ATTACHMENT NO. 1
City of West Covina Request for Proposals
Attachment A: Statement of Non-Collusion by Contractor
Attachment B: Subcontractor Campaign Contribution Acknowledgement Form Attachment C: Sam.gov Verification – Debarment & Suspension Verification Attachment D: Fee Schedule
Attachment F: Certificate of Insurance
Attachment G: W-9
Attachment H Statement of Compliance
Proposals must be submitted no later than 2:00 p.m. on August 14, 2025.
Submissions received after this deadline will be rejected. Submissions by facsimile or electronic mail will not be accepted.
Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.
4. CONTACT WITH CITY OFFICIALS AND REPRESENTATIVES
The sole City Representative as contact person for all questions and matters regarding this RFP is Jazmin Hernandez, Purchasing Manager. The City Representative can be reached via e-mail at [email protected] or by phone at (626) 939-8705. Proposers that contact any City official or representative other than the designated City Representative as set forth in this RFP may be disqualified with no further consideration given to the proposal submitted.
All questions regarding the specifications in this RFP are required to be addressed via City’s PlanetBids site by the designated date and time. Responses will be posted on the City’s PlanetBids site.
5. BACKGROUND
The City of West Covina is located in the San Gabriel Valley, 20 miles east of downtown Los Angeles and 15 miles north of Orange County. Incorporated as a general law city in 1923, the City operates under the council/manager form of government. The City’s 16 square miles flourished with walnut groves and orange groves for many decades. The City has developed into a commercial and residential community, with a population currently estimated at about 110,200 residents.
Services
The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; City of West Covina Request for Proposals
and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, and business licensing.
Additionally, water utilities and solid services are provided and billed externally.
The City is financially accountable for the Successor Agency to the former Redevelopment Agency of the City of West Covina, a financing authority, and a housing authority, which are combined within the City’s financial statements.
6. SCOPE OF SERVICES
The scope of services to be provided is described in Attachment E of this RFP.
7. CONTRACT PERIOD
It is anticipated that the initial term of the agreement will be for a period of three (3) years, with the option to extend the term for up to two (2) successive one (1) year periods upon mutual written agreement of the City and the selected contractor, contingent upon satisfactory performance of the selected contractor.
8. PROPOSAL FORMAT
The proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements and on providing a complete and clear description of the offer. Proposals that appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity of this RFP may be rejected.
The proposal should contain the sections in the order indicated below. This standardization will facilitate evaluation of the comparative merits of all proposals submitted. Proposals must be submitted with the attachments identified in Section 3 of this RFP.
8.1 COVER LETTER
Provide a cover letter, approximately one (1) page in length, and not exceeding three (3) pages, introducing the company, identifying the address and telephone number of the company’s office nearest to West Covina, and identifying the address of the office from which services provided to West Covina would be managed. The letter must also include the name, address and telephone number of the person(s) to contact who will be authorized to represent the proposer. This letter shall be signed by an officer of the proposer authorized to bind the proposer to all commitments made in the proposal.
City of West Covina Request for Proposals
8.2 BACKGROUND AND APPROACH
This section should describe the proposer’s understanding of the City and the scope of work pursuant to this RFP.
8.3 METHODOLOGY
This section should clearly describe the approach and methodology to be used to carry out the specific work tasks described in the scope of services, including descriptions of the type(s) of equipment to be utilized in the City. This section should indicate all key deliverables and timelines, if applicable.
8.4 FEE SCHEDULE
The fee schedule should include hourly rates, miscellaneous fees and other anticipated expenses, and the total cost of the services. The Fee Schedule (in Excel format) is available for download as part of this RFP. Proposers shall complete the Fee Schedule by entering data electronically, printing and signing, and including a copy in proposal. In addition, proposers shall upload the completed Excel spreadsheet as a separate attachment with the proposal.
Instructions are included with Attachment D.
8.5 STAFFING
Provide an organization chart showing all proposed individuals who will be providing services to West Covina and each person’s responsibilities. The organization chart should identify the Project Manager and the person who will be the key contact with the City of West Covina, if different from the Project Manager.
Include a resume or brief statement of qualifications for proposed key members of the project team. In addition, please provide a current copy of the operating procedures, employee manual, or equivalent document.
If selected as the City’s contractor, if the contractor desires to assign different personnel to the project than those identified in the organization chart, the contractor must submit their names and qualifications, including the information listed above, to the City for approval before they begin work.
8.6 EXCLUDED OR SUBCONTRACTED SERVICES
Provide details of any necessary services relating to the proposal/service process which will not be included in your proposal, including those which the proposer expects to be performed by City staff and/or by other contractors or subcontractors. If you intend to subcontract any portion of the work, identify the subcontractor(s) and provide details regarding their qualifications.
City of West Covina Request for Proposals
8.7 LIST OF SIMILAR SERVICES COMPLETED
Provide a complete listing of all similar services that have been provided to public agencies within the past five (5) years. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; commencement and expiration or termination of the contract; value of the contract; and name of the personnel assigned to the contract, as well as their respective responsibilities. If an agency terminated a contract, provide information regarding the reason for the termination. The list should include at least three (3) agencies for which similar services have been provided.
8.8 REFERENCES
The proposer shall submit with his/her/its proposal a list of at least three (3) clients using the same or similar services being proposed. For each reference, indicate the name of the client and mailing address, , name and title of client’s project manager, and telephone number and e-mail address for client’s project manager.
The City of West Covina reserves the right to contact any of the organizations or individuals listed to determine, among other things, the proposer’s success in meeting the needs of the contracting agency in a timely manner.
8.9 SAFETY RECORD; SAFETY REQUIREMENTS
Proposer shall provide an outline of its business safety record. Proposer will be required to comply with all Federal and State safety laws and requirements.
8.10 FINANCIAL STATEMENTS
The proposer shall submit with his/her/its proposal financial documents for the post current year in which a tax return has been submitted with interim financial documents as of the last month end. The financial documents are to include Income Statement, Balance Sheet and Statement of Cash Flows.
8.11 NEGATIVE HISTORY
Disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation which involves the company or in which the company has been found guilty or liable within the last five (5) years. If there is no negative history to disclose, the proposer must affirmatively state in its proposal that there is no negative history to report. Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm’s prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.
City of West Covina Request for Proposals
8.12 OTHER INFORMATION
Include any other information you consider to be relevant to the proposal and will assist City staff in making an informed decision. Additional optional services may be included in the proposal at the discretion of the proposer.
9. ORAL PRESENTATIONS
An in-person oral presentation by the proposers in final contention for award of an agreement for services may, in City’s discretion, be required as a part of this RFP process. The purpose of the oral presentation would be twofold: first, to allow the proposer to demonstrate capabilities of the company and to clarify the proposer’s responses to the RFP; second, to allow the City staff to meet the proposer’s key personnel who would be assigned to this project. Attendance at such a presentation shall be at the proposer’s expense.
10. TERMS AND CONDITIONS OF RFP
10.1 SIGNED SUBMISSION OF PROPOSALS
Each proposal must be signed in longhand by the person or persons legally authorized to bind the proposer to the proposal and contracts. The name and title of each person signing shall be typed or printed below that person’s signature.
Upon request of the City, the corporation or other entity must provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation or other entity.
10.2 LATE SUBMISSION OF PROPOSALS
Any submission of proposals received after the due date and time specified in this RFP will not be considered.
10.3 ACCURACY OF PROPOSALS; WITHDRAWAL OF PROPOSALS
Proposers shall take all responsibility for any errors or omissions in their proposals.
To withdraw a proposal, the proposer must submit a written request to the Purchasing Manager via email at [email protected]. A hard copy of the request must also be mailed to the Purchasing Manager at 1444 W. Garvey Avenue South, Room 308, West Covina, CA 91790. The written request must be signed by the authorized representative of the proposer and must be submitted prior to the deadline for submitting proposals.
Withdrawals will not be permitted after the deadline for submitting proposals.
City of West Covina Request for Proposals
10.4 ADDENDUM TO THE RFP
Any modifications or changes to this RFP will be made by written addendum.
Addenda will be posted on the City’s PlanetBids page. No verbal modification will be binding on the City.
10.5 PROTEST PROCEDURES
All protests regarding the RFP process must be submitted in writing to the Purchasing Manager within five (5) business days following the opening of the proposals. This includes all protests relating to advertising of the RFP, deadlines, proposal opening, and any protests relating to alleged improprieties or ambiguities in the specifications. This requirement does not apply to protests relating to staff recommendations as to award of a contract. Protests relating to staff recommendations of award of a contract may be directed to the Purchasing Manager within three (3) business days of the posted agenda recommending award by City Council or receipt of notice of intent to award. City may post such notice of intent to award on the City’s PlanetBids portal.
City Council agendas are available for review at least 72 hours before City Council meetings, which are held on the first and third Tuesday of each month, at www.westcovina.org and at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina, during normal business hours.
10.6 DISCLAIMERS AND RESERVATION OF RIGHTS
This RFP does not commit the City to award a contract. The City reserves, in its sole discretion, the right to reject any and all proposals, the right to cancel or postpone the RFP or project in whole or in part at any time, the right to negotiate with any qualified proposer and the right to decline to award the agreement to any of the proposers. The City reserves the right to waive any immaterial irregularities in a proposal or a submission of a proposal.
10.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS All proposals submitted in response to this RFP shall become the exclusive property of the City of West Covina and will be a matter of public record. Proposers must identify, in writing, the elements of the proposal which proposer defines as business or trade secrets that are exempt from disclosure under the California Public Records Act (California Government Code Section 7920.000 et seq.) and plainly mark such items as “Trade Secret”, “Confidential”, or “Proprietary”.
Any proposer claiming such an exemption must identify the specific provision of the California Public Records Act that provides an exemption from disclosure for each item that the proposer claims is not subject to disclosure under said Act. Any proposer claiming such an exemption must also state in its proposal that the proposer agrees to defend, indemnify and hold harmless the City and its officers, City of West Covina Request for Proposals
employees, agents and volunteers from any action brought against the City for its refusal to disclose such material, trade secrets and other proprietary information to any party making a request therefor. Any proposer who fails to include such a statement shall be deemed to have waived any right to an exemption from disclosure as provided by said Act. Any exemption request must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.
If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Notwithstanding the foregoing, all proposals submitted may be kept confidential until a contract is awarded.
10.8 PROPOSAL VALIDITY PERIOD
Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.
10.9 PRESS RELEASES
The selected contractor shall not issue any news or press releases relating to an award of contract resulting from this RFP or issue any advertising copy mentioning the City or quoting the opinion of any City official, officer or employee without prior written approval from the City Manager.
10.10 EVALUATION AND SELECTION PROCESS
In accordance with Section 2-334 of the West Covina Municipal Code, the City will award the contract to the lowest responsible bidder, as defined Section 2-327 of the West Covina Municipal Code. Price will be considered along with other factors, including, but not limited to, the ability, capacity and skill of the bidder to provide the services, whether the bidder can provide the services within the time specified, the bidder’s record of performance on previous orders or contracts for the City or other public entities, and the quality, availability and adaptability of the bidder’s services.
Proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:
qualifications and experience as provided in a resume or statement of qualifications; ability to effectively communicate and conduct presentations; cost of services; reference checks. All proposers should identify or affirm each of the following requirements:
City of West Covina Request for Proposals
(a) Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP. (b) Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.
(c) Have the administrative and fiscal capability to provide and manage the proposed services.
Proposals will be ranked according to the following criteria:
Criteria Maximum Points
Completeness of Proposal 20
Relevant Experience and Qualifications of
Proposed Project Team
30 Capacity to Perform 30
Proposed Cost 20
TOTAL 100
10.11 CAMPAIGN CONTRIBUTIONS
(a) Prohibited Contributions.
Pursuant to Section 2-404.1(a) of the West Covina Municipal Code:
No person who is an applicant or proposer to be a party to a city contract, or who is a party to a city contract, as defined in section 2-403, other affected party, or related persons, shall make a contribution to an individual holding city elective office where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts or agreements having a value of thirty thousand dollars ($30,000.00) or more.
Further, pursuant to Section 2-404.1(c) of the West Covina Municipal Code:
No person acting as a subcontractor under a subcontract through a city contract, as defined in section 2-403, or related persons, shall make a contribution to a council member where an individual subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such individual subcontracts with the same subcontractor, for the same or different projects with the aggregate value of fifteen thousand dollars ($15,000.00) or more.
City of West Covina Request for Proposals
(b) Subcontractor Acknowledgement Form.
If a subcontractor is utilized for any part of the proposal, then a completed Subcontractor Campaign Contributions Acknowledgement Form is required to be returned with proposal.
10.12 CONFLICT OF INTEREST
City of West Covina employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any proposer. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities, including, but not limited to, the City’s Conflict of Interest and Ethics Policy.
Proposers shall not offer, give or agree to give any City employee any gratuity or anything of value whatsoever in connection with this RFP. The offer or attempt to give any such gratuity or anything of value to any City employee will be cause for disqualification from participation in this RFP.
10.13 PERMITS AND LICENSES
The selected contractor and all of his/her/its employees or agents shall secure and maintain in force such licenses and permits as are required by law.
10.14 PRE-CONTRACTUAL EXPENSES
The City shall not be liable for any expenses incurred by potential contractors relating to the preparation or submission of proposals. Pre-contractual expenses shall not be included in a proposer’s fee schedule. Pre-contractual expenses include, but are not limited to, expenses incurred by a proposer in:
• Preparing a proposal in response to this RFP;
• Submitting a proposal to the City;
• Oral presentations required by the City;
• Negotiating with the City in any manner related to the proposal submitted;
• Any other expenses incurred by the proposer prior to the execution of a contract with the City, if any.
10.15 AGREEMENT TO CONDITIONS
The selected proposer will be required to execute an agreement for services. A sample of the agreement is included as Attachment K to this RFP. The sample agreement may be modified by the City prior to award of a contract.
City of West Covina Request for Proposals
Submission of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the proposer clearly and specifically identifies requested exceptions in the Statement of Compliance (Attachment H). Notwithstanding the foregoing, a proposer’s ability to comply with the terms and conditions of the RFP and the City’s standard requirements, including, but not limited to, insurance and indemnification, is a material part of this RFP.
10.16 PIGGYBACKING OPTION
The City would like to make the same pricing structures available to other government agencies. Proposers shall indicate in their proposal whether they agree to extend pricing to other agencies and for what length of time. Inclusion is not mandatory and will have no bearing on the contract award.
