goals are contained in various elements (Glendora 2008). The relevant goals and policies related to the Project’s energy consumption and conservation are shown below:

Air Quality Element
Goal AQ-6 Reduced demand for energy resources.

Policies AQ-6.1 Promote energy conservation throughout the City.

AQ-6.3 Develop new incentives and promote existing incentives that encourage the use of energy conservation strategies by private and public developments.

AQ-6.6 Require all project applications to identify project energy demands, existing energy supplies, potential environmental impacts associated with energy use, and feasible energy efficiency measures, in accordance with Appendix F of the California Environmental Quality Act Guidelines.

Conservation Element
Goal CON-1 Protection and conservation of Glendora’s water resources.

Policies CON-1.1 Establish a comprehensive program for the utilization of recycled water for irrigation purposes.

CON-1.5 Establish methods to analyze water conservation issues when determining the need and development of future parks.

Goal CON-2 Utilization of water conservation technologies and practices.

Policies CON-2.1 Establish a comprehensive program for the utilization of recycled water for irrigation purposes.

CON-2.4 Establish and implement water conservation methods for all municipal facilities.

Goal CON-3 Effective and well-maintained water infrastructure system.

Policies CON-3.3 Ensure infrastructure for new development is limited to serving properties within the planning area or water service area.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-28 Environmental Checklist Form Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
b) Conflict with or obstruct a State or local plan for
renewable energy or energy efficiency?
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Less than Significant Impact. The following analysis evaluates the Project’s potential to increase the demand for energy through construction and operation of the Project.

Energy Consumption During Construction
Construction activities would require energy for activities such as the manufacturing and transportation of building materials, demolition and grading activities, construction, paving, and architectural coatings. Construction of the Project would require fuel electricity to power equipment but would not involve the consumption of natural gas. Construction-related equipment, including forklifts, would not be powered by natural gas, and no natural gas demand is anticipated during construction.

Transportation energy represents the largest energy use during construction and would occur from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction worker vehicles that would use petroleum fuels (e.g., diesel fuel and/or gasoline).

Therefore, the analysis of energy use during construction focuses on fuel consumption.

Construction trucks and vendor trucks hauling materials to and from the Project site would be anticipated to use diesel fuel, whereas construction workers traveling to and from the Project site would conservatively be anticipated to use gasoline-powered vehicles. Fuel consumption from transportation uses is not anticipated to be different than current conditions because the Project would not result in a long-term increase in park visitation and related vehicle trips.

Construction emissions were estimated for the Project using the CalEEMod model, as detailed in Section 3.3, Air Quality, of this IS/MND. Estimates of fuel consumption (diesel fuel and gasoline) from construction equipment, construction trucks, and construction worker vehicles were based on default construction equipment assumptions and trip estimates from CalEEMod and fuel efficiencies from the EMissions FACtor 2021 model (EMFAC2021). Fuel consumption estimates are presented in Table 12, Estimated Energy Consumption During Project Construction, on the following page. CalEEMod output sheets and detailed energy calculations are included in Appendix D of this IS/MND.

ESTIMATED ENERGY CONSUMPTION DURING PROJECT CONSTRUCTION Energy Type
Total Energy Consumption
(gallons)
Diesel 21,191
Gasoline 3,312
Source: CalEEMod, EMFAC2021; energy calculations in Appendix D.

As detailed in Table 12, above, the Project would consume approximately 3,312 gallons of diesel fuel and approximately 21,191 gallons of gasoline during construction. Construction of the Project would have a negligible effect on local and regional energy supplies. Furthermore, impacts related to energy use during construction would be temporary and relatively minimal in comparison to the State’s available energy resources. No unusual Project characteristics would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or the State. In addition, construction activities are not anticipated to result in an inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the Project.

Energy Consumption During Operation
The proposed Project would not involve substantial use of energy during the operations phase.

There would be periodic maintenance and inspection trips for the site, expected to be quarterly on average, as well as electricity needed to run the small recirculation pumps. The development of water capture systems would assist in recharging of the local groundwater aquifer and enlarging the amount of water that could be pumped for the City and the region. Extraction of local water supplies is less energy intensive than extraction and conveyance of water from outside the region.

The Project would not cause or result in the need for additional energy facilities or an additional or expanded delivery system. As such, energy consumption during construction and operation of the Project would not be inefficient, wasteful, or unnecessary. There would be a less than significant impact, and no mitigation is required.
b) Would the project conflict with or obstruct a State or local plan for renewable energy or energy efficiency?
No Impact. The Project is consistent with the energy conservation goals and policies of the City’s General Plan. As discussed previously, the City has adopted Goal Con-2: Utilization of water conservation technologies and practices which establishes conservation methods. The Project uses water conservation technologies and practices to take stormwater runoff from the adjacent Little Dalton Wash into a subsurface infiltration gallery, where it would replenish the underling groundwater basin. The Project would therefore reduce use of and reliance on more energyintensive imported water supplies. The Project includes a recirculating stream and nature walk parallel to Dalton Wash. The Project also replaces old recreation facilities with new ones (e.g., soccer/baseball fields, basketball courts, related lighting, landscape, and hardscape). Site improvements from the Project include landscaping that incorporates the latest energy efficiency standards and the resurfacing of an asphalt-paved alley with permeable paving, which also contributes to greater infiltration of stormwater runoff. Conservation of energy resources related to the Project can help reduce overall energy demands for the City. As such, the Project would not obstruct the City’s policies related to energy use. There would be no impact, and no mitigation is required.

3.7 GEOLOGY AND SOILS
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42?
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project,
and potentially result in onsite or offsite landslide,
lateral spreading, subsidence, liquefaction, or
collapse?
d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Information in this section is derived primarily from the Geotechnical Evaluation, Finkbiner Park Stormwater Capture Project, 160 North Wabash Avenue, Glendora, California (Geotechnical Evaluation) prepared for the Project by Ninyo & Moore and dated September 9, 2022 (Ninyo & Moore 2022).

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-31 Environmental Checklist Form a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
iv) Landslides?
No Impact. The Project site is not located within a State of California Earthquake Fault Zone (EFZ) (formerly known as an Alquist-Priolo Special Studies Zone), and the nearest mapped active fault to the site is the Sierra Madre fault located approximately 1.2 miles north of the site.

Therefore, the risk of surface rupture at the Project site is considered low. According to the Geotechnical Report, the Project site is not identified in an area as susceptible to landslides (Ninyo & Moore 2022). Therefore, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault or landslides. There would be no impacts, and no mitigation is required. a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. There are no active or potentially active faults traversing the Project site. However, the site is in a seismically active area, as is the majority of southern California, and the potential for strong ground motion in the area is considered significant during the design life of the Project. Based on the Geotechnical Report, the Project site is a Class D Site and the site-specific design considerations were developed in accordance with the site-specific response acceleration parameters for the Class D Site (Ninyo & Moore 2022). While the proposed facilities could potentially be subject to moderate or severe seismic ground shaking, they would be designed and constructed in conformance with applicable seismic safety requirements of the CBC. Modern engineering practices and compliance with the CBC, incorporated by reference into the GMC, for construction of all built structures and replacement of in-kind facilities (i.e., the recreation facilities and related amenities) would minimize adverse safety effects to the maximum extent feasible. Also, the Project would not involve construction of habitable structures or structures whose height, mass, or materials would pose a hazard in the event of an earthquake.

Liquefaction is the phenomenon in which loosely deposited granular soils located below the water table undergo rapid loss of shear strength when subjected to strong earthquake-induced ground shaking. Ground shaking of sufficient duration causes the soil to behave as a fluid for a brief period of time. Liquefaction is known generally to occur in saturated or near saturated cohesionless soils at depths shallower than 50 feet. Based on the Geotechnical Report, the Project site is not located in an area mapped as being susceptible to liquefaction. The likelihood of liquefaction and related seismic hazards including dynamic settlement is, therefore, considered to be relatively insignificant at this site (Ninyo & Moore 2022). In addition, earthquake-resistant design and materials used in new construction must meet the current seismic engineering standards. Additionally, Project plans would be reviewed and approved by the City prior to construction to ensure all Project improvements are geotechnically sound based on locations relative to any adjacent slopes and chosen construction methods. Therefore, impacts related to strong seismic ground shaking and liquefaction would be less than significant, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-32 Environmental Checklist Form b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The largest source of erosion and topsoil loss, particularly in a developed environment, is uncontrolled drainage during construction activities. The Project may temporarily expose soils on the Project site to wind and/or water erosion from minimal grading and other construction activities (e.g., erosion, spills, and leaks from construction equipment).