10.17 EXAMINATION OF LOCATIONS AND SPECIFICATIONS
Proposers are expected to carefully examine the locations of the proposed services and the specifications set forth in this RFP and all attachments hereto. By submitting a proposal, the proposer declares he/she/it has carefully reviewed the locations of the proposed services and all specifications and requirements set forth in this RFP, and that proposer will furnish all labor, materials, machinery, tools and equipment required to perform the services in accordance with the requirements of this RFP.
10.18 DEBARMENT AND SUSPENSION
Proposers may not be debarred or suspended or otherwise listed on the Excluded Parties List System (EPLS) in the General Services Administration System for Award Management (SAM). Proposers must include verification that the company as well as the company’s principals are not listed (are not debarred, suspended or otherwise ineligible) through the General Services Administration System for Award Management (sam.gov). Proposers must also enclose a printout of the search results that includes the record date.
11. INSURANCE
Insurance requirements are set forth in the sample agreement (Attachment K).
12. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS:
Pursuant to California Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work unless registered and qualified pursuant to California Labor Code section 1725.5.
City of West Covina Request for Proposals
13. PREVAILING WAGE REQUIREMENTS
The services to be provided pursuant to this RFP are subject to prevailing wage requirements. Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all workers employed to provide services pursuant to the agreement awarded following this RFP shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with the Public Works Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. Prevailing wage requirements are further detailed in the sample agreement (Attachment K).
City of West Covina Request for Proposals
ATTACHMENT A
STATEMENT OF NON-COLLUSION BY CONTRACTOR
City of West Covina Request for Proposals
NON-COLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _____________________ of _____________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________________[city, state].
Firm _______________________________________
______________________________________
(Signature)
______________________________________
(Print Name & Title)
Street _______________________________________
City_______________________ State_____ Zip ___________
City of West Covina Request for Proposals
ATTACHMENT B
SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
City of West Covina Request for Proposals
SUBCONTRACTOR CAMPAIGN CONTRIBUTION
ACKNOWLEDGMENT FORM
Proposer [or Consultant] is required to identify any known subcontractor who will provide goods or services with an anticipated or actual value of $15,000 or more in connection with any contract which may be awarded pursuant to this Request for Proposal if the proposed contract with the Proposer [or Consultant] has an anticipated or actual value of $30,000 or more.
By my signature below, I certify that as a subcontractor I reviewed and am in compliance with West Covina Municipal Code section 2-405.1(c), in reference to campaign contributions to any individual holding City elective office, and that I will comply with Section 2-405.1(c) at all times while providing services as a subcontractor.
CONTRACTOR:
Company: _____________________________
By: ___________________________________
Title: __________________________________
Date: _________________________________
SUBCONTRACTOR:
Company: _____________________________
By: ___________________________________
Title: _________________________________
Date: _________________________________
City of West Covina Request for Proposals
ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
How to Search Exclusion Information
• Select “Search” from the header menu from any page on SAM.gov • In the filters, under “Select Domain,” select “Entity Information, then select “Exclusions.”
• Use the filters or keyword box to enter search criteria and see your results • See sample on next page
City of West Covina Request for Proposals
City of West Covina Request for Proposals
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
City of West Covina Request for Proposals
ATTACHMENT D
FEE SCHEDULE
Fee Schedule Instructions
• The Fee Schedule is a requirement of the RFP.
• The Fee Schedule (in Excel format) is available for download. • Complete the Fee Schedule by entering data electronically. Items in green require Contractor data input.
• Print, sign, and include a copy in proposal.
• In addition, upload the completed Excel spreadsheet as a separate attachment with your proposal.
o Save as: Company Name
o Protect your workbook
• See Sample on next page
City of West Covina Request for Proposals
FEE SCHEDULE
SAMPLE
City of West Covina Request for Proposals
ATTACHMENT E
SCOPE OF SERVICES WITH APPENDICES
Appendix A – Tree Pruning Methods
Appendix B – City Contractor Work List
Appendix C – City Tree Inventory List
Appendix D – Specifications for Procuring Container Grown Landscape Trees Appendix E – Stormwater Best Management Practices
Appendix F – Double Staked Tree Drawing
City of West Covina Request for Proposals
SCOPE OF SERVICES
1. GENERAL DESCRIPTION
The intent and purpose of this scope of services is to provide a level of tree maintenance that will present a safe, pleasing, and desirable appearance. The Contractor shall maintain all areas identified herein at such levels. The City’s Deputy Director of Public Works, or designated representative, shall be the sole judge as to the adequacy and quality of the tree maintenance services.
The scope of services generally consists of complete, continuous, consistent and safe tree maintenance of a variety of species throughout the City. Tree maintenance may consist of pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist services, inventory and banner hanging work.
When used in this scope of services, the following terms shall have the following meanings:
a) “Public Works Department Representative” or “City’s Representative” shall refer to the City’s Deputy Director of Public Works, or designee. b) “Tree” refers to both woody trees and palms, unless otherwise specified.
The Contractor shall provide all labor, equipment, and materials necessary to perform the scope of services in accordance with the specifications set forth herein. The work shall be done in accordance with the current The Greenbook: Standard Specifications for Public Works Construction.
The scope of work includes the following, in accordance with the specifications set forth herein:
a) Contractor will perform complete prunes on approximately 5,500 City trees in the grid each year over a seven-, five- or three-year period, as determined by the City at contract award.
b) Contractor will perform complete prunes on approximately 1,000 palm trees each year.
c) Contractor will perform a combination of Tree Aesthetic Trimming via Aerial Unit or Climbing, on approximately 7,000 City trees over a five-year trim cycle in the City’s landscape maintenance districts. This would equal approximately 1,400 trees each year.
The number of trees indicated here are estimates to date based on the City’s tree inventory system. The exact number of trees to be pruned at any one time will be City of West Covina Request for Proposals
determined when specific addresses and locations are provided at contract award and updated each year, as needed.
2. LICENSE REQUIREMENTS
Contractor shall possess all contractor’s licenses in form an class as required by all applicable laws with respect to all the work to be performed under this contract; including but not limited to a valid State of California Class C‐27 (Landscape Contractor} and Class C‐61/D‐49 (Tree Service Contractor) in accordance with the provisions of the Contractor’s License (California Business and Professions Code, Section 7000, et. Seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded.
3. WORK HOURS
The Contractor shall accomplish all normal work required by this scope of services between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday (“normal working hours”). The Public Works Department Representative may grant, on an individual basis, permission for Contractor to perform services outside of normal working hours, provided that no maintenance functions that generate noise that would cause annoyance to residents of the area shall be commenced before 7:00 a.m.
During normal working hours, Contractor’s project team assigned to West Covina shall not perform work to any other person or entity without prior permission from the Public Works Department Representative.
4. SUPERVISION & STAFF
The Contractor shall assign a supervisor to be on site each working day during normal working hours. The assigned supervisor and project staff shall have skills, expertise, training, and experience in arboriculture, including pest control, soils, fertilizers and plant identification. The supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the scope of services and specifications.
5. UNIFORMS
Contractor’s staff performing work for West Covina shall wear company uniforms, to include company shirts with the company’s name and the individual’s name, and shall exhibit a clean, neat professional appearance.
6. PUBLIC RELATIONS
Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner, which will cause the least possible interference and annoyance to the public.
7. COMMUNICATIONS
City of West Covina Request for Proposals
The Contractor shall provide a cellular telephone to each supervisor. Each supervisor shall carry the telephone on his/her person always during the workday for communication with the City’s Representative. Each supervisor shall be on call 24 hours per day for emergencies and shall respond to a call from the City’s Representative regarding an emergency condition within one (1) hour.
8. RESPONSE TIMES
During normal working hours, Contractor shall respond to a non-emergency tree issue that is outside of the regularly scheduled trim cycle, within two (2) working days of a written notification by the Public Works Department Representative. After normal working hours, Contractor shall respond to a request for emergency services within one (1) hour.
If Contractor fails to respond within the timeframes specified herein, City may cause necessary work, as determined by the Public Works Department Representative, to be performed by City crews or other contractors. City may deduct any costs incurred by the City from the payment for the month in which the work was performed.
9. VEHICLES AND EQUIPMENT
Maintenance – Contractor’s vehicles and equipment shall of the latest and most efficient design. Contractor’s vehicles and equipment be maintained both visually and operationally. Paint and body of vehicles shall be maintained in good condition with no visible rust or body damage. Contractor’s employees shall operate vehicles at all times in compliance of State or California Department of Motor Vehicles, Cal/OSHA, and all other applicable State and local requirements.
Signs – All Contractor vehicles shall have safety features and shall be painted a uniform color and shall bear in legible letters the Contractor’s name and the following wording on an affixed magnetic sign on both the driver and passenger doors when actively operating with the City limits:
“Contracted to Serve the City of West Covina”
“Tree Maintenance - (626) 939-8458”
Parking of Contractor’s Vehicles – Contractor shall not park Contractor’s vehicles overnight on City streets.
10.MEASUREMENTS
a) The size of all woody trees shall be determined by measuring the diameter at breast height (DBH). This is the diameter of the trunk at breast height, located four and one‐half (4.5) feet above the base of the trunk. For multi-trunk trees. Or trees that branch below four and one‐half feet, the diameter of the largest trunk at four and one‐half feet above base shall be used to determine the size.
City of West Covina Request for Proposals
b) Height shall be used to determine the size of the palms; and is measured from the base of the trunk to the bud initiation zone.
11.INCREASE OR DECREASE IN QUANTITIES
The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City Arborist or designated representative. Alterations, modifications or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City.
12.WORK LISTS
a) Grid Pruning ‐ The Public Works Department Representative will identify pruning locations by highlighting the corresponding streets on the map, which will be provided to the Contractor, along with a specific pruning assignment such as full trim, clean, raise, or palm trimming. The Contractor shall document all work onto a City Contractor Work List (Appendix B) and record the location, species, size, work type, quantity, unit costs and lump sum amounts for each tree trimmed. b) Park/Slope Tree Aesthetic Trimming – Aerial Unit
i) Park/Slope Tree Aesthetic trimming will be performed on trees located out of the public right-of-way that can be safely reached with an aerial unit. These trees are typically located within City parks, landscape maintenance districts (slope areas) and City facilities. The Contractor will be given specific locations for sites to be trimmed by the Public Works Department Representative prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being performed. Clean up and removal of all trimmings shall be included at no additional charge. ii) Trees designated by the City for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways (unless otherwise directed by the Public Works Department Representative). Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights.
Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance acceptable to the City’s Representative.
iii) The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.
All cuts shall be made sufficiently close 1/2 inch; to the parent stem so that City of West Covina Request for Proposals
healing can readily start under normal conditions. All limbs 2 inches or greater in diameter shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly.
c) Park/Slope Tree Aesthetic Trimming – Climber
i) Park/Slope Tree Aesthetic Trimming will be performed on trees located out of the public right-of-way that cannot be safely reached with an aerial unit that must be climbed in order to complete the necessary trimming. These trees may be located within City parks, landscape maintenance districts (slope areas) and City facilities. These trees are typically located within the higher reaches of the City’s landscape maintenance districts (slope areas) as well as areas of City parks that do not allow large vehicle access. The Contractor will be given specific locations for sites to be trimmed by the City’s Representative prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being performed. Clean up and removal of all trimmings shall be included at no additional charge. ii) Trees designated by the City for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways, unless otherwise directed by the Public Works Department Representative. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights.
Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance acceptable to the City.
iii) The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.
All cuts shall be made sufficiently close 1/2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. d) Removals and Plantings – The Public Works Department Representative will provide a work list consisting of location, tree species, size, work type, quantity, unit costs and lump sum amounts.
City of West Covina Request for Proposals
e) Inspection – The Contractor shall notify the Public Works Department Representative upon completion of each work list and shall not process any work list for invoicing until all sites on the list have been inspected by the Public Works Department Representative. Also, daily, or as required by the City, the Contractor or its supervisor may walk the project with the Public Works Department Representative for determining compliance with the specifications or to discuss required work. Any tree(s), which in the opinion of the Public Works Department Representative, have not been pruned, removed or planted according to the conditions of the specifications set forth herein shall be brought to the attention of the Contractor and, if not corrected, payment to the Contractor will not be made until the condition is corrected.
f) Service Requests and Location Lists – The Public Works Department Representative may give Contractor additional service requests and location lists each day, in addition to the weekly or grid schedule list. This work will be considered as normal work and not subject to emergency work cost or crew rental costs.
13.TREE SITE INVENTORY DATABASE
The City currently has over 34,000 tree sites (trees, stumps, vacant) inventoried with over 24,000 trees maintained in a computerized database and tree management software package. Contractor shall provide and maintain a computerized tree inventory system of all trees serviced for the City. The Contractor shall provide the Public Works Department with a state-of-the-art record keeping software system that allows the Public Works Department to monitor and maintain information regarding the City’s Urban Forest maintenance program. The system shall provide detailed information which includes GPS location of trees, species, site information, work histories, service requests, pictures of “before” and “after” trimming that is suitable for reproduction and summary reports. City staff shall be provided direct access to the software.
The Public Works Department currently utilizes the Arbor Access tree inventory system through West Coast Arborists, Inc. Contractor shall provide a comparable system and seamlessly migrate data to the new system within 30 days of receiving data from current system.
14.TREE INVENTORY LIST
All trees that are in the tract in which the Contractor is working, shall be recorded onto a City Tree Inventory List (Appendix E). The Tree Inventory along with the list of trees pruned/removed shall be given to the Public Works Department Representative monthly.
Each field on the inventory sheet should be filled in as follows:
a) Right-of-Way – The public right-of-way (and/or tree maintenance easement) as recorded in the development plans. The measurement will be the width of the City of West Covina Request for Proposals
parkway, or in areas in which there is no parkway, the designated footage beginning from the curb face.
b) Address – The house number and complete street name. If the tree is on the side of a corner house, the name of the intersecting street shall be included. c) Species – Species, including hybrids, varieties and cultivars. d) Diameter at Breast Height (DBH) – The measurement of the trunk diameter at
4.5 feet from the base. Multi‐trunk trees shall be recorded by using the DBH of the largest trunk followed by the letter M and the total amount of the trunks.
Example: A multi‐trunk tree with the largest trunk measuring 12 inches in diameter and having a total of 4 trunks would be recorded as 12M4.
15.WORK SITES
Work sites include, but are not limited to, parkways, medians, greenbelts, tree easements, parks and other City facilities.
16.DELETIONS
At the Public Works Department Representative’s option, any contract areas, work list or pruning map, or portion thereof, may be deleted or adjusted by notifying the Contractor in writing before work begins.
17.STANDARD CREW RENTAL
The standard crew is three (3) employees, one (1) chipper truck, one (1) chipper and all necessary hand tools. The crew equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work.
18.EMERGENCY RESPONSE WORK SCHEDULE
Emergency response work may be required to mitigate safety hazards outside of normal working hours.
a) Emergency response work is work performed after normal working hours (7 a.m. to 4 p.m., Monday through Friday, excluding holidays). Emergency response work does not include service requests and location lists assigned during normal working hours.
b) Emergency response work will not be performed without prior approval by the Public Works Department Representative unless a condition exists wherein it appears there is a danger of injury to persons or property.
City of West Covina Request for Proposals
c) The City reserves the right to cause any emergency response work deemed necessary by the Public Works Department Representative to be performed by the City crews or other contractors, at no cost to the Contractor. d) Emergency response and crew rental rates begin when the crew arrives on site and begins work, and end at the completion of the work requested by the City.
The City will not pay Portal to Portal.
19.SAFETY MEASURES
a) The Contractor shall comply with Cal/OSHA requirements for worker safety and applicable American National Standards Institute (ANSI) standards, including, but not limited to, Z133 Safety Requirements.
b) Any person working in proximity to electrical conductors shall be properly trained in electrical hazard recognition and avoidance, and possess the appropriate qualifications required by the State of California. c) Any dead tree, tree with excessive decay, or tree with a substantial defect such as a split, crack, or unstable root system, shall be reported immediately to the Public Works Department Representative.
d) The Contractor shall postpone any tree maintenance activity wherein a vehicle is in proximity and such activity has the likelihood of causing damage to the vehicle. In such instances, it is the responsibility of the Contractor to immediately notify the vehicle owner and request to have the vehicle moved to a safe location. Contractor shall report any abandoned vehicle to the West Covina Police Department.
20.PRESERVATION OF PROPERTY
a) The Contractor shall carefully protect from damage all trees, shrubs, ground covers, turf irrigation, water service, fences, sidewalk, buildings, automobiles, street lights, street signs, or any other facilities located on or adjacent to the job site.
b) Should any direct or indirect damage or injury result to any public or private property by or because of any act, omission, neglect or misconduct in the execution of work, on the part of the Contractor or the Contractor’s employees, such property shall be restored by the Contractor, to a condition equivalent to that existing before damage occurred.
c) The Contractor shall be responsible for the complete removal and replacement of trees requiring removal and/or replacement due to the Contractor’s faulty maintenance or negligence, as determined by the Public Works Department Representative. Replacement shall be made by the Contractor in the kind and City of West Covina Request for Proposals
size of tree as determined by the Public Works Department Representative.
Where there is a difference in value between the tree removed and the value of the replacement tree, City will deduct this difference from Contractor’s next monthly payment. In all cases, the value of any trees requiring removal and/or replacement will be determined by the Public Works Department Representative, using the latest Council of Tree and Landscape Appraisers – Guide for Plant Appraisal.
21.PRESERVATION OF WILDLIFE
Contractor shall take reasonable efforts to protect and preserve the nests, or nesting cavities, of beneficial birds and other beneficial animals, unless doing so would create a hazardous condition.
22.QUALITY OF WORK
All work performed by the Contractor shall comply with good arboreal practices within the industry for the particular species of trees being maintained. Work quality must be consistent with standards as specified in the International Society of Arboriculture’s (ISA) “Best Management Practices” and ANSI A300.
The Contractor shall be skilled in arboriculture and have the expertise necessary to perform all duties to the highest standard.
The Public Works Department Representative shall be the sole judge as to the adequacy and quality of the services provided by the Contractor.
23.DISEASE CONTROL
Any monocot or dicot species that is known to transmit an infectious disease prevalent in the landscape shall be pruned with handsaws, pole saws or reciprocating saws only. Prior to pruning, all saw blades must be sterilized by a ten (10) minute immersion in a bucket of water containing twenty‐five (25) percent chlorine bleach. A fresh solution shall be mixed daily. Each tree shall be pruned utilizing a blade that has been sterilized in this fashion, thereby preventing tree‐to‐tree disease transmission via the saw blade. After a tree has been pruned, the saw blade shall not be utilized again until it has been sterilized by the ten (10) minute immersion method described above.
24.RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of the Contractor or its employees in connection with the performance of this work.
25.CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORM WATER
POLLUTION PREVENTION
City of West Covina Request for Proposals
State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMPs). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association’s Handbook are provided for the Contractor’s reference. In addition, these BMP’s shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix G)
26.PERMITS AND LICENSES
Prior to the start of any work, the Contractor shall obtain all required City permits. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall be licensed in accordance with the California Business and Professions Code. The Contractor shall also obtain all other permits, licenses, certificates, or authorizations required by any governing body or entity.
27.TRAFFIC CONTROL PERMIT
When a street closure, lane closure, or detour is necessary for Contractor’s performance of work, the Contractor shall prepare and submit a permit application and shall attach two copies of the proposed traffic control signing, barricading and/or detour routing. The permit application and accompanying attachments will be reviewed by the City’s Traffic Engineer. Upon the Traffic Engineer’s approval, a no‐fee permit will be issued. No street closure, lane closure, detour or other work requiring traffic control shall commence prior to issuance of said permit.
28.SIGNS, BARRICADES, AND DELINEATORS
The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Temporary Traffic Control Handbook published by the California Inter‐Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual on Uniform Traffic Controls guidelines for traffic controls in construction and maintenance work zones unless otherwise approved by the City Engineer. During adverse weather or unusual traffic or working conditions, Contractor shall place additional traffic control devices as directed by the Public Works Department Representative.
29.HEALTH AND SAFETY TRAINING AND INSPECTIONS
Contractor shall be responsible for providing all employee health and safety training and personal protective equipment in accordance with applicable laws and regulations potential hazards that may be encountered in performance of the work and provide copies of the certified training records upon request by the City. Contractor shall be responsible for proper maintenance and/or disposal of Contractor’s and its employees’ personal protective equipment and material handling equipment. The Contractor will be City of West Covina Request for Proposals
responsible for all work zone safety inspections and regular training of all staff setting up any traffic control.
30.PRUNING – GENERAL REQUIREMENTS
a) Complete pruning includes: raising the canopy height for building and right-of-way clearance, eliminating deadwood, crossing branches, and other safety concerns; shaping and thinning for the health for the health of the tree and for aesthetics. b) Pruning shall be in strict accordance with all standards and methods as prescribed by the International Society of Arboriculture (Appendix A). c) The Contractor shall prune to retain the natural structure of each tree species, unless otherwise directed by the Public Works Department Representative, and have the knowledge and ability to determine each tree species response to pruning. Pruning patterns shall be consistent so that visual continuity is maintained, and the value of all City trees pruned is increased. d) The use of chain saws shall be restricted to those cuts that cannot be made with hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and other cutting devices shall be kept sharpened, to make a clean final cut, with the bark intact and free from stripping or shredding. Wound dressings are not permitted.
e) Pruning cuts shall be made carefully and at the proper location; this will be back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge.
f) Branch cuts shall be kept as small as possible to prevent excessive decay. No live branch greater than eight (8) inches in diameter (measured at the base of the branch) shall be removed without authorization from the Public Works Department Representative, unless said branch is weakly attached or has other significant defect.
g) Limbs, measuring two (2) inches or greater in diameter, shall be removed using the three‐cut method (Appendix A).
h) When pruning mature trees, no more than twenty‐five (25) percent of the leaf‐ bearing canopy should be removed. Live Oaks are limited to ten (10) percent. i) When reducing the length of a limb back to a lateral branch, the lateral should be at least one-third the diameter of the portion removed. j) Young trees shall be pruned primarily to improve structure (Appendix A). k) Private trees that are encroaching upon a City sidewalk or street, and are not City of West Covina Request for Proposals
providing proper height clearance requirements, shall be raised on the street‐side only to mitigate nuisance or hazard. The cost shall be adjusted to one-half that for complete raise.
l) The use of climbing spurs, gaffs, or any other climbing device that causes puncture wounds is prohibited, except for aerial rescue efforts, or during removals. m) The Contractor shall not prune any tree(s), which have been pruned by a resident or homeowner and have been trained, cut, or sheared in such a way to form a hedge, espalier, or picturesque shape, and have not been trained in the normal landscape shade tree standard of pruning. Such trees shall not be recorded on the work list. These trees are to be noted, and the Contractor shall inform the Public Works Department Representative of them by address.
n) Any inappropriate piece of metal, wire, rubber, wood, or other material that is damaging the growing tissue of a tree or predisposes the tree to irreparable damage in the future, shall be removed. If it is determined that the material cannot be removed without further damage to the growing tissue of the tree, it shall not be removed, but necessary actions shall be taken to reduce the impact of this material to the tree by cutting out as much of the exposed surface of it as possible. o) Vines that are entwined on the trunk or throughout the limb structure shall be removed with caution, avoiding injury to tree.
31.PRUNING – WORK TYPE DESCRIPTIONS
Below are descriptions of the types of work may be assigned to the Contractor. All general requirements for pruning shall be followed.
a) Grid Pruning – Grid pruning means routine tree pruning per pre‐designated districts/grids on a scheduled cycle or any grouping of seven (7) or more trees near one another, within an approximate 200‐yard radius, and shall be paid as grid pruning even when off the regularly scheduled district/grid plan. b) Full Pruning – The objective is to improve tree structure, reduce wind sail effect, allow for improved light penetration, provide proper clearances, and to remove dead or other undesirable limbs.
Selective pruning shall be implemented; any or all pruning techniques shall be applied depending on the requirements of each tree. These include structural pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown restoration.
c) Crown Raise – In areas where raises are specified, no other type of pruning shall be done. A crown raise is removal of lower branches only, to provide proper height clearance. Fourteen and one-half (14.5) feet clearance is required over streets, City of West Covina Request for Proposals
where applicable. Nine (9) feet clearance is required over parkways and sidewalks.
Eleven (11) feet clearance is required over equestrian trails. To avoid destroying the natural structure of small trees, they shall not be raised to the afore mentioned specifications. Instead, such trees shall be pruned to reduce the length of the obstructing limbs.
d) Crown Cleaning – In areas where cleaning is specified, no other type of pruning shall be done. Crown cleaning is the removal of dead, dying, diseased, broken and weakly attached branches. Crown cleaning shall also include crown raise, when needed to provide proper clearance.
e) Crown Reduction – In areas where height issues are specified, no other type of pruning shall be done. Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again.
The lateral to which a branch or trunk is cut should be at least one‐half the diameter of the cut to be made.
f) Palm Pruning – Palm fronds are to be removed so that a 90‐degree angle is achieved. The angle shall be measured from the horizontal axis of the growing point base.
All dead fronds, flower stalks and fruit stalks shall be removed and cut as close to their base as possible without damaging adjacent fronds or trunk tissue. Loose petioles from previous pruning operations shall be removed carefully.
When pruning palms in the Phoenix genus it is imperative to sterilize all pruning equipment to avoid possible tree‐to‐tree transmission of the disease Fusarium oxysporum.
32.SELECTIVE PRUNING
When performing any of the types of pruning, it is imperative to employ selective pruning to prevent over pruning. If any tree in an assigned area requires a lesser amount of pruning than what has been assigned, only that which is necessary will be performed.
33.TREE REMOVALS
a) All tree removal operations shall be in strict accordance with the methods prescribed by the International Society of Arboriculture. b) Trees designated for removal by the Public Works Department Representative will be marked with a dot, using white paint, on the trunk, just above the root collar of the tree. If for any reason there is doubt regarding the trees(s) to be removed, the Public Works Department Representative will be contacted before work commences.
City of West Covina Request for Proposals
c) Felling is permitted provided it can be safely achieved without endangering surrounding property and will not interfere with vehicular traffic. A tag line(s) shall be used to direct fall always. All bystanders shall be kept at a safe distance from the work site.
d) Trees too large to fell shall be removed in sections. Each section shall be cut into a size that can be handled easily and safely by one tree worker. If section is too heavy for one worker, it shall be rigged and lowered to the ground. The means of lowering shall be acceptable to the Public Works Department Representative. e) Stump grinding shall be incorporated with the removal of the tree and performed on the same day. The underground service alert regional notification center (Dig Alert) must be called prior to the start of the removal list, to allow enough time for each site to be marked before work begins.
f) The depth of stump grind shall be no less than eighteen (18) inches below lowest surface grade. The grind shall comprise the entire stump below soil surface and any uplifted portion of the soil caused by the root flare. Exposed roots, whether in the public right-of-way or private property, shall be traced and ground or chopped out to a depth of no less than eight (8) inches below the lowest surface grade. If irrigation is damaged it shall be repaired immediately. The site shall be backfilled with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped down to allow for as little settling as possible. All excess wood chips and soil shall be hauled away. When complete, the work site shall be level and at the original soil grade of the surrounding area.
34.TREE PLANTING AND STAKING
a) Trees to be planted by the Contractor shall comply with the Specifications for Procuring Container Grown Landscape Trees (Appendix D). b) All trees shall be planted according to the standards prescribed by the International Society of Arboriculture. Contractor shall comply with the standard plan for tree planting, as per Standard Plans for Public Works Construction (SPPWC), Std. Plan No 518-3, Sheet 2 (Appendix H).
c) Contractor shall comply with DigAlert requirements, as set forth in California Government Code section 4216 et seq., before the excavation of any tree‐planting site.
d) Prior to planting, the natural root flare must be identified. Any soil that may be covering the root flare must be removed. The planting hole shall be dug to a size of two times the width of the root ball, leaving the bottom firm, to prevent the tree from settling. The container shall be removed carefully to prevent root or stem damage; the tree shall not be pulled by the stem. If the container does not come City of West Covina Request for Proposals
off easily, it shall be cut on one or more sides, from top to bottom, to allow its removal. Circling roots shall be separated and spread outward. Densely matted roots that cannot be teased apart shall be cut cleanly in two places. e) The tree shall be lifted by the root ball only and carefully placed in the planting hole. The root ball shall be oriented so that the tree stands vertically, with the top of the root ball approximately one to two inches higher than the soil grade. Backfill shall be native soil only with no rocks greater than three inches diameter. Soil shall not be placed on top of the root ball. Contractor shall displace air pockets in the backfill by moderately tamping with shovel handle and watering in. Contractor shall check for settling and add backfill if necessary. To avoid compaction of the soil, Contractor shall not tamp the backfill with excessive pressure or use broad, heavy objects.
f) Any tree that can stand upright without support and would be able to withstand prevailing winds along with yearly Santa Ana wind occurrences shall not be staked. g) If upon determining a tree cannot support itself, two stakes of good quality treated lodge pole pine not exceeding eight (8) feet in length and no more than two and one‐half (2.5) inches in diameter shall be used. The stakes shall be placed in a northwest / southeast configuration to give maximum support during heavy wind conditions and placed outside the root ball, avoiding any damage to roots. Stakes shall be pounded down until sufficiently stable. The top of the stakes interfering with branch structure shall be cut off below the lowest branch where the tree’s growth habit permits.
h) Trees shall be tied to stakes using rubber cinch ties, thirty‐two (32) inches in length, attached by a method of a figure eight loop between the tree trunk and each stake.