Because the Project site would disturb more than one acre of land–the construction footprint is approximately 3.8 acres–the Project would require compliance with State Water Resources Control Board’s (SWRCB’s) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities. This would require preparation of a project-specific Storm Water Pollution Prevention Plan (SWPPP), which describes practices to reduce pollutants in stormwater discharges from the construction site by implementing BMPs, such as sandbags and detention basins. As such, there would not be substantial pollutants introduced into storm water runoff, including sediment, during construction of the Project. The Project would also comply with the SCAQMD Rule 403 for fugitive dust control, which requires regular watering of active grading areas and unpaved roads, limiting vehicle speeds on unpaved surfaces, stabilizing stockpiled earth, and curtailing grading operations during high wind conditions (SCAQMD 2005). Construction and operation of the Project would not result in substantial soil erosion or loss of topsoil. There would be a less than significant impact, and no mitigation is required.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than Significant Impact. Liquefaction and landslides are addressed under Thresholds

3.7(a)(iii) and 3.7(a)(iv) above, and there would be no significant impacts associated with these conditions. As lateral spreading is a liquefaction-related phenomenon, there would be no significant impacts related to this condition. Subsidence occurs when a large portion of land is displaced vertically, usually due to the withdrawal of groundwater, oil, or natural gas. No largescale extraction of groundwater, gas, oil, or geothermal energy is occurring or planned at the site or in the general site vicinity.

As noted previously, the Project would not involve construction of any habitable structures or structures whose height, mass, or materials would pose a hazard in the event of an earthquake and result in secondary seismic hazards. Modern engineering practices and compliance with the CBC, incorporated by reference into the GMC, for construction of all built structures and replacement of in-kind facilities (i.e., the recreation facilities and related amenities) would minimize adverse safety effects associated with unstable geologic units or soils to the maximum extent practicable. Moreover, the Project would not exacerbate the risk or potential hazards of landslides, lateral spreading, subsidence, liquefaction, or collapse. As stated previously, the Project includes repair and stabilization of existing features, which would ultimately reduce the likelihood of adverse effects related to secondary seismic hazards. There would a less than significant impact, and no mitigation is required.
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
No Impact. Expansive soils are soils that swell when they absorb water and shrink as they dry due to the presence of clay. The Project site is generally underlain by approximately 2 to 5.5 feet of undocumented fill underlain by alluvium. The fill consists of loose to medium dense, silty sand and poorly graded sand with silt and variable amounts of gravel. The alluvium consists of Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-33 Environmental Checklist Form interbedded granular deposits of moist, loose to very dense, gravel with varying amounts of silt and sand, sand with varying amounts of silt and gravel, and silty sand with varying amounts of gravel. Cobbles and/or boulders are also present in the alluvium. (Ninyo & Moore 2022). As such, the Project would not be underlain by soils with potential to be expansive. There would no impact, and no mitigation is required.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No Impact. The Project does not include the construction of any septic systems or alternative wastewater disposal systems. The construction crew would be served by portable toilets that would be brought to the site during construction activities and removed at the end of construction activities. There would be no impact, and no mitigation is required. f) Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant with Mitigation. A paleontological records search was requested from the Natural History Museum of Los Angeles County, Vertebrate Paleontology Department and results were received on December 11, 2022. The results indicate that there are no fossil localities that lie directly within the Project site; however, there are fossil localities nearby from the same sedimentary deposits that occur in the Project area, either at the surface or at depth. Therefore, implementation of the Project would not impact known paleontological resources. However, surface sediments at and surrounding the Project site consist of the Puente Formation, Monterey Formation (Yorba Shale; sandstone and diatomaceous shale), Unknown (light brown shale with interbeds of very course brown sand; Pleistocene), Unknown (Pleistocene), and Unknown Formation (Pleistocene). Deep excavation that involves disturbance of native soils could result in the disturbance and/or destruction of paleontological resources that may be present in deeper Pleistocene alluvial deposits that underlie the Project site. With implementation of MM GEO-1, there would be less than significant impacts related to encounter of unanticipated paleontological resources during construction activities. Operation of the Project would not impact paleontological resources, because there would be no long-term changes to the regular inspection and maintenance operations that have occurred historically.

Mitigation Measures
MM GEO-1 In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact the City’s Community Development Director immediately. The City shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with the City, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with the City, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or otherwise mitigated, work in that area may resume.

3.8 GREENHOUSE GAS EMISSIONS
Regulatory Setting
Global climate change is currently an important environmental, economic, and political issue.

Increasing greenhouse gas (GHG) emissions has led to an anthropogenic2 warming trend of the earth’s average temperature, which is causing changes in the earth’s climate. Scientific research indicates with very high confidence (i.e., at least 90 percent) that the rate and magnitude of current global temperature changes are anthropogenic, and that global warming will lead to adverse climate change effects around the globe. GHG emissions are primarily associated with (1) the burning of fossil fuels during motorized transport, electricity generation, natural gas consumption, industrial activity, manufacturing, and other activities; (2) deforestation; (3) agricultural activity; and (4) solid waste decomposition.

On September 27, 2006, Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006, was enacted by the State of California. The legislature stated that “global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California”. AB 32 caps California’s GHG emissions at 1990 levels by 2020. This bill represents the first enforceable Statewide program in the United States to cap all GHG emissions from major industries and include penalties for noncompliance. While acknowledging that national and international actions will be necessary to fully address the issue of global warming, AB 32 lays out a program to inventory and reduce GHG emissions in California and from power generation facilities located outside the State that serve California residents and businesses.

At the direction of the State Legislature in Senate Bill (SB) 97, the California Natural Resources Agency recently adopted amendments to the CEQA Guidelines that require GHG emissions analysis in CEQA documents.3
Neither the County of Los Angeles or City of Glendora, nor any other entity with jurisdiction over the City, have adopted GHG emissions significance thresholds to assist lead agencies in determining whether impacts are significant with respect to GHG emissions. Beginning in April 2008, the SCAQMD convened a working group to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents. The Working Group met approximately once per month. On December 5, 2008, the SCAQMD Governing Board adopted its staff proposal for an interim CEQA GHG significance threshold for industrial projects where the SCAQMD is the lead agency (SCAQMD 2008). The interim screening threshold for industrial projects is 10,000 metric tons of carbon dioxide equivalent units per year (MTCO2e/yr). In September 2010, the Working Group presented a tiered approach to determining GHG significance. At Tier 1, a GHG emissions impact would be less than significant if the project qualifies under a categorical or statutory CEQA exemption. At Tier 2, a GHG emissions impact would be less than significant if the project is consistent with a previously adopted GHG reduction plan that meets specific requirements.4 Tier 3 for industrial projects proposes extending the 2 Anthropogenic effects, processes, objects, or materials are those that are derived from human activities, as opposed to those occurring in natural environments without human influence. 3 The CEQA Guidelines revisions were adopted December 30, 2009. The Adopted Amendments became effective March 18, 2010. 4 The plan must (1) quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; (2) establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable; (3) identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area; (4) specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; (5) establish a mechanism to monitor the plan’s progress toward achieving Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-35 Environmental Checklist Form 10,000 MTCO2e/yr screening threshold applicable to SCAQMD lead agency projects to other lead agency industrial projects. Tier 3 proposes the following screening values for residential and commercial projects: either a single 3,000 MTCO2e/yr threshold for all land use types or separate thresholds of 3,500 MTCO2e/yr for residential projects; 1,400 MTCO2e/yr for commercial projects; and 3,000 MTCO2e/yr for mixed-use projects. A project with emissions less than the applicable screening value would have less than significant GHG emissions.

No thresholds have been adopted that directly relate to this Project because it is not a typical land use development project (e.g., residential, commercial, industrial, transportation). To provide a conservative significance threshold, the 3,000 MTCO2e/yr threshold was selected for determining the significance of the Project’s GHG emissions.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact. The GHG emissions resulting from implementation of the Project were calculated using CalEEMod using the same model inputs as described for the calculation of criteria pollutants in Section 3.3, Air Quality, of this IS/MND. As with the analysis in Section 3.3, the worst-case annual GHG emissions were calculated using CalEEMod Version 2022.1.1.20 from vehicle engine exhaust from construction equipment, on-road hauling trucks, vendor trips, and worker commuting trips. The results are provided in metric tons of CO2 equivalent (MTCO2e), and the CalEEMod data is provided in Appendix A. Table 13, Estimated Greenhouse Gas Emissions from Construction, on the following page summarizes the results of the GHG emissions modeling for the Project’s construction activities.

the level and to require an amendment if the plan is not achieving specified levels; and (6) be adopted in a public process following environmental review (CEQA Guidelines Section 15183.5).