Ties shall be attached to stakes with galvanized nails driven into the stakes. A minimum of two (2) ties shall be used, placed high enough on the trunk to support the crown. Additional ties shall be placed lower on the trunk if needed to straighten.
Ties shall be taught enough to prevent trunk from rubbing against the stakes, but with a modest amount of slack to allow movement of the tree. Ties shall not be placed in branch crotches.
i) A plastic guard shall be placed loosely around the base of the trunk. j) A watering basin shall be placed around the outer edge of the root ball in areas where run‐runoff will occur. The basin shall be in the form of a tightly compacted soil berm, three inches in height. A watering basin is not required on turf or dense groundcover.
35.STAKING ONLY
The Contractor shall stake any tree that is unable to stand upright on its own, whether the existing stakes have become loosened, damaged, incorrectly installed, or where the City of West Covina Request for Proposals
stakes are absent. This work shall be performed in any area where the Contractor is pruning or where otherwise directed by the Public Works Department Representative. All the standards shall be followed. (See Appendix F)
36.STAKE REMOVAL
The Contractor shall remove stakes from trees that have achieved enough stability and grown to at least three (3) inches diameter at breast height (DBH). The stakes should be pulled completely out of the ground when possible; otherwise, the stakes shall be cut down below grade and backfilled with soil.
All undamaged tree stakes will be re-used. Any excess tree stakes that are suitable for re‐use shall be returned to the City. The Contractor shall dispose of all damaged tree stakes.
Stake removal shall be performed in any area where the Contractor is pruning, at no charge to the City.
37.REMOVAL OF BRUSH AND DEBRIS
The Contractor shall be responsible for the removal and disposal of all debris, such as wood, branches, brush, chippings, and any other material resulting from tree maintenance operations.
a) Contractor must comply with all State and local laws and regulations applicable to and governing such disposal.
b) Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long Horned Borer shall comply with the requirements of California Public Resources Code section 4714.5.
38.TREE WATERING
Watering is to be performed by a one‐man crew with a water truck for newly planted trees newly planted trees for the first year after initial planting or when the tree is determined to be established. Watering will occur along various routes including landscape medians, parkways, parks, and City facilities. At the discretion of the Public Works Department Representative, older trees will be included on a watering schedule to be provided by the City.
39.ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. Upon request by the City, the Contractor shall prepare detailed arborist reports, tree risk assessment reports, tree evaluations and site inspections. Reporting may be requested on as little as one tree to an entire Urban Forest population and is handled on a case‐by‐case basis.
City of West Covina Request for Proposals
40.MILLING
On occasion, the City may request for some of the removed urban forest material be milled down for special projects. The Contractor shall such services upon request. Milling can be performed on or off site.
City of West Covina Request for Proposals
APPENDIX A
TREE PRUNING METHODS
REASONS FOR PRUNING
The goals set forth in pruning are to improve tree structure, reduce hazards; provide clearances, and increase light and air penetration.
PRUNING CUTS
a. Each cut should be made carefully, at the correct location, leaving a smooth surface with no jagged edges or torn bark.
b. When pruning lateral branches, the final cut should be made back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge.
When removing a dead branch, the final cut should be made just outside the collar of living tissue. If the collar has grown along a branch stub, only the dead stub should be removed (Figure A1).
c. To prevent bark tearing, large limbs should be removed using the three-cut method. The first cut undercuts the limb one or two feet out from the parent branch or trunk. The second cut, made on the top, is positioned slightly farther out than the undercut. The third cut is to remove the stub (Figure A2). d. When it is necessary to reduce the length of the parent branch or leader, it should be cut back to a lateral branch that is large enough to sustain itself and to assume apical dominance. The cut should bisect the angle between the branch bark ridge and an imaginary line perpendicular to the branch or stem being removed (Figure A3).
City of West Covina Request for Proposals
STRUCTURAL PRUNING OF YOUNG TREES
No more than 25 percent of the canopy should be removed in any one year. a. Remove any broken, dead, dying, or damaged branches. b. Select and establish a dominant leader. This should be the strongest vertical stem. Co-dominant stems should be subordinated (cut back) or removed (Figure A4).
c. Select and establish the lowest permanent branch.
d. Select and establish scaffold branches. These branches should be well attached, appropriate in size, and have proper vertical and radial spacing. The vertical spacing should be at least 18 inches for larger tree species and 12 inches for smaller species.
e. Select and subordinate temporary branches below the lowest permanent branch and among the scaffold branches. These branches should be maintained while the tree is young.
City of West Covina Request for Proposals
CO-DOMINANT STEMS
If two branches develop from apical buds at the tip of the stem, they will form co-dominant stems. This type of branch structure produces narrow angles at the point of attachment that leads to the formation of included bark. This is bark that becomes enclosed inside the crotch as the two branches grow and develop. Included bark weakens the branch attachment, making the tree more prone to failure. It is best if one co-dominant stem is removed when the tree is young. When faced with large co-dominant branches in older trees, these should be suppressed by reducing the length of the least vigorous limb, thus slowing its growth. The relative size of a branch in relation to the trunk is more important for strength of branch attachment than is the angle of attachment.
PRUNING MATURE TREES
No more than 25 percent of the canopy should be removed in any one year. Pruning cuts should be kept as small as possible. The various pruning techniques are as follows. a. Crown Cleaning: Selective removal of dead, dying, diseased, broken, or weakly attached branches.
b. Crown Thinning: Includes crown cleaning as well as selective removal of branches to increase light and air penetration, reduce weight, and reduce windsail effect. The natural structure and shape of the tree should be preserved, and an even distribution of inner lateral branches should be maintained throughout the canopy. Care must be taken to avoid “lion tailing”, which is created when excessive laterals are removed from a limb, leaving most of foliage at the end, thus causing a weight imbalance.
c. Crown Raise: The removal of lower branches to provide proper height clearances. It is imperative that the crown is not raised excessively. A properly raised tree should have a well-formed, tapered structure, which will be able to uniformly distribute stress; approximately one-half of the foliage should originate from branches on the lower two-thirds of the tree. d. Crown Reduction: Used to reduce the size of a tree. Limbs are cut back to their point of origin or to a lateral capable of sustaining the remaining limb and assuming apical dominance. When a branch is cut back to a lateral, no more than one-fourth of its foliage should be removed. The remaining lateral branch must be at least one-third the diameter of the branch removed, but this rule may vary with species, age, climate, and the condition of the tree.
Consideration must also be given to the ability of the species to sustain this type of pruning.
e. Crown Restoration: Is the selective removal of water sprouts, and the removal of all stubs and dead limbs to improve a trees structure and form. This method of pruning is usually done because of storm damage or a previous topping. One to three vigorous sprouts on main branch stubs are selected to become permanent branches and to re-form a more natural-appearing crown. These sprouts may need to be subordinated to control apical growth and ensure adequate attachment for their size. Restoration usually requires several pruning jobs over several years.
City of West Covina Request for Proposals
APPENDIX B
CITY CONTRACTOR WORK LIST
City of West Covina Request for Proposals
APPENDIX C
CITY TREE INVENTORY LIST
City of West Covina Request for Proposals
APPENDIX D
SPECIFICATIONS FOR PROCURING CONTAINER GROWN LANDSCAPE TREES
PROPER IDENTIFICATION
All trees shall be true to name as ordered or shown on the planting plans and shall be labeled individually or in groups by species and cultivar (where appropriate).
COMPLIANCE
All trees shall comply with federal and state laws and regulations requiring inspection for plant disease, pests and weeds.
TREE CHARACTERISTICS AT THE TIME OF SALE OR DELIVERY
A. TREE HEALTH
1. Trees shall be healthy and vigorous; free of injury from biotic (insects, pathogens, nematodes, etc.) and abiotic agents (herbicide toxicity, salt injury, improper irrigation, etc.).
2. The size, color and appearance of the leaves shall be typical for the time of year and stage of growth of the species/cultivar; and shall not be stunted, misshapen, tattered, discolored (chlorotic or necrotic) or otherwise atypical.
3. The length and diameter of shoot growth throughout the crown shall be typical for the age and size of the species/cultivar.
4. Overall height and trunk diameter shall be typical for the age, species/cultivar and container size.
B. CROWN
Central Leader: The best quality shade trees, and most evergreen trees, have a dominant or central leader or trunk that extends up to the top of the canopy. Shade trees of lesser quality have two or more leaders or trunks, which compete against each other.
Branches that have narrow angles of attachment and co-dominant stems tend to break at the point of attachment, especially when associated with included bark. Trees purchased from the nursery should have a single, relatively straight central leader and tapered trunk, free of co-dominant stems that compete with the central leader. The central leader should not have been headed. However, in cases where the original leader has been removed, an upright branch at least ½ (one-half) the diameter of the original leader just below the pruning point shall be present.
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
APPENDIX E
STORMWATER BEST MANAGEMENT PRACTICES
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
City of West Covina Request for Proposals
APPENDIX F
DOUBLE STAKED TREE DRAWING
City of West Covina Request for Proposals
ATTACHMENT F
CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT K, SECTION 5, INSURANCE)
City of West Covina Request for Proposals
CERTIFICATE OF INSURANCE
City of West Covina Request for Proposals
ATTACHMENT G
W-9
City of West Covina Request for Proposals
ATTACHMENT H
STATEMENT OF COMPLIANCE
City of West Covina Request for Proposals
STATEMENT OF COMPLIANCE
The undersigned declares that the Proposal submitted to provide tree trimming and tree maintenance services, as described in, and in response to City of West Covina RFP No. __________, was prepared in strict compliance with the instructions, conditions, and terms listed in the RFP, Scope of Services and Draft Agreement, with exceptions listed below, if applicable. At least one box for each item must be checked.
RFP Instructions and
Terms & Conditions:
No Exceptions Taken Exceptions Taken
Scope of Services: No Exceptions Taken Exceptions Taken Draft Agreement: No Exceptions Taken Exceptions Taken
If any exceptions are taken, this Statement of Compliance shall include a narrative that identifies each item to which the Proposer is taking exception or is recommending change, including the suggested re-wording of the contractual obligations or suggested change in the RFP, and identifies the reasons for submitting the proposed exception or change. When available, please reference specific line-item numbers as provided in the RFP. The City reserves the right to rule as non-responsive and reject any Proposals that are not accompanied with the required documentation as described above.
Signature Date
Printed Name and Title Name of Proposer
[Attach a separate sheet(s) detailing each exception being taken, if applicable] City of West Covina Request for Proposals
ATTACHMENT I
SAMPLE AGREEMENT
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
1 [Name of Contractor]
Form Revised February 2023
MAINTENANCE SERVICES AGREEMENT
BETWEEN
CITY OF WEST COVINA
AND
_____________________________
THIS MAINTENANCE SERVICES AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and ___________, a [the state where incorporation/organization occurred] [type of organization (corporation, limited liability company, limited partnership, etc.)] (“Contractor”).
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to ______________, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services attached hereto as Exhibit “A,” incorporated herein by this reference.
1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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2 [Name of Contractor]
Form Revised February 2023
rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
1.3. Performance Standards; Liquidated Damages.
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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3 [Name of Contractor]
Form Revised February 2023
(a) Performance Standards. Contractor’s performance of the work to be performed pursuant to this Agreement will be continuously evaluated by the Public Works Department. The methods and standards by which Contractor’s performance will be evaluated include, but are not limited to, reviewing, sampling, conducting inspections, surveying, and assessing complaints.
Failure to perform work in accordance with the specifications of this Agreement is considered unacceptable. The Deputy Director of Public Works, or his/her designee, may provide notice to Contractor of any deficiency, any incident of failure to comply with the specifications set forth in this Agreement or any other unsatisfactory performance.
Contractor shall immediately correct any deficiency, incident of failure to comply with the specifications, or unsatisfactory performance and shall explain to the Deputy Director of Public Works, or his/her designee, in writing within seven (7) working days from the date of receipt of the notice of the deficiency, incident, or other unsatisfactory performance, how and when the performance will be returned to acceptable levels and Contractor’s plans to ensure the unsatisfactory performance will be prevented in the future. After considering the deficiency, incident, or unsatisfactory performance, the Deputy Director of Public Works, or his/her designee, may excuse the deficiency, incident, or unsatisfactory performance or elect any remedy provided by this Agreement. (b) Liquidated Damages.
(i) If Contractor fails to meet specified performance requirements, the City may, in lieu of other remedies provided by law or this Agreement, assess liquidated damages in the amounts set forth herein and deduct them from the next monthly payment to Contractor. However, neither the provision of a sum of liquidated damages for nonperformance or inadequate performance nor the City’s acceptance of liquidated damages shall be construed to waive the City’s right to reimbursement for damage to its property or indemnity against third party claims.
(ii) The amounts of liquidated damages set forth herein have been set in recognition of the following circumstances existing at the time of formation of this Agreement:
(1) All the time limits and acts required to be performed by Contractor are of the essence of this Agreement;
(2) Contractor is experienced in the performance of the work required by this Agreement;
(3) The Agreement contains a reasonable statement of the work to be performed in order that the expectations of the parties are realized. The expectation of City is that the work will be performed with due care in a workmanlike, competent, timely, Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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4 [Name of Contractor]
Form Revised February 2023
and cost-efficient manner while the expectation of the
Contractor is a realization of a profit through the ability to perform the work in accordance with the terms and conditions of this Agreement at the prices set forth in the fee schedule; (4) The parties are not under any compulsion to contract; (5) Contractor’s acceptance of the assessment of liquidated damages against it for unsatisfactory and late performance is by agreement and willingness to be bound as part of the consideration being offered in connection with award of this Agreement to Contractor; and
(6) The liquidated damages specified herein represent a fair approximation of the damages the City would incur as a result of Contractor’s failure to meet the performance standard as to each item for which an amount of liquidated damages is
specified.
(iii) Liquidated damages will be assessed as follows:
(1) Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) for each calendar day that the Contractor fails to complete work in accordance with the agreed upon work schedule. City will notify Contractor in writing within twenty-four (24) hours of a failure to provide services in accordance with the work schedule.
(2) If Contractor fails to meet any specification identified in Exhibit A, City will notify Contractor in writing of such failure within seventy-two (72) hours. Contractor shall cure the failure within seventy-two (72) hours of receipt of such notice. If such failure is not corrected within such twenty-four (24) hour period, Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) per failure identified by City, per occurrence. City will assess liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) per failure identified for each calendar day the failure continues until the performance failure is corrected to the City’s satisfaction. (3) In addition to the amounts set forth above, the City may impose remedies in accordance with the Performance Requirements Summary, attached hereto as Exhibit “C” and incorporated herein, if the performance criteria detailed therein is not met to acceptable standards as determined by the Deputy Director of Public Works or his/her designee.
1.4. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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5 [Name of Contractor]
Form Revised February 2023
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.5. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.6. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.
1.7. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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6 [Name of Contractor]
Form Revised February 2023
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).
Contractor’s total compensation shall not exceed _______ Dollars ($ _____.00).
2.2. Amendments to the Scope of Services. The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the Scope of Services or to omit portions of the work so described as may be deemed necessary or expedient by the City. Contractor may also request alterations, modifications or deviations from the work described in the Scope of Services by submitting a written request to the City detailing the requested alteration, modification, or deviation and the basis therefor and the proposed increase or decrease to Contractor’s compensation that would result from such alteration, modification or deviation. Any requested alteration, modification, or deviation requires prior written approval of the City. Any changes to the Scope of Services will be memorialized in an amendment to this Agreement executed by the City Manager and Contractor. It is specifically understood that oral requests and/or approvals of such changes to the Scope of Services shall be barred and are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The services shall be performed in strict compliance with the project schedule agreed to by City and Contractor, which may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on __________, 20__, unless previously terminated as provided Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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7 [Name of Contractor]
Form Revised February 2023
herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of two (2) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Contractor, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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8 [Name of Contractor]
Form Revised February 2023
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence, Ten Million Dollars ($10,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile 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 work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
By execution of this Agreement, the Contractor certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.
Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section.
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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9 [Name of Contractor]
Form Revised February 2023
(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement. Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
(ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.
If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to 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.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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10 [Name of Contractor]
Form Revised February 2023
employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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11 [Name of Contractor]
Form Revised February 2023
Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
_________________
_________________
_________________
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: _________________ Tel: _________________
Fax: _________________
Email: ________________
Fax: _________________
Email: _______________
Attn: _________________ Attn: _________________
6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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12 [Name of Contractor]
Form Revised February 2023
City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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13 [Name of Contractor]
Form Revised February 2023
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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14 [Name of Contractor]
Form Revised February 2023
and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.23. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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15 [Name of Contractor]
Form Revised February 2023
6.25. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ [Name]
[Mayor or City Manager]
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Maria-Luisa Olea
Risk Management
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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16 [Name of Contractor]
Form Revised February 2023
EXHIBIT A
SCOPE OF SERVICES
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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17 [Name of Contractor]
Form Revised February 2023
EXHIBIT B
CONTRACTOR’S PROPOSAL
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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18 [Name of Contractor]
Form Revised February 2023
EXHIBIT C
PERFORMANCE REQUIREMENTS SUMMARY
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract. .
80 [Name of Contractor]
Form Revised February 2023
Required Service/Tasks Performance
Indicator
Deductions for Failure
to Meet Performance
Indicator*
Compliance Comments
A. CONTRACT COMPLIANCE
1. Fines by Regulatory and
Governmental Agencies
Fined by a local, regional, State or
Federal regulatory or
governmental agency as a result
of the Contractor's negligence or
failure to comply with any Federal,
State, or local rules, regulations,
or requirements.
$500 per occurrence plus
any fine(s) charged to the
City by a regulatory or
governmental agency.
☐ Yes
☐ No
☐ N/A
2. Violation of the National
Pollutant Discharge
Elimination System
Discharge of debris into storm
drains and/or gutter.
$500 per occurrence plus
any fines by regulatory
and governmental
agencies plus any
remediation cost. Also,
possible suspension or
termination for default of
Agreement.
☐ Yes
☐ No
☐ N/A
B. REPORTS/DOCUMENTATIONS
1. Daily/Weekly/Monthly/
Quarterly Reports, as agreed
upon during initial meeting
between City and Contractor
or as directed by City
Submitted to Public Works
Superintendent
daily/weekly/monthly, as agreed
by City and Contractor or as
directed by City.
$50 per day per report
that is late or not
submitted.
☐ Yes
☐ No
☐ N/A
2. Additional Reports As Required Filed within time frame requested. $50 per day per report that is late or not
submitted.
☐ Yes
☐ No
☐ N/A
3. Maintenance Schedule
Calendar
Submitted to Public Works
Superintendent within 2 weeks
from Agreement Effective Date.
$50 per day per report
that is late or not
submitted.
☐Yes
☐No
☐N/A
4. Work Location Schedule
Checklist
Submitted to Public Works
Superintendent at each weekly
meeting.
$50 per day per report
that is late or not
submitted.
☐Yes
☐No
☐N/A
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract. .
81 [Name of Contractor]
Form Revised February 2023
5. Irrigation Maintenance Log Recorded at each controller outlining daily maintenance
activities that adhere to schedule.
$50 per day that
activities are not
recorded as required.
☐Yes
☐No
☐N/A
C. EMPLOYEES
1. Contractor Not Providing
Adequate Employees
Contractor must provide enough
employees to perform the work
requested.
$200 per employee per
day that is missing from
the jobsite.
☐ Yes
☐ No
☐ N/A
2. Staffing Staffing levels are equal or
exceed contract requirements.
$200 per occurrence. ☐Yes
☐No
☐N/A
3. Uniform Uniforms shall be worn at all
times by all employees on the
job.
$50 per employee, per
occurrence.
☐Yes
☐No
☐N/A
4. Maintain Knowledge of Safety
Requirements
Completion of training of all
accepted standards for safe
practices related to the work.
$50 per employee, per
occurrence.
☐Yes
☐No
☐N/A
D. SUPERVISOR/MANAGERS
1. Change in Project Manager Contractor shall notify the City in writing of any change in name or
address of the Project Manager.
$50 per occurrence. ☐ Yes
☐ No
☐N/A
2. Makes Site Inspections Sites inspected each shift or as required by Agreement.
$50 per occurrence.
☐ Yes
☐ No
☐N/A
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract. .
82 [Name of Contractor]
Form Revised February 2023
Required Service/Tasks Performance
Indicator
Deductions for Failure
to Meet Performance
Indicator*
Compliance Comments
3. Competent Supervisory Staff Responsiveness to complaints and requests; maintain good work
records, and acceptable level of
service.
$100 per occurrence. ☐ Yes
☐ No
☐N/A
4. Provide Adequate Supervision
and Training
Agreement specifications met. $50 per occurrence plus
suspension.
☐ Yes
☐ No
☐N/A
5. Supervisors speak and
understand English
On-site supervisor can
communicate in English with City
Public Works Superintendent or
designee.
$100 per day for use of
non English-speaking
supervisor plus
suspension.
☐ Yes
☐ No
☐N/A
E. CONTRACT
ADMINISTRATION
1. Insurance Certifications Certifications submitted before implementation of Agreement and
on a timely basis there-after.
$200 per day;
work/Agreement
suspension; possible
termination for default of
Agreement.
☐ Yes
☐ No
☐N/A
2. Record Retention &
Inspection/Audit Settlement
Maintain all required documents
as specified in Agreement.
$200 per occurrence. ☐Yes
☐No
☐N/A
3. Use of Subcontractor without
Approval and/or Authorization
Obtain City’s written approval
prior to subcontracting any work.
$500 per occurrence
plus suspension;
possible
termination for default of
Agreement.
☐Yes
☐No
☐N/A
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract. .
83 [Name of Contractor]
Form Revised February 2023
Required Service/Tasks Performance
Indicator
Deductions for Failure
to Meet Performance
Indicator*
Compliance Comments
4. License and Certification All license and certifications required to perform the work.
State of California Class C‐27
(Landscape Contractor) and
Class C‐61/D‐49 (Tree Service
Contractor) Contractor’s License
$200 per day;
suspension; possible
termination for default of
Agreement.
☐Yes
☐No
☐N/A
5. Assignment and Delegation Contractor shall not assign its rights or delegate its duties under
this Agreement, or both, whether
in whole or in part, without the
prior written consent of City.
$200 per day the City is
not informed of this
change; suspension;
possible termination for
default of Agreement.
☐Yes
☐No
☐N/A
6. Safety Requirements Comply with all applicable State of California Occupational Safety
and Health Administration
(Cal/OSHA).
$500 per occurrence;
suspension; possible
termination for default of
Agreement.
☐Yes
☐No
☐N/A
F. SCOPE OF SERVICES
1. ALL SITE INSPECTION AND
REPORTING PER
REQUIREMENTS
As required in the Scope of
Services.
$100 per occurrence. ☐Yes
☐No
☐N/A
2. ALL MANAGEMENT AND
SUPERVISION
As required in the Scope of
Services.
$100 per occurrence. ☐Yes
☐No
☐N/A
3. TREE MAINTENANCE
a. Grid Pruning, Routine Tree
Trimming / Pruning
100% of designated trees
trimmed within 30 days; pruning
meets ANSI A300 Standards;
<5% require rework. Notification
of completion to be provided to by
Public Works Superintendent or
designee.
$100 per tree not trimmed
on time or not meeting
standard
☐Yes
☐No
☐N/A
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract. .
84 [Name of Contractor]
Form Revised February 2023
b. Emergency Tree
Trimming/Removal
As required in the Scope of
Services. Initial response within 2
hours; resolution within 24 hours;
95% compliance
$250 per late response or
failure to resolve within
24 hours
☐Yes
☐No
☐N/A
c. Tree Removal As required in the Scope of
Services. Completed within 10
business days; stump removal
initiated within 15 days; site
cleared of debris as directed by
Public Works Superintendent or
designee.
$200 per missed deadline
or incomplete restoration
☐Yes
☐No
☐N/A
d. Stump Grinding/Removal 95% of removals within 30 days; area filled and leveled properly as
directed by Public Works
Superintendent or designee.
$150 per stump not
completed or improperly
filled
☐Yes
☐No
☐N/A
e. Tree Planting Planted during proper season; per
city specs; 90% healthy growth
after 1 year
$100 per improperly
planted or dead tree
within first year
☐Yes
☐No
☐N/A
f. Tree Inventory and
Inspection
As required in the Scope of
Services. Annual update;
hazardous trees identified within
48 hours
$50 per missing record or
late risk assessment
☐Yes
☐No
☐N/A
g. Clearance Trimming for
Infrastructure
As required in the Scope of
Services. As identified or
requested
$75 per violation not
corrected within timeframe
☐Yes
☐No
☐N/A
h. Debris Cleanup and
Disposal As required in the Scope of
Services.
$100 per site left
uncleaned or with
improper disposal
☐Yes
☐No
☐N/A
AGENDA ITEM NO. 8
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: November 18, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF AWARD OF CONTRACT FOR REQUEST FOR PROPOSALS (RFP NO. 2026-01) FOR TREE TRIMMING AND TREE MAINTENANCE SERVICES TO WEST COAST ARBORISTS, INC.
RECOMMENDATION:
It is recommended that the City Council:
1. Award the contract for Request for Proposals (RFP) No. 2026-01 for tree trimming and tree maintenance services to West Coast Arborists, Inc.
2. Authorize the Acting City Manager to negotiate and execute a Maintenance Services Agreement, in such final form as approved by the City Attorney, with West Coast Arborists, Inc. for tree trimming and tree maintenance services, for a term of 5.5 years, beginning January 1, 2026 and ending June 30, 2031, in an amount not to exceed $3,623,146 (which includes 25% for additional work as approved by the City Manager).
3. Authorize the City Manager to approve change orders and amendments to the agreement, provided that West Coast Arborists, Inc.'s total compensation does not exceed $3,623,146.
BACKGROUND:
The Public Works Department is responsible for maintenance of all City-owned facilities, public infrastructure and its urban forest. Of the 34,000 active tree sites maintained in the inventory database, the City of West Covina maintains approximately 24,000 trees located within public rightsof-way, parks, and City facilities. Routine tree trimming, maintenance, and emergency response services are necessary to ensure public safety, preserve the urban forest, and enhance the City’s appearance.
Since 1997, West Coast Arborists, Inc. (WCA) has been providing tree maintenance services for the City of West Covina. The Maintenance Services Agreement had a term through June 30, 2025.
Currently, the agreement with WCA is being extended on a month-to-month basis while the City conducted the formal Request for Proposals process.
This staff report was originally presented at the City Council meeting held on November 4, 2025, and was continued to the November 18, 2025, City Council meeting at the direction of the City Council.
5/27/26, 2:06 PM AgendaQuick™ – View Agenda Item
https://www.westcovina.gov/193/Current-Meetings-Agendas 1/5 DISCUSSION:
In compliance with the City’s procurement requirements, staff issued the Request for Proposals (RFP No. 2026-01) on July 10, 2025, seeking qualified contractors to provide comprehensive tree trimming and maintenance services. The RFP included options for various service levels, including:
Regular tree trimming and pruning - 3-, 5- (current) and 7-year cycles Grid LMD/Slope Tree Aesthetic Trimming (Aerial and Climbing) – 5- and 7-year cycles Grid Palm Tree Pruning – 2-year cycle (current)
Tree removals and stump grinding
Emergency and storm response
Tree planting and establishment care
Inventory management and data reporting
Arborist services
Tree Health Care Services
The RFP was advertised and sent out to subscribers through the City’s third-party website, Planet Bids.