ESTIMATED GREENHOUSE GAS EMISSIONS

FROM CONSTRUCTION
Year
Annual GHG Emissions
(MTCO2e)
2025 330
2026 158
Total 488
Amortized Emissions 16
Threshold 3,000
Exceeds Threshold? No
GHG: greenhouse gas; MTCO2e: metric tons of carbon dioxide equivalent Source (threshold): SCAQMD 2008. CalEEMod output data are in Appendix A.

As shown in Table 13, estimated total GHG emissions for Project construction are 488 MTCO2e.

Because impacts from a project’s construction activities occur over a relatively short period of time, they contribute a relatively small portion of a project’s lifetime GHG emissions. In addition, GHG emission reduction measures for construction equipment are relatively limited. The SCAQMD recommends that construction emissions be amortized over a 30-year project lifetime so that GHG reduction measures address construction GHG emissions as part of operational GHG reduction strategies (SCAQMD 2008). The amortized emissions from the Project would be 16 MTCO2e. The amortized construction emissions would be less than the SCAQMD screening level of 3,000 MTCO2e/year. The Project would result in nominal operational GHG emissions associated with energy demand to run the small recirculation pumps and quarterly maintenance truck trips. Therefore, GHG emissions would be less than significant, and no mitigation is required. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. As discussed above, the principal State plan and policy adopted for the purpose of reducing GHG emissions is AB 32. However, AB 32-related plans and regulations are being implemented at the Statewide level, and compliance at the project level is not addressed.

The City’s General Plan has goals and policies that are relevant to the Project, as summarized in Table 14, Consistency Analysis of Applicable General Plan Goals and Policies Related to GHG Emissions. Water conservation relates to GHG emissions as water conveyance and treatment are energy-intensive, and therefore GHG emissions-generation, efforts.

CONSISTENTCY ANALYSIS OF APPLICABLE GENERAL PLAN GOALS

AND POLICIES RELATED TO GHG EMISSIONS
Applicable General Plan
Goals and Policies Project Consistency
Goal CON-1 Protection of conservation
of Glendora’s water resources.

Consistent. The Project involves the construction and operation of a stormwater BMP that would replenish the underlying groundwater basin with capture stormwater runoff. Additionally, the resurfacing of an asphalt-paved alley with a permeable surface would also contribute to increased runoff infiltration. This source of water would reduce the need to transport more energy-intensive imported water and thus reduce GHG emissions associated with water supplies for the City.

Policy CON-1.2 Reduce water demand
for irrigation purposes through the
utilization of water conserving
landscape materials.

Consistent. The Project would use artificial turf on the sports fields, reducing potable water demand for irrigation. Proposed landscaping would use a drought-tolerant plant palette to reduce landscape water consumption.

Policy CON-1.3 Establish specific
requirements for the use of water
conserving landscape materials in new
development and redevelopment
projects, parks and municipal facilities.

Goal CON-2 Utilization of water
conservation technologies and
practices.

Source: Glendora 2008.

As shown in Table 14, the Project is consistent with the applicable water conservation goals established within the Conservation Element of the General Plan. Therefore, the Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions. There would be a less than significant impact, and no mitigation is required.

3.9 HAZARDS AND HAZARDOUS MATERIALS
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter-mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a Project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury, or death involving wildland fires?
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. With Project implementation, the Project would continue operations as a community park, which does not use or store large quantities or unusually hazardous substances. Long-term maintenance activities may involve use of materials such as paints, cleaning agents, and materials used for landscape equipment operation such as fuels, oils, and solvents, in small volumes and for brief periods. There would be no change in the type, amount, or frequency of hazardous materials use at Finkbiner Park as a result of the Project. The anticipated quarterly maintenance activities may involve use of materials such as paints, cleaning agents, and solvents in small volumes and for a brief period. These materials would be handled in compliance with existing federal, State, and local regulations. As such, operation of the Project would not involve the routine transport, use, or disposal of hazardous materials that would create a significant hazard to the public or the environment. There would be a less than significant impact, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-39 Environmental Checklist Form b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant Impact. Construction of the Project would involve the use of common hazardous substances such as petroleum-based fuels and hydraulic fluid. However, the level of risk associated with the accidental release of hazardous substances during construction is considered low due to the small volume of hazardous materials that would be used during construction. Hazardous substances required for construction would be handled, transported, and/or disposed of in accordance with all federal, State, and local laws. Upon required compliance with these existing regulations, upset and accident conditions involving the use of such substances are not reasonably foreseeable.

As discussed above, operation of the Project site would be essentially the same as under existing conditions and park maintenance activities may involve use of materials such as paints, cleaning agents, and materials used for landscape equipment operation such as fuels, oils, and solvents.

The anticipated quarterly maintenance activities may involve use of materials such as paints, cleaning agents, and solvents in small volumes and for a brief period. The risk level for accidental release of hazardous substances would be low both due to the small volume of materials that would be used at any given time and because there would be no change in the type, amount, or frequency of hazardous materials use at Finkbiner Park as a result of the Project.

As such, construction and operation of the Project would not involve the release of hazardous materials into the environment that would create a significant hazard to the public or the environment. There would be a less than significant impact, and no mitigation is required. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter-mile of an existing or proposed school?
Less than Significant Impact. Glendora Music and Arts School at 123 North Glendora Avenue is located within ¼-mile of the Project site (approximately 0.2 miles southwest of the site). As discussed above, Project construction and operation would require the limited transport and use of hazardous materials. However, these activities would be conducted in compliance with existing federal, State, and local regulations, and the types and volumes of materials would not represent a significant risk to the public or the environment.

As discussed in Section 3.3, Air Quality, local and regional emissions of criteria air pollutants would be below all SCAQMD thresholds, and TAC emissions‒namely diesel particulate matter from on-site construction equipment and the haul trucks‒would not result in health risks to any sensitive receptors near the Project site. As such, construction of the Project would not involve emissions in quantities that could be considered hazardous in the vicinity of any school.

Additionally, operation of the Project would not impact nearby schools due to hazardous emissions, because there would be no long-term changes to the regular inspection and maintenance operations that have occurred historically. There would be a less than significant impact, and no mitigation is required.

There would be no impact related to air traffic due to construction or operation of the Project, and no mitigation is required.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project site is not located within a State Responsibility Area (SRA) Fire Hazard Severity Zone (FHSZ) designated area or Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (CAL FIRE 2023). The closest fire hazard zones are location approximately 0.8 miles north of the site in the foothills.

According to the General Plan Safety Element, the City maintains an Emergency Operations Center at the Glendora Police Department at 150 South Glendora Avenue and an alternate Emergency Operations Center is located at the Youth Center (159 North Cullen Avenue) to coordinate City services during an emergency and has designated evacuation routes (Glendora 2008). The Project site is located approximately one mile north of Foothill Boulevard and ¾-mile east of Grand Avenue, the City’s two designated evacuation routes.

In addition, the City of Glendora’s Multi-Hazard Functional Plan (MHFP) provides the policies and procedures addressing emergency response to disasters. The MHFP addresses the City’s planned response to emergencies associated with natural disasters and technological incidents.

It provides an overview of operational concepts, identifies components of the City’s emergency management organization within the SEMS and describes the overall responsibilities of federal, State and County entities and the City for protecting life and property and assuring the overall wellbeing of the population (Glendora 2008).

In the event of a major disaster or emergency, the City’s MHFP would improve the efficiency of the City’s disaster response. The proposed Project would not include the construction of any buildings or infrastructure that would preclude the City’s ability to implement an adopted emergency response plan or emergency evacuation plan. No short-term construction-related street closures are anticipated and there would be no impairment of evacuation roadways, as all equipment and material staging would be within the Project site and parking for construction workers would be at the park or in the immediately surrounding areas. As such, the Project would Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-41 Environmental Checklist Form not substantially impair an adopted emergency response plan or emergency evacuation plan.

There would be less than significant impacts, and no mitigation is required. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? No Impact. As stated above, the Project site is surrounded by urban land uses and is not designated as within a fire hazard severity zone (CAL FIRE 2023). There would be no impact related to wildland fire due to construction or operation of the Project, and no mitigation is required.

3.10 HYDROLOGY AND WATER QUALITY
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or groundwater quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:

i) Result in substantial erosion or siltation on- or offsite? ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site?
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of pollutant runoff?
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Information in this section is derived primarily from the Finkbiner Park Stormwater Capture Study Technical Memorandum (Stormwater Memo) prepared for the Project by Craftwater Engineering, Inc. and dated July 21, 2023 (Craftwater 2023).

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-42 Environmental Checklist Form a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less than Significant Impact. The Project site is located within the jurisdiction of the Los Angeles Regional Water Quality Control Board (LARWQCB). The Project could result in shortterm, construction-related impacts to surface water quality from minimal grading and other construction activities (e.g., erosion, spills, and leaks from construction equipment). Because the Project site would disturb more than one acre of land–the construction footprint is approximately

3.8 acres– the Project would require compliance with SWRCB’s NPDES General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities. This would require preparation of a Project-specific SWPPP, which describes practices to reduce pollutants in stormwater discharges from the construction site by implementing BMPs, such as sandbags and detention basins. The Project would also comply with the SCAQMD Rule 403 for fugitive dust control, which measures include regular watering of active grading areas and unpaved roads, limiting vehicle speeds on unpaved surfaces, stabilizing stockpiled earth, and curtailing grading operations during high wind conditions (SCAQMD 2005). As such, there would not be substantial pollutants introduced into storm water runoff, including sediment, during construction of the Project.

Operation of the Project would not violate any water quality standards, as the Project itself includes construction of a regional stormwater BMP that includes treatment components. The Project would provide multiple benefits including improved flood control, water quality, and water supply (through infiltration to groundwater). The Project represents an opportunity to implement regional-scale pollutant load reductions from a sizeable drainage area in the USGR Watershed as well as increase infiltration to the underlying groundwater aquifer (Main San Gabriel Basin). In addition, the Project would include in-kind replacement of existing recreational facilities, which would operate the same as the existing conditions and, as such, would not violate any water quality standards. As such, construction and operation of the Project would not have the potential to degrade surface or water quality. There would be less than significant impacts, and no mitigation is required.
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact. The City of Glendora is underlain by the Upper San Gabriel Canyon Groundwater Basin (or Main San Gabriel Basin), and the City then pumps groundwater from the Basin to eight active wells (Glendora 2021b). Implementation of the Project includes installation of a 5.3-acre-foot infiltration gallery, to be located beneath the southwestern portion of the site, in which stormwater would be captured, pre-treated, and infiltrated. The overall purpose of the Project is to increase infiltration to the underlying groundwater aquifer, and as such implementation of the Project would be beneficial to groundwater supplies and support sustainable groundwater management of the Basin. Impacts would be less than significant, and no mitigation is required.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would:
i) Result in substantial erosion or siltation on- or off-site?

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-43 Environmental Checklist Form Less than Significant Impact. Project implementation would alter the existing drainage pattern at the site through installation of the stormwater BMP that would intercept a portion of stormwater from the Little Dalton Wash (20 cfs) and an adjacent storm drain LCAFCD RTP 1129 (5 cfs). A drop-inlet structure would direct runoff into new pipelines connecting to the BMP. The proposed diversion and infiltration of stormwater runoff would not result in erosion or siltation, on- or -offsite. The stormwater BMP have been designed to ensure sediment entrained in the stormwater as well as surrounding soils are adequately managed to allow the proper functioning of the BMP.

There would be a less than significant impact, and no mitigation is required. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would:
ii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of pollutant runoff?
iii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
No Impact. The Project would not materially increase the amount of impervious area over the existing conditions, as the stormwater BMP would be located almost wholly underground, and the in-kind recreational facilities would be in essentially the same locations as under existing conditions. The proposed sports fields would be finished with an artificial turf sports surface, which is a permeable material. As such, the Project would not result in increased stormwater runoff volumes that would exceed the capacity of stormwater drainage system, provide additional sources of pollutant runoff, or result in on- or off-site flooding. There would be no impact, and no mitigation is required.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would:
iv) Impede or redirect flood flows?
No Impact. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), the Project site is not located within a 100-year flood hazard area. The Project site is located within “Other Flood Areas – Zone X,” which includes areas potentially subject to 500- year floods and areas of 100-year floods with average depths of less than one foot, and areas protected by levees. (Ninyo & Moore 2022). In the event of a flooding, the Project stormwater infiltration gallery has been designed to capture the 85th percentile storm event and is considered a wet-weather BMP. As such, the Project would be an improvement upon existing conditions, and would not substantially alter drainage in a manner than would impede or redirect flood flows.

There would be no impact, and no mitigation is required. d) In a flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less Than Significant Impact. As discussed under Threshold 3.10(c)(iv), the Project site is not located in a 100-year Flood Hazard Area (Ninyo & Moore 2022). The Project site is located approximately 35 miles inland from the Pacific Ocean; as such, it would not be susceptible to tsunami hazards. There are no open bodies of water proximate to the site that would be Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-44 Environmental Checklist Form susceptible to seiche in the event of an earthquake; as such, the Project would not be susceptible to seiche hazards. There would be less than significant impacts, and no mitigation is required. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. As discussed in Section 1.0, Project Description, the Project would help address the additional need for stormwater management identified to achieve compliance with Upper San Gabriel River Enhanced Watershed Management Program Plan goals (LARWQCB 2016), as the City is an USGR EWMP Group member. The EWMP Plan was identified as a suite of watershed control measures and BMPs, including regional priority projects. Potential sites for targeted control measures were identified in the EWMP and recommended by the USGR EWMP Group for further evaluation and potential implementation to meet compliance for the watershed. As such, the Project has been prepared to provide significant water supply and water quality benefits in compliance with the requirements provided by the SCWP and to support the Watershed Management Program Plan goals. implementation of the Project would be beneficial to groundwater supplies and support sustainable groundwater management of the Basin. Therefore, the Project would not conflict or obstruct implementation of a water quality control plan or sustainable groundwater management program. There would be less than significant impacts, and no mitigation is required.

3.11 LAND USE AND PLANNING
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
a) Would the project physically divide an established community? No Impact. There are no residential uses or established communities located on the Project site.

The Project would not physically divide an existing community, as the Project consists of the regional stormwater runoff capture facility and in-kind recreation facility improvements within the existing limits of Finkbiner Park. There would be no impact, and no mitigation is required. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No Impact. The primary land use planning documents that govern the Project site are the City’s General Plan and the GMC. The Project site is currently zoned Single-family Estate (E-7), which according to the GMC Section 21.04.010, is intended to protect and promote the unique singlefamily nature of the City by limiting the uses in such zones to residential and residentially compatible uses and by requiring standards for the use, maintenance, and development of properties, zoned single-family residential. The Project would not require any change in existing Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-45 Environmental Checklist Form land uses or require a zone change on the Project site. Therefore, implementation of the Project would not conflict with zoning.

The General Plan land use designation for the Project site not located in the public ROW is Open Space, which allows for public and private open space areas, including parks, recreational facilities, and golf courses (Glendora 2008). As the Project would continue to provide park and recreational facilities at the existing Finkbiner Park, the Project would not conflict with the land use designation. The Project would not conflict with any applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant, and no mitigation is required.

3.12 MINERAL RESOURCES
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
No Impact. Glendora is located within the San Gabriel Production-Consumption Region for Portland Cement Concrete–grade aggregate resources, as mapped by the Division of Mines and Geology (renamed the California Geological Survey in 2006). The Project site is mapped within Mineral Resource Zone 3 for aggregate resources. Mineral Resource Zone 3 is a designation given to areas containing mineral deposits the significance of which cannot be evaluated from available data (Division of Mines and Geology 1982). Although some excavated sediment would be removed from the site as part of the Project, this sediment is not of value as a mineral resource.

Currently, the Project site is used for both active and passive recreation as a City park facility. In addition, the City’s General Plan does not indicate the presence of mineral resources on the Project site (Glendora 2008). No mining operations are present on-site or within the project vicinity. Land uses in the Project vicinity consist of single-family residences, schools, churches, open space areas, and utility and flood control infrastructure. There would be no impact to mineral resources due to construction or operation of the Project, and no mitigation is required.

3.13 NOISE
Noise and Vibration Basics and Terminology
Noise
“Sound” is a vibratory disturbance created by a moving or vibrating source and is capable of being detected. “Noise” is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. The effects of noise on people can include general annoyance; interference with speech communication; sleep disturbance; and, in the extreme, hearing impairment (Caltrans 2013).

Sound pressure levels are described in units called the decibel (dB). Decibels are measured on a logarithmic scale. A doubling of the energy of a noise source (such as doubling of traffic volume) would increase the noise level by 3 dB. The human ear is not equally sensitive to all frequencies within the sound spectrum. To accommodate this phenomenon, the A-scale was devised; the Aweighted decibel scale (dBA) approximates the frequency response of the average healthy ear when listening to most ordinary everyday sounds and is used in this analysis.

Human perception of noise has no simple correlation with acoustical energy. Due to subjective thresholds of tolerance, the annoyance of a given noise source is perceived very differently from person to person. The most common sounds vary between 40 dBA (very quiet) to 100 dBA (very loud). Normal conversation at 3 feet is approximately 60 dBA, while loud jet engine noises at 1,000 feet equate to 100 dBA, which can cause serious discomfort. Table 15, Noise Levels for Common Events, on the following page shows the relationship of various noise levels in dBA to commonly experienced noise events.