A mandatory pre-proposal meeting was held on July 24, 2025, and was attended by thirteen (13) tree maintenance contractors.
The City received seven (7) proposals by the submission deadline, August 14, 2025. A three (3) person review panel evaluated the proposals based on qualifications, experience, proposed work plan, understanding of the City’s needs, and cost competitiveness using the following criteria:
Criteria Maximum
Points
Completeness of Proposal 20
Relevant Experience and Qualifications of Proposed
Project Team
30 Capacity to Perform 30
Proposed Cost 20
Total 100
The seven (7) bidders ranked as follows:
Contractor Name: Ranking: Average Score:
Great Scott Tree Services, Inc. 1 82
Mariposa Tree Management Inc. 2 81
West Coast Arborists, Inc. 3 80
North Star Land Care 4 76
United Pacific Services, Inc. 5 71
Greenfield Landscaping and
Maintenance Inc. 6 68
Golden West Arbor Services 7 65
Upon reviewing the scores, the top five (5) bidders were invited to interview and present their tree inventory / maintenance software applications and were provided with specific questions to be 5/27/26, 2:06 PM AgendaQuick™ – View Agenda Item
https://www.westcovina.gov/193/Current-Meetings-Agendas 2/5 addressed during their presentation.
After thorough evaluation, West Coast Arborists, Inc. was determined to be the most qualified firm to provide the required services. The contractor demonstrated:
Proven municipal experience with similar-sized tree inventories Certified arborists on staff
Modern equipment and safety record compliance
Pricing structure with scalable service options.
West Coast Arborists, Inc. has demonstrated the ability to adapt to the City’s operational needs, including providing prompt emergency response during and after regular business hours, while maintaining flexibility to adjust trimming cycles in coordination with other service requests. The most recent example of their ability to respond was the windstorm in January 2025, where they responded with Public Works staff to clear large branches, downed trees and assist with clearing right of ways. WCA worked the night of the windstorm and days afterward to assist with removal of tree debris throughout the City, limiting the impact on residents and businesses.
Staff exercised the City's right to negotiate with WCA pursuant to Section 10.6 (DISCLAIMERS AND RESERVATION OF RIGHTS) of the RFP. Staff negotiated with WCA for an agreement term of fiveand one-half (5.5) years that maintains current pricing for the first two and one-half (2.5) years with a maximum allowable CPI increase of 4% for years 3, 4 and 5. The agreement is structured such that there is no minimum guarantee of work for WCA. The agreement provides flexibility to the City to address the current fiscal budget and tree trimming and tree maintenance services can be scaled appropriately based on performance and available funding. Attachment No. 7 contains the current fee schedule with pricing good through 2028.
WCA is a 53-year-old firm that specializes in providing tree maintenance services for public agencies. Since beginning work in the community, WCA has routinely demonstrated the requisite job knowledge, experience, and qualifications to perform tree maintenance services. Their services include:
Geographic Information System (GIS) Mapping and Database System This GIS system helps the City to actively track tree maintenance schedules, identify fiscal year tree species, and respond to inquiries from the community. The GIS system has also proved beneficial in documenting service request histories for claim-related issues.
Certified Arborist Services
The City regularly consults with WCA's designated arborist to evaluate tree species in the community. These services help staff to identify diseases and health issues and take appropriate action to improve tree health. When necessary, detailed “Arborist Reports” are prepared for an additional fee.
Proactive Customer Service Approach
WCA is quick to respond to emergency situations, tree maintenance requests, and assist with grant proposals for our community. The firm is also a dedicated partner, participating in community events such as Earth Day and Arbor Day.
Contract Term
Section 2-330(a) of the West Covina Municipal Code states: "Unless otherwise approved by the city council, the maximum duration for any agreement for goods and/or services shall not exceed five (5) years. Prior to approving any agreement with a duration that exceeds five (5) years, the city shall 5/27/26, 2:06 PM AgendaQuick™ – View Agenda Item
https://www.westcovina.gov/193/Current-Meetings-Agendas 3/5 document the rationale for entering into the agreement and why such agreement is in the best interest of the city."
As outlined above, pursuant to staff's negotiations with WCA, WCA has agreed to a 5.5-year term and to maintain their current pricing from January 1, 2026 through June 30, 2028. Starting July 1, 2028, WCA will increase their rates by the percent increase by the Consumer Price Index. The agreement allows a maximum annual increase of 4%. The pricing negotiated with WCA provides a significant savings to the City versus the proposed rates from the other bidders.
Therefore, based on the pricing offered by WCA as well as their demonstrated ability to perform tree maintenance services, staff believes it is in the best interest of the City to approve an agreement with a term of 5.5 years.
LEGAL REVIEW:
The City Attorney's Office has reviewed the draft agreement and approved it as to form and will approve the final form of the agreement prior to execution.
OPTIONS:
The City Council has the following options:
1. Adopt staff's recommendation; or
2. Provide alternative direction.
ENVIRONMENTAL REVIEW:
The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) of the CEQA Guidelines, as it involves routine maintenance of existing public infrastructure.
Prepared by:
Renee M. G. Chavez, Management Analyst I
Additional Approval:
Roxanne E. Lerma, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The annual cost of services for Fiscal Year 2025-2026 is $504,400 not to exceed $630,500 based on the negotiated contract pricing with an additional 25% for selected service options and City priorities to be approved by the City Manager.
There is no fiscal impact as funding for services is available in the approved FY2025-2026 Public Works Maintenance Budget.
Fund Account No. Amount
General Fund 110.503.61.52.63.00.61.61300 $30,000
Gas Tax 124.503.61.52.65.00.61.61300 $30,000
Maintenance District No. 1 181.503.61.52.64.00.61.61300 $12,500 Maintenance District No. 2 182.503.61.52.64.00.61.61300 $16,000 Maintenance District No. 3 183.503.61.52.64.00.61.61300 $4,000 Maintenance District No. 4 184.503.61.52.64.00.61.61300 $51,600 5/27/26, 2:06 PM AgendaQuick™ – View Agenda Item
https://www.westcovina.gov/193/Current-Meetings-Agendas 4/5 Maintenance District No. 6 186.503.61.52.64.00.61.61300 $11,600 Maintenance District No. 7 187.503.61.52.64.00.61.61300 $11,600 Citywide Maintenance District 188.503.61.52.62.00.61.61300 $325,500 Sewer Tax 189.503.61.52.66.00.61.61200 $11,600
Total $504,400
Future years’ costs will be budgeted accordingly, and will be contingent upon available funding and satisfactory performance. Based upon available funds, staff will provide City Council options for tree maintenance in future fiscal years.
Attachments
Attachment No. 1 - RFP 2026-01 Tree Trimming and Tree Maintenance Services Attachment No. 2 - City of West Covina Grid Trim Map
Attachment No. 3 - City of West Covina LMD Map
Attachment No. 4 - RFP Addendum No. 1
Attachment No. 5 - RFP Addendum No 2
Attachment No. 6 - RFP Proposed Fee Schedule Comparison Attachment No. 7 - WCA 2026 and Current Rate Schedules
Attachment No. 8 - West Coast Arborists, Inc. Proposal
Attachment No. 9 - Great Scott Tree Services, Inc. Proposal Attachment No 10 United Pacific
Attachment No. 11 - West Covina MSA - West Coast Arborists - January 1 2026 CITY COUNCIL GOALS & OBJECTIVES:
Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
A Well-Planned Community
Enhance City Image and Effectiveness
5/27/26, 2:06 PM AgendaQuick™ – View Agenda Item
https://www.westcovina.gov/193/Current-Meetings-Agendas 5/5 1 West Coast Arborists, Inc.
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MAINTENANCE SERVICES AGREEMENT
BETWEEN
CITY OF WEST COVINA
AND
WEST COAST ARBORISTS, INC.
FOR
TREE TRIMMING AND TREE MAINTENANCE SERVICES
THIS MAINTENANCE SERVICES AGREEMENT is made and entered into as of January 1, 2026 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and WEST COAST ARBORISTS, INC., a California corporation (“Contractor”).
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to provide tree trimming and tree maintenance services, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Contractor responded to City’s Request for Proposals No. 2026-01 dated July 10, 2025, incorporated via this reference as if fully set forth herein, and Contractor’s response to the Request for Proposals was a material inducement to the City ultimately entering into this Agreement; and
E. City’s City Council authorized the Acting City Manager to execute this Agreement at its November 4, 2025 meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code ATTACHMENT NO. 11
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of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of 3 West Coast Arborists, Inc.
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Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
1.3. Performance Standards; Liquidated Damages.
(a) Performance Standards. Contractor’s performance of the work to be performed pursuant to this Agreement will be continuously evaluated by the Public Works Department. The methods and standards by which Contractor’s performance will be evaluated include, but are not limited to, reviewing, sampling, conducting inspections, surveying, and assessing complaints.
Failure to perform work in accordance with the specifications of this Agreement is considered unacceptable. The Public Works Director, or his/her designee, may provide notice to Contractor of any deficiency, any incident of failure to comply with the specifications set forth in this Agreement or any other unsatisfactory performance.
Contractor shall immediately correct any deficiency, incident of failure to comply with the specifications, or unsatisfactory performance and shall explain to the Public Works Director, or his/her designee, in writing within seven (7) working days from the date of receipt of the notice of the deficiency, incident, or other unsatisfactory performance, how and when the performance will be returned to acceptable levels and Contractor’s plans to ensure the unsatisfactory performance will be prevented in the future. After considering the deficiency, incident, or unsatisfactory performance, the Public Works Director, or his/her designee, may excuse the deficiency, incident, or unsatisfactory performance or elect any remedy provided by this Agreement.
(b) Liquidated Damages.
(i) If Contractor fails to meet specified performance requirements, the City may, in lieu of other remedies provided by law or this Agreement, assess liquidated damages in the amounts set forth herein and deduct them from the next monthly payment to Contractor. However, neither the provision of a sum of liquidated damages for nonperformance or inadequate performance nor the City’s acceptance of liquidated damages shall be construed to waive the City’s right to reimbursement for damage to its property or indemnity against third party claims.
(ii) The amounts of liquidated damages set forth herein have been set in recognition of the following circumstances existing at the time of 4 West Coast Arborists, Inc.
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formation of this Agreement:
(1) All the time limits and acts required to be performed by Contractor are of the essence of this Agreement;
(2) Contractor is experienced in the performance of the work required by this Agreement;
(3) The Agreement contains a reasonable statement of the work to be performed in order that the expectations of the parties are realized. The expectation of City is that the work will be performed with due care in a workmanlike, competent, timely, and cost-efficient manner while the expectation of Contractor is a realization of a profit through the ability to perform the work in accordance with the terms and conditions of this Agreement at the prices set forth in the fee schedule;
(4) The parties are not under any compulsion to contract; (5) Contractor’s acceptance of the assessment of liquidated damages against it for unsatisfactory and late performance is by agreement and willingness to be bound as part of the consideration being offered in connection with award of this Agreement to Contractor; and
(6) The liquidated damages specified herein represent a fair approximation of the damages the City would incur as a result of Contractor’s failure to meet the performance standard as to each item for which an amount of liquidated damages is
specified.
(iii) Liquidated damages will be assessed as follows:
(1) Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) for each calendar day that Contractor fails to complete work in accordance with the agreed upon work schedule. City will notify Contractor in writing of a failure to provide services in accordance with the work schedule.
(2) If Contractor fails to meet any specification identified in Exhibit A, City will notify Contractor in writing of such failure. Contractor shall cure the failure within seventy-two (72) hours of receipt of such notice. If such failure is not corrected within such seventytwo (72) hour period, Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) per failure identified by City, per occurrence. City will assess liquidated damages in the amount of Two Hundred Fifty Dollars 5 West Coast Arborists, Inc.
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($250.00) per failure identified for each calendar day the failure continues until the performance failure is corrected to the City’s satisfaction.
(3) In addition to the amounts set forth above, the City may impose remedies in accordance with the Performance Requirements Summary, attached hereto as Exhibit “D” and incorporated herein, if the performance criteria detailed therein is not met to acceptable standards as determined by the Public Works
Director or his/her designee.
1.4. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.5. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.6. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.
1.7. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, 6 West Coast Arborists, Inc.
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pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. City agrees to pay Contractor in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein (“Fee Schedule”). Contractor’s total compensation shall not exceed Three Million Six Hundred Twenty-Three Thousand One Hundred Forty-Six Dollars ($3,623,146.00), as follows:
(a) For the period commencing January 1, 2026 and ending June 30, 2026, Contractor’s total compensation shall not exceed Three Hundred Fifteen Thousand, Two Hundred Fifty Dollars ($315,250.00).
(b) For the period commencing July 1, 2026 and ending June 30, 2027, Contractor’s total compensation shall not exceed Six Hundred Thirty Thousand, Five Hundred Dollars ($630,500.00).
(c) For the period commencing July 1, 2027 and ending June 30, 2028, Contractor’s total compensation shall not exceed Six Hundred Thirty Thousand, Five Hundred Dollars ($630,500.00).
(d) For the period commencing July 1, 2028 and ending June 30, 2029, Contractor’s total compensation shall not exceed Six Hundred Fifty-Five Thousand, Seven Hundred Twenty Dollars ($655,720.00).
(e) For the period commencing July 1, 2029 and ending June 30, 2030, Contractor’s total compensation shall not exceed Six Hundred Eighty-One Thousand, Nine Hundred Forty-Eight Dollars and Eighty Cents ($681,948.80). (f) For the period commencing July 1, 2030 and ending June 30, 2031, Contractor’s total compensation shall not exceed Seven Hundred Nine Thousand, Two Hundred Twenty-Six Dollars and Seventy-Five Cents ($709,226.75).
2.2. Amendments to the Scope of Services. The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the Scope of Services or to omit portions of the work so described as may be deemed necessary or expedient by the City. Contractor may also request alterations, modifications or deviations from the work described in the Scope of Services by submitting a written request to the City detailing the requested alteration, modification, or deviation and the basis therefor and the proposed increase or decrease to Contractor’s compensation that would result from such alteration, modification or deviation. City will pay Contractor for approved additional services in accordance with the Fee SChedule.
Contractor acknowledges and agrees that additional services must be approved in writing by the City Manager. Any requested alteration, modification, or deviation requires prior written approval 7 West Coast Arborists, Inc.
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of the City. Any changes to the Scope of Services will be memorialized in an amendment to this Agreement executed by the City Manager and Contractor. It is specifically understood that oral requests and/or approvals of such changes to the Scope of Services shall be barred and are unenforceable.