TABLE 15

NOISE LEVELS FOR COMMON EVENTS
Common Outdoor Activities
Noise Level
(dBA) Common Indoor Activities
110 Rock Band
Jet fly-over at 300 m (1,000 ft) 100
Gas lawn mower at 1 m (3 ft) 90
Diesel truck at 15 m (50 ft) at 80 km/hr (50 mph) 80 Food blender at 1 m (3 ft); garbage disposal at 1 m (3 ft)
Noisy urban area, daytime gas lawn mower at
30 m (100 ft) 70 Vacuum cleaner at 3 m (10 ft)
Commercial area, heavy traffic at 90 m (300 ft) 60 Normal speech at 1 m (3 ft) Quiet urban daytime 50 Large business office, dishwasher in next room Quiet urban nighttime 40 Theater, large conference room (background) Quiet suburban nighttime 30 Library
Quiet rural nighttime 20 Bedroom at night, concert hall (background) 10 Broadcast/recording studio
Lowest threshold of human hearing 0 Lowest threshold of human hearing dBA: A-weighted decibels; m: meter; ft: feet; km/hr: kilometers per hour; mph: miles per hour Source: Caltrans 2013.

Two noise sources do not “sound twice as loud” as one source. As stated above, a doubling of noise sources results in a noise level increase of 3 dBA. It is widely accepted that (1) the average healthy ear can barely perceive changes of a 3 dBA increase or decrease, (2) a change of 5 dBA Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-47 Environmental Checklist Form is readily perceptible, and (3) an increase (decrease) of 10 dBA sounds twice (half) as loud (Caltrans 2013).

From the source to the receiver, noise changes both in the level and frequency spectrum. The most obvious change is the decrease in noise level as the distance from the source increases.

Sound from a small, localized source (approximating a “point” source) radiates uniformly outward as it travels away from the source in a spherical pattern. For point sources, such as heating, ventilation, and air conditioning (HVAC) units or construction equipment, the sound level attenuates (or drops off) at a rate of 6 dBA for each doubling of distance (i.e., if the noise level is 70 dBA at 25 feet, it is 64 dBA at 50 feet). Vehicle movement on a road makes the source of the sound appear to emanate from a line (line source) rather than a point when viewed over some time interval. The sound level attenuates or drops off at a rate of 3 dBA per doubling of distance for line sources.

A large object in the path between a noise source and a receiver can significantly attenuate noise levels at that receiver location. The amount of attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. Natural terrain or landform features as well as man-made features (e.g., buildings and walls) can significantly alter noise exposure levels. For a noise barrier to work, it must be high enough and long enough to block the view from the receiver to a road or to the noise source. Effective noise barriers can reduce outdoor noise levels at the receptor by up to 15 dBA.

Several rating scales (or noise “metrics”) exist to analyze effects of noise on a community. These scales include the equivalent noise level (Leq), including Lmax and Lmin, which are respectively the highest and lowest A-weighted sound levels that occur during a noise event, and the Community Noise Equivalent Level (CNEL). Average noise levels over a period of minutes or hours are usually expressed as dBA Leq, which is the equivalent noise level for that period of time. The period of time averaging may be specified; for example, Leq(3) would be a three-hour average.

Noise of short duration (i.e., substantially less than the averaging period) is averaged into ambient noise during the period of interest. Thus, a loud noise lasting many seconds or a few minutes may have minimal effect on the measured sound level averaged over a one-hour period.

To evaluate community noise impacts, CNEL was developed to account for human sensitivity to nighttime noise. CNEL represents the 24-hour average sound level with a penalty for noise occurring at night. The CNEL computation divides a 24-hour day into three periods: daytime (7:00 AM to 7:00 PM), evening (7:00 PM to 10:00 PM), and nighttime (10:00 PM to 7:00 AM). The evening sound levels are assigned a 5-dBA penalty, and the nighttime sound levels are assigned a 10-dBA penalty prior to averaging with daytime hourly sound levels.

Vibration
Vibration is an oscillatory motion through a solid medium in which the motion’s amplitude can be described in terms of displacement, velocity, or acceleration. Vibration displacement is the distance that a point on a surface, moves away from its original static position. The instantaneous speed that a point on a surface, moves is described as the velocity, and the rate of change of the speed is described as the acceleration. Each of these descriptors can be used to correlate vibration to human response, building damage, and acceptable equipment vibration levels. During construction of a project, the operation of construction equipment can cause groundborne vibration. During the operational phase of a project, receptors may be subject to levels of vibration that can cause annoyance due to noise generated from vibration of a structure or items within a structure. Analysis of this type of vibration is best measured in velocity and acceleration.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-48 Environmental Checklist Form The three main wave types of concern in the propagation of groundborne vibrations are surface or Rayleigh waves, compression or P-waves, and shear or S-waves.  Surface or Rayleigh waves travel along the ground surface. They carry most of their energy along an expanding cylindrical wave front, similar to the ripples produced by throwing a rock into a lake. The particle motion is more or less perpendicular to the direction of propagation (known as retrograde elliptical).  Compression or P-waves are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal, in a push-pull motion. P-waves are analogous to airborne sound waves.
 Shear or S-waves are also body waves, carrying their energy along an expanding spherical wave front. Unlike P-waves, however, the particle motion is transverse, or perpendicular to the direction of propagation.

The peak particle velocity (ppv) or the root mean square (rms) velocity is usually used to describe vibration amplitudes. The ppv is defined as the maximum instantaneous peak of the vibration signal and the rms is defined as the square root of the average of the squared amplitude of the signal. The ppv is more appropriate for evaluating potential building damage and also used for evaluating human response.

The units for ppv are normally inches per second (in/sec). Often, vibration is presented and discussed in dB units to compress the range of numbers required to describe the vibration. In this study, all ppv velocity levels are in in/sec and all vibration levels are in dB relative to one microinch per second. The threshold of perception is approximately 0.3 ppv. Typically, groundborne vibration generated by human activities attenuates rapidly with distance from the source of the vibration. Even the more persistent Rayleigh waves decrease relatively quickly as they move away from the source of the vibration. Manmade vibration problems are, therefore, usually confined to short distances (500 feet or less) from the source.

Construction generally includes a wide range of activities that can generate groundborne vibration. In general, blasting and demolition of structures generate the highest vibrations. Heavy trucks can also generate groundborne vibrations, which vary depending on vehicle type, weight, and pavement conditions. Potholes, pavement joints, discontinuities, differential settlement of pavement, and other anomalies all increase the vibration levels from vehicles passing over a road surface. Construction vibration is normally of greater concern than vibration of normal traffic on streets and freeways with smooth pavement conditions. Trains generate substantial quantities of vibration due to their engines, steel wheels, and heavy loads.

Regulatory Setting
Federal
Surface transportation system noise is regulated by a host of agencies, including the Federal Transit Administration (FTA). Transit noise is regulated by the federal Urban Mass Transit Administration (UMTA), while freeways that are part of the interstate highway system are regulated by the Federal Highway Administration (FHWA). Although the Project is not under the jurisdiction of the FTA, the FTA is the only agency that has defined what constitutes significant construction and transportation source noise impacts from implementing a project. The FTA standards are based on extensive studies by the FTA and other governmental agencies on the human effects and reaction to noise from construction and transportation sources. The FTA recommends developing construction noise criteria on a project-specific basis that utilizes local noise ordinances if possible. However, local noise ordinances usually relate to nuisance and Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-49 Environmental Checklist Form hours of allowed activity, and sometimes specify limits in terms of maximum levels, but are generally not practical for assessing the noise impacts of construction activities. Project construction noise criteria should take into account the existing noise environment, the absolute noise levels during construction activities, the duration of the construction, and the adjacent land uses.

State
On-Road Vehicle Noise
Sections 27200 to 27207 of the California Vehicle Code provide noise limits for vehicles operated in California. For vehicles over 10,000 pounds, noise is limited to 88 decibels (dB) for vehicles manufactured before 1973, 86 dB for vehicles manufactured before 1975, 83 dB for vehicles manufactured before 1988, and 80 dB for vehicles manufactured after 1987. All measurements are based at 50 feet from the vehicle. For the Project, “on-road” vehicles over 10,000 pounds would include haul trucks and construction equipment delivery trucks/tractor trailers.

Off-Road Vehicle Noise
Sections 38365 to 38380 of the California Vehicle Code provides noise limits for off-highway motor vehicles operated in California, as follows: 92 A-weighted decibels (dBA) for vehicles manufactured before 1973, 88 dBA for vehicles manufactured before 1975, 86 dBA for vehicles manufactured before 1986, and 82 dBA for vehicles manufactured after December 31, 1985. All measurements are based at 50 feet from the vehicle.

City of Glendora
The GMC noise regulations have been applied to this analysis. The GMC establishes the following applicable regulations related to construction noise that are relevant to the Project.

Section 9.44.200 General noise and party regulations.
(a) Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person willfully to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

1. The level of the noise;

2. The intensity of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise is natural or unnatural;

5. The level and intensity of the background noise, if any;

6. The proximity of the noise to residential sleeping facilities;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area within which the noise emanates; Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-50 Environmental Checklist Form

9. The time of the day or night the noise occurs;

10. The duration of the noise;

11. Whether the noise is recurrent, intermittent, or constant; and

12. Whether the noise is produced by a commercial or noncommercial activity. (b) Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person willfully to host, conduct or allow, or cause to host, conduct or allow, any gathering and/or party where alcoholic beverages are furnished, given, obtained, possessed, or consumed by any person under twenty-one years of age.

Section 9.44.100 Machinery, equipment, fans and air conditioning.

It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels.

Section 9.44.110 Construction of buildings and projects.

It is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of nine p.m. of one day and seven a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the city. No permit shall be required to perform emergency work as defined in Section 9.44.020(c).

Section 9.44.205 Vibration.

In the CM Zone or in any C zone or in any M zone, no activity shall cause or create a steady state of impact vibration on the lot line or on a boundary line between any of such zones and a residential zone with a vibration displacement by frequency bands in excess of that indicated in the table below as measured by the vibration measuring device standardized by the American Standards Association:

Frequency (Cycles
Per Second)
Vibration Displacement (In Inches)
Steady State Impact
Under 10 0.0005 0.0010
10—19 0.0004 0.0008
20—29 0.0003 0.0006
30—39 0.0002 0.0004
40 and over 0.0001 0.0002
This section shall not apply to railroads.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-51 Environmental Checklist Form Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Results in generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards established in the local general plan or noise ordinance, or
applicable standards of other agencies?
b) Result in generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public
airport or public use airport, expose people residing or working in the project area to excessive noise levels?
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant Impact. Implementation of the Project would result in noise and vibration related to on-site construction equipment and haul truck traffic. The existing noise levels in the Project vicinity and the anticipated construction noise and vibration levels are discussed below.

Existing Noise Conditions
Noise measurements were taken at the boundaries of the Project site to determine the existing noise conditions. The noise monitoring locations were selected to provide a representative sampling of the noise levels created by nearby noise sources as well as experienced by nearby sensitive receptors. Psomas conducted an ambient noise survey at the site on June 9, 2023.

Short-term (approximately 20 minutes each) noise level measurements were taken using a Lason Davis Laboratories SoundTrack LxT sound level meter. The sound level meter was placed near the western, northern, southern, and eastern boundaries of the project site approximately five feet above the ground and equipped with a windscreen. Table 16, Existing Noise Levels at the Project Site, summarizes the results of the noise monitoring.

EXISTING NOISE LEVELS AT THE PROJECT SITE
Location of Noise Monitoring Primary Noise Sources
dBA
Minimum
Leq
(Average) Maximum
West side of the site along Wabash
Avenue
Traffic and park activity 40.5 51.9 70.0
North side of the site along the alley
between Wabash Avenue and Minnesota
Avenue
Traffic along the alley and park
activity 40.6 50.4 69.9
South side of the site facing the
Little Dalton Wash
Vehicles in/out of the adjacent
parking and park activity 41.3 60.1 82.9
Southeast of the site adjacent to
Dalton Avenue
Traffic along Dalton Ave and
park activity 41.3 52.1 41.3
dBA: A-weighted decibels
Source: Psomas; noise data in Appendix E.

As shown, existing average noise levels (Leq) ranged from 50.4 to 60.1 dBA, with the highest noise measurement at the south side of the park facing the Little Dalton Wash. The noise measurements taken proximate to the Project site is generally characterized by park activity and vehicular traffic on Wabash Avenue, Minnesota Ave, and Dalton Ave. Park activities on and near the Project site include baseball fields, basketball courts, a skate park, and children’s playground. There are also tables and benches on the eastern section on the park beyond the Project site. Vehicular traffic was most prominent along Wabash Ave and the northern alleyway. The alleyway provides access to and from some of the residential units located immediately north of the site. Vehicular traffic along Minnesota Avenue and Dalton Avenue provides access to parking adjacent to south side of Finkbiner Park along Dalton Avenue.

On-Site Construction Equipment Noise
Section 9.44.110 of the GMC limits construction activities to the hours of 9:00 PM and 7:00 AM.

Implementation of the Project would involve a maximum 8-hour workday within the 10-hour period of 7:00 AM and 5:00 PM, Monday through Friday, which is within with the City’s allowable hours (7:00 AM and 9:00 PM) for construction activities. Therefore, the Project would comply with the allowable construction times provided in Section 9.44.110 of the GMC.

Noise generated by construction activities would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities. Construction noise levels reported in the U.S.

Environmental Protection Agency’s (USEPA’s) Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances were used to estimate future construction noise levels for the Project (USEPA 1971). Table 17, Summary of Construction Scenario, presents the construction phases, phase length, equipment expected to be used, and amount of excavation or material export.

SUMMARY OF CONSTRUCTION SCENARIO
Construction Phase
Phase
Length Equipment Used
Excavation
(cubic yards)
Site mobilization, clearing, grubbing, and
vegetation removal 10 weeks dozer, grader, hauling truck, skid steer loader 300
Underground infiltration tank excavation 11 weeks backhoe loader, dozer, haul truck, skid steer loader 16,160
Underground infiltration tank construction 15 weeks crane, skid-steer loader, delivery truck, dozer 14,000
Pipeline, diversion structure, treatment
equipment, and pump installation 10 weeks trencher, crane, haul truck, skid steer loader 100
Sports field construction 10 weeks grader, skid steer loader, spreader sprayer
900
Recirculation stream and landscaping 8 weeks grader, skid steer loader, spreader sprayer, cement mixer
100
Source: Data provided by Project engineer.

Table 18, Estimated Construction Noise Levels at the Nearest Noise-Sensitive Receptors, shows both the maximum and average noise levels estimated to be generated during each construction phase at the location of noise sensitive receptors. Maximum noise levels represent the noise levels from construction equipment occurring nearest to the noise sensitive use/receptor.

Maximum noise levels occurring when construction equipment is operated proximate to nearby uses are a worst-case in that noise levels are not expected to occur for the majority of the construction period. Noise levels under the maximum conditions would range from 59-96 dBA Leq.

Average noise levels represent the noise exposure to sensitive uses based on the distance to the center of the Project site. Average noise levels represent the magnitude of noise exposure that can be expected for a substantial portion of the construction period. Construction noise levels at receptor locations under average conditions would be expected to range from 55-76 dBA Leq.

TABLE 18

ESTIMATED CONSTRUCTION NOISE LEVELS

AT THE NEAREST NOISE-SENSITIVE RECEPTORS
Construction Phase
Noise Levels (Leq dBA)
Residences North
of Project Site
(Across Alley)
Residences
West of the Project
Site
(N Wabash Avenue)
Residences South
of the Project Site
(E Dalton Avenue)
Residences East of
the Project Site
(N Cullen Avenue)
Max
(20 ft)
Avg
(200 ft)
Max
(20 ft)
Avg
(280 ft)
Max
(55 ft)
Avg
(235 ft)
Max
(515 ft)
Avg
(835 ft)
Ground Clearing 92 72 92 69 83 71 64 60
Excavation 86 66 86 63 77 65 58 54
Foundation Construction 96 76 96 73 87 75 68 64
Building Construction 86 66 86 63 77 65 58 54
Paving and Site Cleanup 92 72 92 69 83 71 64 60
Leq dBA: average noise energy level in A-weighted decibels; Max: maximum; Avg: average; ft: feet; E: east; N: north Note: Noise levels from construction activities do not consider attenuation provided by intervening structures.

Source (construction equipment noise levels): USEPA 1971. Noise data in Appendix E.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-54 Environmental Checklist Form Off-Site Vehicular Noise
Clearing, vegetation removal, and other site preparation are estimated to result in approximately 300 cy of mixed demolition debris and greenwaste, which would be exported over an approximate 10-week period. This would result in approximately one 14-cy one-way truck trip (or trip end) every other day. An estimated total of 31,560 cy of sediment would be excavated during the remaining construction phases over approximately 13.5 months. This would equate to approximately 3,125 one-way, truck trips if all sediment were to be exported for disposal. This would equate to an average of 23 one-way truck trips per day. Installation of the infiltration gallery is the primary source of earthmoving and would involve the most intense excavation and export activities. Based on conservative assumptions, it is estimated the infiltration gallery would require approximately 1,615 one-way truck trips over an approximate 6.5-month period; this equates to approximately 30 one-way truck trips during this construction phase. These are conservative assumptions as some of the excavated sediment would be returned as backfill. The number of trips would be lower if larger (18 cy) trucks were used.