2.3. Rate Increases. Commencing on July 1, 2028, Contractor may increase Contractor’s hourly rates on an annual basis in an amount equal to the 12-month percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area as reported by the Bureau of Labor Statistics, provided that no annual increase to the hourly rates shall exceed four percent (4.0%). The change in CPI-U will be calculated based on the 12-month percentage change in CPI-U from March to March. If Contractor desires to increase the hourly rates as set forth herein, Contractor shall provide written notice to the City on or before June 1, which notice shall include reference to the CPI index, the percentage change in the CPI-U, and the revised hourly rates based on such CPI increase. If written notice is submitted as required herein, the annual increase will go into effect on July 1. No increase to the hourly rates will be retroactive.
2.4. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed and the date of performance. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.5. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Contractor shall commence work on January 1, 2026. Contractor shall perform all services in strict compliance with the maintenance schedule agreed to by City and Contractor, which may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and Contractor. Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2031, unless previously terminated as provided herein or as otherwise agreed 8 West Coast Arborists, Inc.
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to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should:
a. Be adjudged bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of Contractor, whichever occurs last.
Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of 9 West Coast Arborists, Inc.
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termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence, Ten Million Dollars ($10,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
By execution of this Agreement, Contractor certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.
Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section.
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(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement. Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
(ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.
If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its agreement with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of 11 West Coast Arborists, Inc.
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West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of 12 West Coast Arborists, Inc.
Tree Trimming and Tree Maintenance Services
Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Merchants Landscape Services, Inc.
1510 S. Lyon St.
Santa Ana, CA 92705
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (714) 972-8200 Tel: (626) 939-8458
Email: [email protected]
Attn: Patrick Healy
Email: [email protected]
Attn: Public Works Director
6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all 13 West Coast Arborists, Inc.
Tree Trimming and Tree Maintenance Services
claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 14 West Coast Arborists, Inc.
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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation 15 West Coast Arborists, Inc.
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and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.23. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
16 West Coast Arborists, Inc.
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6.25. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager
CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
17 West Coast Arborists, Inc.
Tree Trimming and Tree Maintenance Services
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director
EXHIBIT A
SCOPE OF SERVICES
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
EXHIBIT B
CONTRACTOR’S PROPOSAL
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
EXHIBIT C
FEE SCHEDULE
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
EXHIBIT D
PERFORMANCE REQUIREMENTS SUMMARY
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
CONSIDER AN AGREEMENT FOR PUBLIC WORKS SERVICES WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING AND TREE MAINTENANCE SERVICES FOR A FIVE-YEAR TERM IN THE AMOUNT NOT TO EXCEED $760,000
ANNUALLY
PUBLIC WORKS
CITY COUNCIL
AUGUST 25, 2026
MATTHEW BOESPFLUG, PARKS AND LANDSCAPE CONTRACTS SUPERVISOR
BACKGROUND
❖WEST COAST ARBORISTS – CITY TREE
MAINTENANCE AND MANAGEMENT
▪ SERVING GLENDORA SINCE 1999
▪ OVER 12,000 CITY TREES
▪ THE CITY OF GLENDORA’S TREE MAINTENANCE SERVICES IS OVERSEEN BY
THE PUBLIC WORKS DEPARTMENT
▪ CURRENT TREE MAINTENANCE AGREEMENT EXPIRED ON JUNE 30, 2026 ON NOVEMBER 18, 2025 WCA ENTERED INTO A
CONTRACT WITH THE CITY OF WEST COVINA
• Includes cooperative purchasing language
• GMC 2.40.100(c)(8)
• WCA indicated their willingness to extend this
pricing to Glendora
• 5-year period with fixed costs until June 30, 2028
• Starting July 1, 2028 the annual cost may increase
up to 4% based on the CPI
• Annual cost not to exceed 760,000
NEW AGREEMENT
COMPARATIVE COSTS
Task List Projected cost to Glendora
West Covina
(WCA)
Azusa
(Northstar)
Pomona
(Mariposa)
Pruning $340,670 $371,980 $457,930
Tree Removal $183,810 $137,040 $250,305
Tree Planting $51,180 $64,730 $75,330
Service Request $106,160 $117,080 $174,007
Projected Annual Cost $681,820 $690,930 $957,680
Staff compared WCA’s West Covina contract with the Azusa and Pomona agreements using Glendora’s actual tree-maintenance activity from the past 3 years.
Awarding the Agreement to WCA based on West Covina’s contract avoids the time and cost of the RFP process, maintains service continuity, and ensures access to WCA’s resources for storm-related and other emergencies.
WEST COAST ARBORISTS
➢ Over 26 years working in Glendora
➢ Specialize in municipal arboriculture
➢ Sufficient equipment for specialized maintenance
of Ficus trees
➢ GSI mapping for tree inventory
RECOMMENDATIONS
THAT THE CITY COUNCIL:
1. Award an Agreement with West Coast Arborists, Inc. for Citywide Tree Trimming and Tree Maintenance Services for a five-year term in the amount not to exceed $760,000 annually during the term of the agreement;
2. Authorized a ten percent (10%) contingency in an amount not to exceed $76,000 annually during the term of the Agreement; and
3. Authorize the City Manager or his designee to execute the Agreement including minimal and/or non-substantive changes.
STAFF REPORT
TO: Mayor and Council Members DATE: August 25, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Consideration of an Agreement for Public Works Services to J. De Sigio Construction, Inc. for the Live Oak Water and Street Improvement Project for a total amount not to exceed $715,623
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, "A Resolution of the CITY COUNCIL OF THE CITY OF GLENDORA,
FINDING AND DETERMINING THAT AN EMERGENCY EXISTS WITH RESPECT TO THE NORTH LIVE
OAK AVENUE WATER AND STREET IMPROVEMENT PROJECT, AUTHORIZING AND APPROVING THE
PROJECT WITHOUT NOTICE FOR BIDS PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 1102, 20168 AND 22050";
2. Determine that the Live Oak Water and Street Improvement Project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15269(b), Emergency Projects, and direct staff to file a Notice of Exemption;
3. Approve and ratify the Agreement with J. De Sigio Construction, Inc. for the Live Oak Water and Street Improvement Project in the amount of $622,623;
4. Authorize a contingency amount not to exceed $93,000 for necessary change orders, resulting in a total authorized contract amount not to exceed $715,623; and
5. Authorize the City Manager or designee to execute the Agreement, approve necessary change orders within the approved contingency amount, subject to approval as to form by the City Attorney, and make minor, nonsubstantive revisions as necessary.
STRATEGIC FOCUS AREAS
Goal 4 - Sustainable Infrastructure
EXECUTIVE SUMMARY
The City of Glendora remains committed to providing safe, reliable, and efficient water service to the community.
Maintaining the City's water distribution system requires ongoing investment in aging infrastructure and timely response when infrastructure failures threaten public safety, property, and the continued delivery of essential services.
The water main located within the 300 and 400 blocks of North Live Oak Avenue experienced substantial deterioration, resulting in recurring leaks and failures. Due to the deteriorating condition of the existing pipeline and the increased likelihood of additional failures, City staff determined that immediate action was necessary to prevent further impacts to property, public health and safety, and the continued provision of water service.
The project is located adjacent to an elementary school, creating a limited opportunity to complete the work during the summer recess while minimizing impacts on students, parents, school staff, and neighborhood traffic. Given the deteriorated condition of the water main and the need to complete construction before the school year resumed, the City utilized its existing on-call contractor to perform the necessary improvements, allowing work to begin immediately without the delay associated with procuring a new construction contract.
The Live Oak Water and Street Improvement Project includes replacement of the deteriorated water main, reestablishment of water services, installation of fire hydrants, roadway restoration, and associated improvements.
Construction is currently underway and is anticipated to be substantially complete by the time this item is presented to the City Council.
Staff recommends that the City Council determine the project is exempt from CEQA, declare that an emergency condition existed, approve and ratify the Agreement with J. De Sigio Construction, Inc., and authorize the City Manager or designee to execute the Agreement and approve necessary change orders within the approved contingency amount.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora Water Division continually evaluates, maintains, and improves the City's water distribution system to provide reliable service and reduce the risk of infrastructure failures. When critical infrastructure deteriorates to a point where continued operation presents a risk to public safety, property, or essential public services, the City may utilize emergency procurement procedures pursuant to applicable State law and the Glendora Municipal Code.
California Public Contract Code Section 1102 defines an “emergency” as:
“A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” The water main located within the 300 and 400 blocks of North Live Oak Avenue experienced significant deterioration, resulting in recurring leaks and failures. Continued deterioration of the pipeline presented an increased risk of additional failures, property damage, service interruptions, and impacts to the continued delivery of essential water service.
Pursuant to Glendora Municipal Code Section 2.40.050 and applicable provisions of California State law, the Interim Public Works Director determined that an emergency condition existed and authorized the use of emergency procurement procedures to allow the necessary repairs to proceed without delay.
The City utilized its existing on-call contractor, J. De Sigio Construction, Inc., to complete the necessary improvements. The existing on-call agreement provided the City with an established procurement method and qualified contractor capable of responding immediately to urgent water infrastructure needs without the delay associated with initiating a new procurement process.
The requested City Council action will formally ratify the procurement action and approve the Agreement for the Live Oak Water and Street Improvement Project.
DISCUSSION
The City’s water distribution system is critical infrastructure that provides reliable water service to residential neighborhoods, businesses, schools, and public facilities throughout the community. Maintaining this system requires proactive replacement of aging infrastructure and timely response when failures occur.
The water main located along North Live Oak Avenue between the 300 and 400 blocks experienced substantial deterioration resulting in recurring leaks and failures. The continued operation of the deteriorated pipeline increased the likelihood of additional failures that could result in property damage, water service disruptions, and increased impacts to the surrounding community.
Recognizing the urgent nature of the deteriorating water main, the City utilized emergency procurement procedures to allow the necessary improvements to proceed without the delay associated with a traditional competitive procurement process. The City’s existing on-call contractor was previously selected through a competitive procurement process and established to provide timely response for urgent water infrastructure needs. Utilizing this existing agreement allowed work to begin immediately while maintaining compliance with applicable procurement requirements.
The project location adjacent to an elementary school created a limited construction window before the start of the school year. Completing the work during the summer recess minimized impacts to students, parents, school staff, and neighborhood traffic while allowing the City to address the deteriorated infrastructure before regular school operations resumed.
The project limits extend along North Live Oak Avenue from the 300 block through the 400 block within the City of Glendora.
The Live Oak Water and Street Improvement work includes:
Install of approximately 850 linear feet of 8-inch ductile iron water main Reestablishment of water service connections, including one 4-inch service connection and two 1-inch service connections
Installation of three new fire hydrants
Installation of ten in-line main valves
Upgrades to the Cullen Elementary School meter vault and service to meet current standards Excavation and removal of materials
Removal of existing asphalt concrete pavement
Restoration of the affected roadway
During construction, the Contractor is required to comply with all City specifications and maintain safe pedestrian and vehicular access through the work area. Traffic control measures are being implemented in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition, to minimize impacts on the traveling public.
All work remains subject to City inspection and acceptance to ensure compliance with project specifications, applicable standards, and City requirements.
Upon completion, the project will improve the reliability of the City's water distribution system, reduce the likelihood of future failures, minimize future service disruptions, and restore the roadway within the project limits.
FISCAL IMPACT
The total Agreement amount with J. De Sigio Construction, Inc. for the Live Oak Water and Street Improvement Project is $622,623. A contingency amount of $93,000 is requested for necessary change orders, resulting in a total authorized project amount not to exceed $715,623.
Sufficient appropriations are available in the FY2026-27 Adopted Mid-Cycle Budget in the Water Capital Projects Fund (502) project number 5526107.
Project Number Council Date Vendor Amount
Live Oak Water and Street Project, FY
2027,Fund 502 5526107 June 15, 2026 Not Applicable $2,016,800 Less Project Budget/Expenses
Design and Engineering 5526107 June 30, 2026 MNS Engineering Inc. $65,005 Construction (300-400 Block, 850 Linear
Feet) 5526107 August 25,2026
J. De Sigio Construction,
Inc. $622,623
Contingency (300-400 Block, 850 Linear
Feet) 5526107 August 25,2026
J. De Sigio Construction,
Inc. $93,000
Design & Construction (Remaining 1560
Linear Feet) 5526107 TBD TBD $1,236,712
Total Project Budget/Expenses $2,016,800
Approval of the Agreement and contingency amount will utilize existing Capital Improvement Program funding designated for water infrastructure improvements and will not require additional appropriations.
ENVIRONMENTAL DETERMINATION
The Live Oak Water and Street Improvement Project has been determined to be exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15269(b), Emergency Projects. The repairs and work authorized under the Agreement are immediately necessary to ensure the protection and preservation of the public's safety and welfare. Upon City Council determination, staff will file a Notice of Exemption.
Prepared By: Ivy Gonzalez, Management Analyst
Concurs With: Not Applicable
Reviewed By: Paul Zampiello, 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: Sean McPherson, Assistant Community Development Director Attachments
A_JDC_Public_Works_Contract.pdf
B_Notice_of_CEQA_Categorical_Exemption.pdf
C_Resolution_Live_Oak_Project.pdf
D_Live_Oak_Project_Presentation.pdf
AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between
CITY OF GLENDORA
and
J. DE SIGIO CONSTRUCTION, INC.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GLENDORA AND
J. DE SIGIO CONSTRUCTION, INC.
THIS AGREEMENT FOR PUBLIC WORKS 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 J. De Sigio Construction, Inc., a California corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”
RECITALS
A. Public Contract Code section 1102 defines “emergency” as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss impairment of life, health, property, or essential public services.” B. The water main located within the 300 and 400 blocks of North Live Oak Avenue has experienced substantial deterioration, which has caused recurring leaks and failures, resulting in damage to property. City staff determined that continued deterioration and the potential for additional failures presented an immediate risk to property, public health and safety, and the continued provision of essential water service. The City therefore determined that immediate repair and replacement of the affected water main were necessary and selected Contractor to perform certain emergency work.
C. Pursuant to Glendora Municipal Code (“GMC”) Section 2.40.050 and California state law, the Glendora Interim Public Works Director determined that an emergency situation existed, justifying the emergency procurement provisions set forth in the GMC, and authorized the work set forth in the Proposal Documents (as defined below).