A doubling of traffic volume on a roadway would result in a 3 dB increase in noise level. Large trucks generate substantially more noise than passenger vehicles. A total of 20 to 30 Projectrelated truck trips distributed over an 8-hour workday would be approximately 2 to 4 truck trips per hour. Project-generated trips would be a very small fraction of existing traffic volumes typical for four-lane urban roadways. Thus, Project impacts on off-site vehicular noise would be well below 3 dB. Noise level increases below 5 dB are not readily perceptible in outdoor environments, and 5 dB is thus used as a threshold of significance here for off-site vehicular noise impacts.

Project off-site vehicular noise impacts would be well below 5 dB and thus less than significant, and no mitigation is required.

Operational Noise
Stationary Noise Sources
Operation of the stormwater capture is generally passive and would only require small electrical pumps that deliver between 1 to 2 cubic feet per second and rated at approximately 8 horsepower.

These pumps will be enclosed and located 18 inches below ground. The pump station would be located on the southern portion of the Project site proximate to the Little Dalton Wash and approximately 200 feet from the nearest residential uses. As such, due to the small size of the pumps, the noise attenuation from the enclosure and being below ground, noise from use of these pumps will comply with the noise limits established by Section 9.44.100 Machinery, equipment, fans, and air conditioning. The Project would also reconstruct the athletic fields after the development of the stormwater capture infrastructure. Noise generated by use of the athletic fields are expected to be comparable to the use of the existing athletic fields and would likewise be subject to the noise limits established by the GMC. Impacts related to operational noise analysis would be less than significant, and no mitigation is needed.

Vehicular Noise
Operation and maintenance of the Project would generate a small number of vehicle trips annually for operation of the Project. Project operational trip generation would be negligible compared to existing traffic volumes on local streets. The redevelopment of the park’s athletic fields are anticipated to generate comparable levels of vehicle trips and consequently would not cause a noticeable increase in traffic noise. No significant impact would occur, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-55 Environmental Checklist Form b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less than Significant with Mitigation. There are no applicable City standards for vibrationinduced annoyance or structural damage from vibration from construction activity and the City defers to other authoritative sources for evaluating these impacts. Groundborne vibration levels resulting from construction activities at the Project site were estimated using the California Department of Transportation (Caltrans) vibration damage potential guideline thresholds; shown in Table 19, Vibration Damage Threshold Criteria. Based on the guidance in Table 19, the vibration level of 0.3 ppv in/sec for older residential structures exposed to continuous/frequent intermittent sources is considered the most applicable threshold for a potentially significant vibration damage impact for the Project.

TABLE 19

VIBRATION DAMAGE THRESHOLD CRITERIA
Structure and Condition
Maximum ppv (in/sec)
Transient Sources
Continuous/Frequent
Intermittent Sources
Extremely fragile historic buildings, ruins,
ancient monuments 0.12 0.08
Fragile buildings 0.2 0.1
Historic and some old buildings 0.5 0.25
Older residential structures 0.5 0.3
New residential structures 1.0 0.5
Modern industrial/commercial buildings 2.0 0.5
ppv: peak particle velocity; in/sec: inch(es) per second Note: Transient sources create a single isolated vibration event, such as blasting or drop balls.

Continuous/frequent intermittent sources include impact pile drivers, pogo-stick compactors, crackand-seat equipment, vibratory pile drivers, and vibratory compaction equipment. Construction of the Project would involve continuous/frequent intermittent sources.

Source: Caltrans 2020.

The Caltrans vibration annoyance potential guideline thresholds are shown in Table 20, Vibration Annoyance Criteria. Based on the guidance in Table 19, the “strongly perceptible” vibration level of 0.9 ppv in/sec is considered the most applicable threshold for a potentially significant vibration annoyance impact for the Project.

TABLE 20

VIBRATION ANNOYANCE CRITERA
Average Human Response ppv (in/sec)
Severe 2.0
Strongly perceptible 0.9
Distinctly perceptible 0.24
Barely perceptible 0.035
ppv: peak particle velocity; in/sec: inch(es) per second Source: Caltrans 2020.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-56 Environmental Checklist Form Less than Significant with Mitigation. Caltrans lists a structural damage threshold for older residences of 0.3 inches per second ppv (used here for other types of structures as well) and a human annoyance threshold of 0.9 inches per second ppv for strongly perceptible responses.

Expected construction equipment is listed above in Table 16. The primary sources of vibration during Project construction are expected to be rollers; large bulldozers (used here to represent backhoes and excavators); and loaded trucks. The estimated vibration exposure levels from Project construction equipment to the nearest buildings are presented in Table 21, Estimated Vibration Levels at the Nearest Sensitive Receptors.

TABLE 21

ESTIMATED VIBRATION LEVELS AT THE NEAREST

VIBRATION-SENSITIVE RECEPTORS
Equipment
Vibration Levels (ppv)
Residences
North of
Project Site
(Across Alley)
Residences
West of the
Project Site
(N Wabash
Avenue)
Residences
South of the
Project Site
(E Dalton
Avenue)
City of
Glendora
Youth Center
to the East
(ppv @ 5 ft) (ppv @ 75 ft) (ppv @ 60 ft) (ppv @ 170 ft) Vibratory roller 2.3 0.0 0.1 0.0
Large bulldozer 1.0 0.0 0.0 0.0
Small bulldozer 0.0 0.0 0.0 0.0
Jackhammer 0.4 0.0 0.0 0.0
Loaded trucks 0.8 0.0 0.0 0.0
Vibration Annoyance Threshold 0.9 0.9 0.9 0.9
Vibration Building Damage Threshold 0.3 0.3 0.3 0.3
Exceeds Threshold? Yes No No No
ppv: peak particle velocity; Max: maximum; avg: average; ft: feet Source (thresholds): Caltrans 2020. Vibration data in Appendix E.

The nearest sensitive receptors to the Project site are the residential buildings that abut the north side of the alley proposed to be resurfaced with permeable paving. These residential buildings are located adjacent to the alleyway that would undergo demolition and repaving with permeable pavement. Construction noise generation was calculated for activity at a distance of five feet away from the existing structures. As shown in Table 3-18, construction equipment would exceed the annoyance and building damage thresholds at the residences on the north side of the adjacent alley during operation of a vibratory roller, large bulldozer, jackhammer, and passage of loaded trucks on the alley, resulting in a significant impact. Therefore, MM NOI-1 defines minimum setback distances for various equipment that generate substantial levels of vibration. Table 22 shows the vibration levels at these residences with implementation of MM NOI-1.

MITIGATED VIBRATION LEVELS AT THE NEAREST

VIBRATION-SENSITIVE RECEPTORS
Equipment
Vibration Levels (ppv)
Residences
North of
Project Site
(Across
Alley)
Residences
West of the
Project Site
(N Wabash
Avenue)
Residences
South of the
Project Site
(E Dalton
Avenue)
City of
Glendora
Youth Center
to the East
(ppv @ 15 ft) (ppv @ 75 ft) (ppv @ 60 ft) (ppv @ 170 ft) Roller without vibratory mechanism 0.0 0.0 0.1 0.0
Large bulldozer 0.2 0.0 0.0 0.0
Small bulldozer 0.0 0.0 0.0 0.0
Jackhammer 0.1 0.0 0.0 0.0
Loaded trucks 0.2 0.0 0.0 0.0
Vibration Annoyance Threshold 0.9 0.9 0.9 0.9
Vibration Building Damage Threshold 0.3 0.3 0.3 0.3
Exceeds Threshold? No No No No
ppv: peak particle velocity; Max: maximum; avg: average; ft: feet Source (construction equipment vibration levels): USEPA 1971. Vibration data in Appendix E.

As shown, vibration levels at the nearest vibration-sensitive receptor would be below the 0.3 inch per second ppv structural damage threshold and the 0.9 inch per second ppv annoyance threshold. Therefore, with implementation of MM NOI-1, vibration impacts to the nearest receptors would be reduced to a less than significant level.

Haul Truck Traffic
Haul trucks generate lower levels of vibration at 15 feet (0.076 inches per second ppv) than do vibratory rollers and bulldozers. Thus, haul truck traffic would also result in less than significant vibration levels. There would be a less than significant vibration impact related to this activity, and no mitigation is required.

Project Operation
The operation of the proposed intake, pipeline, and outlet would not include the operation of any new vibration sources that could be felt beyond the immediate vicinity of the infrastructure (i.e., adjacent). There would be no operational impact related to vibration, and no mitigation is required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact. The Project site is not located within two miles of a public airport or public use airport or within an airport land use plan. The closest public use airport, Brackett Field Airport, is located approximately 5.5 miles southeast of the Project site. Therefore, the proposed Project would not expose people working or residing in the area to excessive air traffic-related noise levels. There would be no impact related to air traffic due to construction or operation of the Project, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-58 Environmental Checklist Form Mitigation Measures
MM NOI-1 Prior to the issuance of each grading permit, the developer or designee shall produce evidence acceptable to the City of Glendora Community Development Director demonstrating that the equipment to be used for excavation that would occur within 15 feet of the nearest residences shall not include vibratory rollers, jackhammers, large bulldozers, loaded trucks or similar heavy equipment that weigh in excess of 24,000 pounds. Use of a roller within 15 feet of the nearest residences is acceptable if the vibratory mechanism is turned off.

3.14 POPULATION AND HOUSING
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through the extension of roads or other infrastructure)? b) Displace substantial numbers of people or housing,
necessitating the construction of replacement housing
elsewhere?
a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? No Impact. The proposed Project would provide a regional stormwater runoff capture facility within Finkbiner Park and include in-kind replacement of existing facilities within the site that require demolition to implement the stormwater BMP with new recreation facilities and features.

Although there would be new and improved on-site facilities because Finkbiner Park is already intensively used by all segments of the community, the City does not expect a long-term increase in use of the existing area. Development of the Project would not require extending or improving infrastructure in a manner that would facilitate off-site growth in the City. The Project would not generate population or directly induce unplanned population growth. Additionally, the Project would not indirectly induce growth, such as through provision of employment or extension of infrastructure. Operation of the Project would involve quarterly maintenance visits with a one- to two-person crew; this would not necessitate additional hiring to provide long-term maintenance services.

The Project would bring in City staff, contractors, and other authorized personnel to the Project site for the duration of the construction period. The local population (i.e., Los Angeles County and City of Glendora area) would be expected to provide adequate skilled workers to satisfy the construction-related positions. Accordingly, it is unlikely that workers would relocate to the area for construction of this Project. Thus, no indirect change related to population and housing is expected with the presence of construction crews on site. There would be no direct or indirect impact related to population growth, and no mitigation is required.

3.15 PUBLIC SERVICES
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered government facilities, need for new or
physically altered government facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times, or other performance
objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
 Fire protection?
No Impact. As discussed above in Section 3.14, Population and Housing, the Project would not directly or indirectly induce population growth that would generate demand for additional fire protection services. Implementation of the Project would not involve construction of facilities that would generate greater fire risk than the existing condition. Construction or operation of the Project would not generate demand for fire protection services such that new or expanded physical facilities would be required whose construction could result in an environmental impact.

There would be no impact, and no mitigation is required. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-60 Environmental Checklist Form significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
 Police protection?
No Impact. As discussed above in Section 3.14, Population and Housing, the Project would not directly or indirectly induce population growth that would generate demand for additional police protection services. Temporary Project-related activities, such as the presence of construction equipment on the Project site, may provide increased opportunities for theft. The construction areas would be fenced, and the Project Contractor would be required to secure building materials and construction equipment to prevent theft and vandalism from occurring at the Project site during construction activities. Additionally, no unusually valuable or out of the ordinary construction-related equipment or materials would be associated with Project implementation that would generate a greater attraction for theft. Construction or operation of the Project would not generate demand for police protection services such that new or expanded physical facilities would be required whose construction could result in an environmental impact. There would be no impact, and no mitigation is required.
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
 Schools?
No Impact. As discussed above in Section 3.14, Population and Housing, the Project would not directly or indirectly induce population growth that would generate demand for additional school services. Therefore, construction and operation the Project would not generate demand for schools such that new or expanded physical facilities would be required whose construction could result in an environmental impact. There would be no impact, and no mitigation is required. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
 Parks?
No Impact. As discussed in Section 3.14, Population and Housing, the Project would not result in direct or indirect population growth. The proposed Project would include construction of a stormwater retention facility and in-kind recreational facility replacements within the existing Finkbiner Park. Public access to and use of the replacement recreation facilities on the site with Project implementation would be essentially the same as in the existing condition. Although there would be new and improved on-site facilities because Finkbiner Park is already intensively used by all segments of the community, the City does not expect a long-term increase in park visitation due to the Project. Therefore, construction or operation the Project would not generate demand for parks such that new or expanded physical facilities would be required whose construction could result in an environmental impact. There would be impact, and no mitigation is required.

Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-61 Environmental Checklist Form a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
 Other public facilities?
No Impact. As discussed above in Section 3.14, Population and Housing, the Project would not directly or indirectly induce population growth that would generate demand for additional public facilities not addressed above, such as libraries. Therefore, construction or operation of the Project would not generate demand for other public facilities such that new or expanded physical facilities would be required whose construction could result in an environmental impact. There would be no impact, and no mitigation is required.

3.16 RECREATION
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less Than Significant Impact. The Project would include construction and improvement, although not expansion, of recreation facilities. During construction activities, the approximate

3.8-acre Project site, occupying the western portion of Finkbiner Park, would be closed for an estimated 15 months. As the Project site experiences high community use, it is assumed construction of the Project would necessitate the use of alternate facilities in the area. Other nearby parks in the City would serve community residents’ recreation needs while the Project site is closed. These parks include Ole Hammer Park located 0.7 miles from the site that has volleyball courts; Sanburg Middle School Park located 1.3 miles from the site that has soccer fields and football fields with a dirt track; Gladstone Park located 2.4 miles from the site that has a lighted outdoor basketball court and volleyball courts; Louie Pompei Memorial Sports Park located

3.9 miles from the site that has an artificial turf soccer field, baseball diamond with night lighting, and combination athletic/softball field (Glendora 2023a); and sports fields and basketball courts at schools.

Because there are a variety of alternate facilities (including but not limited to those above) in the area and because the construction period is 15 months, it is not anticipated that the use of other Finkbiner Park Multi-Benefit Stormwater Capture Project Initial Study/Mitigated Negative Declaration
R:\Projects\CRA\3CRA120100\Environmental Documentation\MND\Finkbiner ISMND-030724.docx 3-62 Environmental Checklist Form recreation facilities in the area during construction would lead to substantial physical deterioration of any individual facility.

Additionally, it is acknowledged that the closure of a heavily-use recreation facility for any length of time would represent an adverse effect on the community; however, because the closure is temporary and there are alternative facilities to use, this would be considered a less than significant impact. Additionally, Project implementation would provide recreational improvements over existing conditions. The Project would provide new in-kind recreation facilities and features; conversion of the alley along the northern site boundary into a green alley; and installation of a recirculating stream, native landscaping, and adjacent path in the southeast portion of the site as a new passive recreation opportunity in the park. The restoration of demolished features provides the City an opportunity to rehabilitate these recreation facilities as part of the SCWP. Therefore, the Project would not cause an increase in the use of existing neighborhood and regional parks that would lead to substantial deterioration of existing facilities. Impacts would be less than significant, and no mitigation is required.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
Less Than Significant with Mitigation. The Project would include construction and improvement, although not expansion, of recreation facilities. The construction of these facilities may have an adverse physical effect on the environment; accordingly, the potential for impacts due to Project implementation is evaluated through preparation of this IS/MND. There would be less than significant impacts with implementation of the identified mitigation measures for biological resources (refer to Section 3.4), cultural resources (refer to Section 3.5), geology and soils (refer to Section 3.7), noise (refer to Section 3.13) and tribal cultural resources (refer to Section 3.18). As such, impacts would be reduced to a less than significant level with implementation of applicable mitigation measures.

3.17 TRANSPORTATION
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
Would the project:
a) Conflict with program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines
Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
a) Would the project conflict with program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than Significant Impact. The Circulation Element of the City’s General Plan represents the City’s overall transportation plan. The Circulation Element identifies and establishes the City's policies governing the system of roadways, intersections, bicycle paths, pedestrian pathways, and other components of the circulation system, which collectively provide for the movement of people and goods throughout the City. The Circulation Element includes goals and policies including safety for motorists and pedestrian on local roadways; coordinated transportation and land use planning; infrastructure improvements coordinated with local growth; reduced transportation impacts in local neighborhoods; appropriate coordination of transportation planning with adjacent jurisdictions; acceptable level of service on local roadways; improved access to alternative modes of transportation; and controlled utility and infrastructure access between Glendora and adjoining jurisdictions (Glendora 2008).

Glendora City CouncilJanuary 27, 2026

Glendora City Council
January 27, 2026