D. The Parties desire to ratify and formalize the selection and work performed by Contractor as defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specification and requirements set forth in the Bid Documents for the Project (as each such terms are defined below), In compliance with all terms and conditions of this Agreement, and as described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-2 referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Live Oak Water and Street Improvement (the “Project”), including any documents or exhibits referenced therein (collectively, “Proposal Documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-3 interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(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 eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-4 (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 _______________
Julian De Sigio, III
Chief Executive Officer
(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, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-5 (b) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a Change Order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of 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 caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement,, or the Bid Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-6 acceptance by the City for the Project, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Bid Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.
The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-7
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work.
No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to fifteen percent (15%) of the Contract Sum or $93,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially affect the work in a manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C” and “C-1”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include:
list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-8 of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
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 $622,623 (Six Hundred Twenty-Two Thousand Six Hundred TwentyThree Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-9
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 Finance Director and/or the Contract Officer. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, 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 also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Contractor.
2.6 Retention.
City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-10 ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-11 six (6) months from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Julian De Sigio, III, Chief Executive Officer
David Scott Walker, Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-12 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, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification obligations to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-13 injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. The Product and Completed Operations coverage under the policy shall extend a minimum of three (3) years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. The policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically provide for a duty to defend on the part of the insurer. (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) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-14 policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (g) 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. (h) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-15 appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-16 (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this Contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, injuries or death of any person (including workers and the public), 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 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 (with legal counsel approved by City) 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; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-17 agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties. In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-18 Both the Performance Bond and Payment Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Payment Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work for the Project has been finally accepted by the City; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-19 ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the Project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the Project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-20 Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-21 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
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 Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-22 obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $3,600 (Three Thousand Six Hundred Dollars) as liquidated damages for each working day of delay in the performance of any of the services required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-23
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-24 effective at the time the City renders final payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-25 Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 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 (and the documents incorporated herein) is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-26
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
Julian De Sigio, III
Chief Executive Officer
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-27 [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-28 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:
J. DE SIGIO CONSTRUCTION, INC., a California
corporation
Name: Julian De Sigio, III
Title: Chief Executive Officer
Email: [email protected]
Name: David Scott Walker
Title: Vice President
Email: [email protected]
Address: 5055 Bleeker St., Baldwin Park, CA 91706
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.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Jul 29, 2026 | 11:14 AM PDT
Jul 22, 2026 | 5:26 AM PDT
Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-29 Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 Agreement – J. De Sigio (Live Oak Water and Street Improvements) 08.25.2026 01240.0006 2167705.2 7/20/2026 A-30 EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the Bid Documents for the Project entitled Live Oak Water and Street Improvement, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The scope of work entails replacement of a water mainline, reestablishing water services, fire hydrant installation, grinding asphalt, removal of existing asphalt concrete pavement, constructing new asphalt pavement and excavating and haul away of dirt. The work site is located from 300 N. Live Oak Avenue through 400 N. Live Oak Avenue in the City of Glendora.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Such reports and updates as required by the Contract Officer.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition; and shall observe and perform all traffic control safe protocols while working in the public right of way and upon any City facilities.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
The following sections of Article 5 shall be deleted in their entirety:
A. Section 5.1 (e) - Builder’s Risk Insurance.
B. Section 5.1 (f) - Pollution Liability Insurance.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Documents submitted as part of Contractor’s Proposal, and listed below:
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 C-2
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Documents, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1.
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 rates set forth in Exhibit “C-1” attached hereto shall apply only to authorized extra work under Section 1.10.
VI. The total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 C-3
EXHIBIT “C-1”
[Attached]
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Description Days to Perform Deadline Date
A. All Work 40 Working
Days
40 Days
following the
issuance of the
Notice to Proceed
from the City
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. City’s Contract Officer will identify the same concurrently with the issuance of the Notice to Proceed.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GLENDORA, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7 01240.0006 2167705.2 7/20/2026
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Docusign Envelope ID: 6A9EFACF-D0CC-8C05-823C-65A9E0B828B7
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF EXEMPTION
Project Title: Consideration to Declare a statutory exemption for the Live Oak Water and Street Improvement Project.
Project Locations: 300 and 400 blocks of North Live Oak Avenue Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 E Foothill Blvd., Glendora, CA 91741 Project Description: Replace and relocate 10” water main line to maintain public and safety health.
The City Council recommends the following exempt status / findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1 Existing Facilities
Statutory Exemption. Code Number: 15269(b) Emergency Projects Reasons why project is exempt: The project involves repair and replacement of an emergency water main line and asphalt repaving in existing infrastructure areas due to constant water main breaks.
Date:
Jeff Kugel, Director of Community Development Department The above recommended exempt status and findings were adopted by the following body:
City Council on
Date:
Moises Lopez, Interim Public Works Director (626) 914-8246 RESOLUTION (CC) 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA,
FINDING AND DETERMINING THAT AN EMERGENCY EXISTS WITH
RESPECT TO THE NORTH LIVE OAK AVENUE WATER AND STREET
IMPROVEMENT PROJECT, AUTHORIZING AND APPROVING THE
PROJECT WITHOUT NOTICE FOR BIDS PURSUANT TO CALIFORNIA
PUBLIC CONTRACT CODE SECTIONS 1102, 20168 AND 22050
THE CITY COUNCIL
City of Glendora, California
WHEREAS, California Public Contract Code section 1102 defines an “emergency” as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services;” and,
WHEREAS, Public Contract code § 22050 sets forth the procedure for the emergency contracting for public works and requires that, before a governing body takes any action, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency, as follows:
WHEREAS, the City of Glendora owns and operates a public water distribution system serving the residents and businesses of the City; and WHEREAS, the 2023 Water Master Plan identified North Live Oak Avenue as a priority corridor for water mainline replacement due to the age and deteriorating condition of the existing infrastructure resulting in increased failures and service interruptions; and WHEREAS, the existing North Live Oak Avenue water main had been identified as a priority improvement project for future programming, however the rate of water main failures and leaks along this corridor has increased at a rapid and exponential rate over the past six months, with over ten (10) water main breaks occurring that have impacted residents and access to a nearby school parking lot, creating a potential impact to public safety; and
WHEREAS, the City Council finds it necessary to immediately replace the aging water distribution mainline along North Live Oak Avenue and associated streets, together with the related street improvements, upon further field evaluation, it was determined that the deterioration of the water main is accelerating far beyond what was originally assessed in the Capital Improvement Project plans and the 2023 Water Master Plan, and that the frequency and extent of pipe segment failures indicate the pipeline has reached the end of its useful life, making continued spot repairs no longer a prudent or costeffective solution; and WHEREAS, Glendora Municipal Code section 2.40.050 authorizes emergency procurement when a breakdown in machinery, facilities or essential services requires the immediate procurement of goods, services or construction to protect the public health, welfare, safety, or property. The North Live Oak Avenue water main has experienced Resolution (LB) YYYY-## Page 2 of 4
more than ten (10) failures in the past six months, a rate that has increased exponentially, indicating that the pipeline has reached a deteriorated condition requiring immediate replacement. recent field evaluation has confirmed that the deterioration is accelerating far beyond what was originally assessed, and that the risk of a catastrophic mainline failure is imminent. Delaying the work would substantially increase the risk of a catastrophic mainline failure, unplanned service interruptions, damage to public infrastructure, and emergency repairs costs. In addition, the project is located directly adjacent to an elementary school, and the summer recess provides a limited and time sensitive opportunity to complete the work while minimizing impacts on students, school operations, traffic circulation, and the surrounding community. Delaying construction beyond the current summer recess window would require the work to be performed during the active school year, significantly increasing impacts on students, pedestrian safety, traffic circulation, and access to the school and neighboring residences. Accordingly, staff determined that immediate procurement is necessary to protect the public health, safety, and welfare and to preserve the reliability of the City’s water system.
NOW, THEREFORE, THE GLENDORA CITY COUNCIL OF THE CITY OF
GLENDORA, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Based on substantial evidence provided in the staff report accompanying this Resolution, the City Council hereby makes the following findings:
1. The 2023 Water Master Plan identified North Live Oak Avenue as a priority corridor for future water main replacement due to aging infrastructure. Since adoption of the Plan, and particularly over the past six months, the water main has experienced more than ten (10) failures at an accelerating and exponential rate, confirming the need for immediate replacement rather than continued programming for a future date; and
2. The North Live Oak Avenue Water and Street Improvement Project have been identified as a priority capital improvement project by the City of Glendora Public Works Department, with project locations along North Live Oak Avenue, Leadora Avenue, Comstock Avenue, and Whitcomb Avenue; and
3. The scope of work for the North Live Oak Avenue Water and Street Improvement Project includes the replacement of 975 linear feet of water mainline and associated street improvements; and
4. Replacement of the deteriorated water main is necessary to reduce the likelihood of additional failures, prevent catastrophic infrastructure failure, maintain reliable water service to customers, protect public infrastructure, reduce ongoing maintenance and emergency repair costs, and ensure the long-term reliability of the City's water distribution system; and
5. Field evaluation has confirmed that the rate of deterioration of the water main is accelerating far beyond what was originally assessed, and that the risk of a catastrophic failure is imminent if the work is not completed immediately
6. Immediate construction during the elementary school's summer recess will Resolution (LB) YYYY-## Page 3 of 4
significantly reduce impacts on students, school operations, pedestrian access, traffic circulation, and the surrounding community that would otherwise occur if construction were delayed until the school year. Failure to proceed immediately will result in the loss of this limited construction window, requiring the work to be performed during the active school year and substantially increasing community impacts.
SECTION 3. The City Council hereby finds, based on substantial evidence set forth in the staff report and these minutes, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action authorized herein is necessary to respond to the emergency. The City Council hereby declares that the circumstances described herein constitute an emergency within the meaning of California Public Contract Code sections 1102, 20168, and 22050 and Glendora Municipal Code section 2.40.050, approves the North Live Oak Avenue Water and Street Improvement Project as described in the accompanying staff report, and authorizes the Public Works Director and City Manager, or their designees, to proceed with emergency procurement and construction of the Project.
SECTION 4. The City Manager, or his designee, is hereby authorized and directed to take all actions necessary and appropriate to implement this Resolution, including but not limited to executing agreements, authorizing expenditures within the approved project budget, and coordinating with the Public Works Department to ensure timely commencement of design and construction activities consistent with the estimated project schedule
SECTION 5. The Mayor shall sign and the City Clerk shall certify the passage and adoption of this Resolution, shall enter the same in the Book of Original Resolutions, and this Resolution shall take effect and be in force on this date.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this __ day of _______, 2026.
BY:
DAVID FREDENDALL
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
DANNY ALESHIRE
City Attorney
Resolution (LB) YYYY-## Page 4 of 4
CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the __ day of ____, 2026, by the following vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
CONSIDERATION OF AN AGREEMENT FOR PUBLIC WORKS SERVICES TO J. DE SIGIO CONSTRUCTION, INC. FOR THE LIVE OAK WATER AND
STREET IMPROVEMENT PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $715,623
PUBLIC WORKS, WATER DIVISION
CITY COUNCIL
AUGUST 25, 2026
PAUL ZAMPIELLO, ASSISTANT PUBLIC WORKS DIRECTOR
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• Replace Deteriorated Water Main
• Prevent Additional Failures
• Improve System Reliability
• Complete Construction Before the Start
of the School Year
PURPOSE
LOCATION OF EMERGENCY REPAIR WORK ON
NORTH LIVE OAK AVENUE
Scope of Work
• Install approximately 850 LF of new 8”
inch ductile iron water main
• Water service reconnections
• Three new fire hydrants
• Ten new mainline valves
• School meter vault improvements
• Roadway restoration
EXISTING CONDITIONS
• DETERIORATED WATER MAIN
EXPERIENCING REPEATED FAILURES
• INCREASED RISK OF ADDITIONAL
BREAKS AND SERVICE
INTERRUPTIONS
• POTENTIAL IMPACTS TO
RESIDENTS, TRAFFIC, AND NEARBY
PROPERTIES
• ADJACENT TO AN ELEMENTARY
SCHOOL, REQUIRING
CONSTRUCTION DURING SUMMER
RECESS
EMERGENCY PROCUREMENT
Primary Responsibilities
• Emergency Conditions Required
Immediate Action
• Existing On-Call Contractor Had Already
Been Competitively Procured
• Immediate Mobilization Minimized
Impacts to Residents and the School
• Procurement Remained Consistent with
City Purchase Requirements
PROJECT IMPROVEMENTS
Scope of Work
• Replaces Aging Infrastructure
• Improves System Reliability
• Reduces Future Emergency Repairs
• Enhances Fire Protection
• Extends useful life of the Water System
PROJECT STATUS
Construction Status
• Construction if Underway
• Substantial Completion
Anticipated Before School
Resumes
• City Staff are Providing Inspection
Throughout Construction
PROJECT STATUS & FISCAL IMPACT
Fiscal Impact
•Construction Contract $622,623
•Contingency $93,000
• Total Authorization $715,623
Funding Source
• Water Capital Improvement
RECOMMENDATION
1. ADOPT A CITY COUNCIL RESOLUTION ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GLENDORA, FINDING AND DETERMINING THAT AN EMERGENCY EXISTS WITH RESPECT
TO THE NORTH LIVE OAK AVENUE WATER AND STREET IMPROVEMENT PROJECT, AUTHORIZING
AND APPROVING THE PROJECT WITHOUT NOTICE FOR BIDS PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 1102, 20168 AND 22050;
2. DETERMINE THAT THE LIVE OAK WATER AND STREET IMPROVEMENT PROJECT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15269(B), EMERGENCY PROJECTS, AND DIRECT STAFF TO FILE A NOTICE OF EXEMPTION;
3. APPROVE AND RATIFY THE AGREEMENT WITH J. DE SIGIO CONSTRUCTION, INC. FOR THE LIVE OAK WATER AND STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $622,623;
4. AUTHORIZE A CONTINGENCY AMOUNT NOT TO EXCEED $93,000 FOR NECESSARY CHANGE ORDERS, RESULTING IN A TOTAL AUTHORIZED CONTRACT AMOUNT NOT TO EXCEED $715,623; AND
5. AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT, APPROVE
NECESSARY CHANGE ORDERS WITHIN THE APPROVED CONTINGENCY AMOUNT, SUBJECT TO
APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND MAKE MINOR, NON-SUBSTANTIVE REVISIONS AS NECESSARY.
That the City Council: