PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 27 President
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that:
(i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 28 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
By:
___________________________________
Julian Miranda
City Manager
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
___________________________________
Adrian R. Guerra
City Attorney
ATTEST:
By:
___________________________________
Laura Nieto
City Clerk
CONTRACTOR:
Superior Pavement Markings, LLC
By:
___________________________________
Name: Darren Veltz
Title: President
By:
___________________________________
Name: (Insert Name)
Title: (Insert Title)
Address: Superior Pavement Markings, LLC
5312 Cypress St
Cypress, CA 90630
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DIGITAL SIGNATURE IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS TITLE 2 SECTION 22003.
IN ADDITION, THE APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01005.0001 2075480.1 12/28/2025 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the Project Documents for the Refresh Citywide Arterial Street Striping and Pavement Markings; P-1076, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Remove all existing striping, pavement markings, and raised reflective pavement markers and install new striping, pavement markings, and raised reflective pavement markers, including the installation of blue raised reflective pavement markers at all fire hydrant locations.
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. Not Applicable
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 State of California CA Manual on Uniform Traffic Control Devices, (CAMUTCD) 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
01005.0001 2075480.1 12/28/2025 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
01005.0001 2075480.1 12/28/2025 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates set forth in the Project Documents submitted as part of Contractor’s Proposal, and listed below:
01005.0001 2075480.1 12/28/2025 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 in the Project 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 total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
01005.0001 2075480.1 12/28/2025 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 Must be completed within 30 Calendar days starting from the day after the issuance of the Notice to Proceed II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. All work as specified in the Plans and Specifications III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01005.0001 2075480.1 12/28/2025 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF IRWINDALE, (“City”), has awarded to Superior Pavement Markings, LLC, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Refresh Citywide Arterial Street Striping and Pavement Markings; P-1076; 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)
01005.0001 2075480.1 12/28/2025 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)
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.
01005.0001 2075480.1 12/28/2025
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF IRWINDALE, (“City”), has awarded to Superior Pavement Markings, LLC, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Refresh Citywide Arterial Street Striping and Pavement Markings; P-1076; 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.
01005.0001 2075480.1 12/28/2025
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)
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.
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Irwindale
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)
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.
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
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 Irwindale, 5050 N. Irwindale Avenue, Irwindale, CA 91706.
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)
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)
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
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 Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
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)
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 , 2026
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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.
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 Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
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 .
(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 , 2026
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #18.G.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Construction of Arrow Highway Center Median Islands Improvement Project; P-1078
City Manager's Recommendation:
That the City Council (1) authorize the City Manager to enter into an agreement with KASA Construction, Inc. in the amount of $544,360 for the Arrow Highway Center Median Islands Improvement Project, subject to final approval as to form by the City Attorney's Office; (2) Approve a 15% project contingency in the amount of $81,654 to cover any unforeseeable conditions that may arise during construction; (3) adopt Resolution No. 2026-51-3862 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FY 2025-2026 ADOPTED BUDGET BY APPROPRIATING AN ADDITIONAL $225,000 FROM THE GENERAL FUND RESERVES TO THE ARROW HIGHWAY CENTER MEDIAN ISLAND (#45, #46, & #47) CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 8361".
Administrative Action:
Submitted/Prepared by:
Eddie Chan, Director of Engineering/ Building Official
Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
As part of the City's Capital Improvement Program ("CIP"), several center median islands along Arrow Highway were identified for renovation. The Arrow Highway Center Median Islands (#45, #46, and #47, CIP No. 8361) Improvement Project focuses on enhancing the visual appeal and environmental function of median islands. Median islands are often overlooked, but they play a key role in both traffic management and neighborhood aesthetics.
The improvement consists of low-maintenance landscaping, including drought-tolerant plants, irrigation, decorative rock, and lighting. The goal is to create more attractive streetscapes that contribute to community pride, while also supporting sustainability through reduced water usage and maintenance needs. The proposed medians are currently barren with minimal landscaping. These upgrades will significantly improve the urban environment and contribute to traffic-calming.
On May 1 and 8, 2026, a Notice Inviting Bids for the project was advertised in the San Gabriel Valley Tribune. The submission date for bids on PlanetBids platform was May 20, 2026, at 11:00 am. The City received three (3) bids with the following results:
No. Contractor Total Bid
1 KASA CONSTRUCTION, INC. $544,360
2 INLAND EMPIRE LANDSCAPE, INC. $623,403
3 MARINA LANDSCAPE, INC. $656,369*
*Marina’s bid, Item 1G on the bid schedule, had a discrepancy in the amount shown between the Electronic and Physical bid submittal. The total bid amount reflects the discrepancy accordingly.
Staff reviewed the bid proposals and found KASA CONSTRUCTION, INC. to be the lowest responsible bidder with a valid California contractor’s license, Department of Industrial Relations (DIR) registration, not barred from bidding on public work contracts, and having good references.
Staff recommends the contract be awarded to KASA CONSTRUCTION, INC in the amount of $544,360 for the Arrow Highway Center Median Islands Improvement Project.
It is anticipated that there will be a cost of $54,000 for work related to construction inspections and quality control. This work will be performed by one of the city’s consultants under the City’s existing On-Call As Needed Consulting Services.
Fiscal Impact:
The total cost of this project is $680,014 ($544,360 (Total Bid) + $81,654 (15% Contingency) + $54,000 (Construction Inspection & QC)). The adopted FY 2025-2026 budget currently includes $457,560 from
funding sources such as the General Fund and Gas Tax Fund for this project.
Adopting Resolution No. 2026-51-3862 authorizes the Finance Director to amend the FY 2025-2026 adopted budget by appropriating an additional $225,000 from the General Fund reserves to the CIP Project No. 8361 to cover the cost of this project as stated in this staff report.
Attachments:
1. Resolution No. 2026-51-3862
2. 06-24-2026 AWARD OF CONTRACT Arrow Hwy Center Median Islands Improvement Project P1078 - CONTRACT
Resolution No. 2026-51-3862
RESOLUTION NO. 2026-51-3862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FY 2025-2026 ADOPTED BUDGET BY APPROPRIATING AN ADDITIONAL $225,000 FROM THE GENERAL FUND RESERVES TO THE ARROW HIGHWAY CENTER MEDIAN ISLAND (#45, #46, & #47) CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 8361
WHEREAS, the project is identified as Arrow Highway Center Median Island (45, 46, & 47 CIP No. 8361) Improvement Project p-1078; and
WHEREAS, the project will include removal of existing and installation of new hardscape, landscape, irrigation, and lighting along the center medians of Arrow Highway; WHEREAS, the anticipated construction and all associated costs for this project is $680,014; and
WHEREAS, the total available funding in the FY 2025-2026 adopted budget for this project is currently $457,560; and
WHEREAS, a budget amendment to the adopted budget for FY 2025-2026 is requested to appropriate additional $225,000 from the General Fund reserves to cover the cost of this project; and
NOW, THEREFORE, the City Council of the City of Irwindale, California, does hereby resolve as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council hereby approve and authorize the Finance Director to amend the FY 2025-2026 adopted budget by appropriating an additional $225,000 from the General Fund reserves to be transferred to the Capital Projects Fund for the Arrow Highway Center Median Islands (#45, #46, & #47 CIP No. 8361) Improvement Project P-1078.
PASSED, APPROVED and ADOPTED this 24th day of June 2026. ________________________________
H. Manuel Ortiz, Mayor
Resolution No. 2025-51-3862
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, MMC, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-51-3862 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 24th day of June 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 1
AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between
CITY OF IRWINDALE
and
KASA CONSTRUCTION, INC
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 2
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF IRWINDALE AND
KASA CONSTRUCTION, INC
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 24th day of June, 2026 by and between the City of Irwindale, a charter city and California municipal corporation (“City”) and Kasa Construction, Inc, 15148 Sierra Bonita Lane, Chino, CA 91710 (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”
RECITALS
A. City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
D. Pursuant to the City of Irwindale Municipal Code and California state law, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize the selection of Contractor for performance of the services described herein and desire that the terms of that performance be as particularly defined and described herein.
F. Campaign Contributions: This Agreement is subject to Government Code section 84308 (commonly known as the Levine Act), as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024), unless otherwise exempt under subpart (a)(5)(B) of that section. Contractor shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Contractor, its, her, or his agent, or another party affiliated with Contractor. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Contractor's execution of this Agreement and no later than the Commencement Date.
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:
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 3 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 Project 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 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 Project Documents.
The Scope of Work shall include the proposal and any other documents submitted from Contractor to the City for the project entitled Arrow Highway Center Median Islands Improvement Project; P-1078 (the “Project”), including any documents or exhibits referenced therein (collectively, “Project Documents”), all of which are incorporated herein by this reference.
In the event of any inconsistency between the terms of the Project 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 California 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 California 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 California 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 4 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 California Labor Code Section 1771. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the 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 California 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 California 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 California Labor Code Section 1776; certify and make such payroll records available for inspection as provided by California Labor Code 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 California 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 the 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 California Labor Code Sections 1810 and 1811. As required under California 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 California 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 California Labor
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 5 Code. Pursuant to California 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. (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 _______________
Diana Kasbar,
President / Treasurer
(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 their 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 the City, its officers, employees or agents of the 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 6 the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) The 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) The 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 the 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) As applicable, the City will compensate Contractor to the extent required by California 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 the City, except such losses or damages as caused by the City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without the 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 Project Documents, or in any guarantee or warranty provided by any manufacturer or supplier of
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 7 equipment or materials incorporated into the work, whichever is later) after the date of final 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 Project 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 California 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 8
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 ten percent (10%) of the Contract Sum or Thirty Thousand Dollars ($30,000), 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”. 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 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 9 (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.
1.12 Further Responsibilities of the Parties
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 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.
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 Five Hundred Forty Four Thousand Three Hundred Sixty Dollars and 00/100 Cents ($544,360.00) (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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 10 attendance of Contractor at all Project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to the City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by the 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 the 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 the City, or as provided in Section 7.3, the 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 the 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 California Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by the City, the original invoice shall be returned by the 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.
The City will deduct a five percent (5%) retention from all progress payments. In accordance with California 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 California Public Contract Code Section 7107. In the event of a dispute between the City and Contractor, the
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 11 City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
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.
The City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. The City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. The City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. If the 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. The 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 the 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 12
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding One (1) year[s] 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:
Diana Kasbar, President / Treasurer
Sam Kasbar, Vice President / Secretary
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for the 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 the 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 the City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against the City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the 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 the 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 the City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Engineering, Eddie Chan, 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 the City to the Contract Officer. Unless
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 13 otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its principal officers, agents, or employees, perform the services required herein, except as otherwise set forth herein. The 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 the City and shall remain at all times as to the 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 the City. The 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. 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 the 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 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 14 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 the 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 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 15 (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 the 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 the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The 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 the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the 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, the City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the 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 the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 16 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 the 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 the 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 the 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 the City for review. (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 the City. The 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 the City.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 17 (p) Timely Notice of Claims. Contractor shall give the 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, 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, 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 the 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 18 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 the 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 the 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 the 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.
The City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. The 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”).
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 three (3) years duration, or in the event the Risk Manager determines that
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 19 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 California 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 California 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.
The 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.
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 the 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 the City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to the 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 20
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.
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 the 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 the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify the 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 the City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents, and 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 admissions, 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 the City sufficient notice of such court order or subpoena to allow it to raise appropriate objections.
(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 the 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 21 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 the City with sufficient opportunity to review, comment, or file appropriate objections to any response to discovery requests provided by Contractor. This right to review any such response, however, does not imply or mean the right by the City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, 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. To the extent applicable, 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 22 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: (i) a time extension, (ii) 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 (iii) an amount the payment of which is disputed by the City.
7.3 Retention of Funds.
Contractor hereby authorizes the 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 the City for any losses, costs, liabilities, or damages suffered by the City, and (ii) all amounts for which the City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, the 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 the City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect the 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 the 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 California Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 23
7.7 Liquidated Damages.
Because 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 Five Hundred Dollars and 00/100 Cents ($500.00) 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 California Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. 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, the 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 the 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
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 24 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 California Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment 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 the 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 the 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.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 25
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, Title 8 Section 1101 et seq. of the United States Code , 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 the City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse the City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the 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 Irwindale, 5050 N. Irwindale Ave, Irwindale, CA 91706, 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 and Electronic Signatures.
This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paperbased record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 26
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 or the City’s duly authorized official, as applicable. 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/
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 the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the 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 they are directly or indirectly interested, or in violation of any corporation, partnership, or association in which they are 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 California 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 they have not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
(Name)
(Title)
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 27
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that:
(i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
PW Agreement – Vendor/Contractor Name (Project Title, Plan No) Council Date 28 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
By:
___________________________________
Julian Miranda
City Manager
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
___________________________________
Adrian R. Guerra
City Attorney
ATTEST:
By:
___________________________________
Laura Nieto
City Clerk
CONTRACTOR:
KASA Construction, Inc.
By:
___________________________________
Name: Diana Kasbar
Title: President/Treasurer
By:
___________________________________
Name: Sam Kasbar
Title: Vice President/Secretary
Address: KASA Construction, Inc.
15148 Sierra Bonita Lane
Chino, CA 91710
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DIGITAL SIGNATURE IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS TITLE 2 SECTION 22003.
IN ADDITION, THE APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01005.0001 2075480.1 12/28/2025 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the Project Documents for the Project, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Perform demolition and earth work. Remove specified PCC pavers, vegetation, trees, trash, irrigation and construction debris. Remove and salvage atmospheric vacuum breakers and irrigation equipment. Construct and install decorative rocks and pavers, cobble stone, boulders, irrigation, planting, electrical, lighting, and signs and provide a 90 Day maintenance period
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. Not Applicable
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 Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with State of California CA Manual on Uniform Traffic Control Devices, (CAMUTCD) 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
01005.0001 2075480.1 12/28/2025 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
01005.0001 2075480.1 12/28/2025 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates set forth in the Project Documents submitted as part of Contractor’s Proposal, and listed below:
01005.0001 2075480.1 12/28/2025 C-2
01005.0001 2075480.1 12/28/2025 C-3
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item in the Project 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 total compensation for the services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
01005.0001 2075480.1 12/28/2025 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 Must be completed within 30 Working days
starting from the day after the issuance of the
Notice to Proceed
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. All work as specified in the Plans and Specifications III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01005.0001 2075480.1 12/28/2025 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF IRWINDALE, (“City”), has awarded to Kasa Construction, Inc. as Contractor (“Principal”), a Contract for the work entitled and described as follows:
Arrow Highway Center Median Island Improvement Project; P-1078; 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)
01005.0001 2075480.1 12/28/2025 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)
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.
01005.0001 2075480.1 12/28/2025
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF IRWINDALE, (“City”), has awarded to Kasa Construction, Inc. as Contractor (“Principal”), a Contract for the work entitled and described as follows:
Arrow Highway Center Median Island Improvement Project; P-1078; 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.
01005.0001 2075480.1 12/28/2025
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)
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.
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Irwindale
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)
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.
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
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 Irwindale, 5050 N. Irwindale Avenue, Irwindale, CA 91706.
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)
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)
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
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 Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
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)
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 , 2026
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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.
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 Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
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 .
(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 , 2026
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Item #18.H.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of the Safe Streets for All (SS4A) Comprehensive Safety Action Plan; P-1060 City Manager's Recommendation:
That the City Council (1) approve and accept the completion of the Safe Streets for All (SS4A) Comprehensive Safety Action Plan prepared by General Technologies and Solutions (GTS) LLC.; (2) authorize the City Clerk to record the Notice of Completion.
Administrative Action:
Submitted/Prepared by:
Eddie Chan, Director of Engineering/ Building Official
Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The City of Irwindale was awarded a Safe Streets for All (SS4A) Comprehensive Safety Action Plan (Action Plan) grant from the U.S. Department of Transportation Federal Highway Administration (FHWA) in the amount of $184,000. The Action Plan grant supports up to 80%
of the total cost of developing this Action Plan for the City and the City requires a 20% share cost as local match in the amount of $46,000. The total estimated cost to develop the Action Plan at grant submittal was $230,000.
On April 10, 2024, City Council awarded the contract for the development of the Safe Streets for All (SS4A) Comprehensive Safety Action Plan to General Technologies and Solutions (GTS) LLC in the amount of $183,860.00 plus a 10% project contingency of $18,386.00, bringing the approved total to $202,246.00.
On May 28, 2025, City Council approved and adopted the development of the Safe Streets for All Comprehensive Safety Action Plan. The final costs for the GTS contract were $183,860.
The total cost (GTS Invoices, Admin Cost, and Advertisement) for the development of a Safe Streets for All (SS4A) Comprehensive Safety Action Plan:
GTS $ 183,860.00
Administration Cost $ 6,744.00
Advertisement $ 959.09
Subtotal Cost $ 191,563.09
FHWA Grant Reimbursement Received ($ 153,250.47)
Total Cost $ 38,312.62
The total cost for the development of the Action Plan is $38,312.62, which is less than the total budgeted amount of $230,000.
It is recommended that the City Council accept the SS4A Comprehensive Safety Action Plan and authorize the City Clerk to record the Notice of Completion.
Fiscal Impact:
Funding for this project has been budgeted in the Adopted Budget under Capital Improvement Program Project (Account No.48-80-800-45300-8357). The total project cost is $38,312.62, which is $191,687.38 less than the budgeted amount of $230,000. Sufficient funding is available to pay this amount.
Attachments:
1. NOC SS4A Comprehensive Safety Action Plan
RECORDING REQUESTED BY: /
CITY OF IRWINDALE /
/
WHEN RECORDED MAIL TO: /
City of Irwindale /
Department of Public Works /
5050 N. Irwindale Avenue /
Irwindale, CA 91706 /
/
/
/
/
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION OF
PUBLIC WORK
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: Citywide
2. The full name of the owner is: CITY OF IRWINDALE.
3. The full address of the owner is: 5050 IRWINDALE AVENUE, IRWINDALE, CALIFORNIA, 91706.
4. On the 24th day of June 2026, there was completed upon the hereinafter described real property the following work: Safe Streets for All (SS4A) Comprehensive Safety Action Plan (P-1060).
5. The name of the original contractor for the work described above was: General Technologies and Solutions, LLC
DATED: _____ __ , 2026
______________________________________
Eddie Chan, Director of Engineering/Building Official
City of Irwindale
ATTEST:
Deputy City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of __ ____
Subscribed and sworn to (or affirmed) before me on this __ day of ____ __ , 20 , by ______________ ________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature ____ __
Item #18.I.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Bulletproof Vest Partnership (BVP) grant with the Department of Justice City Manager's Recommendation:
Adopt Resolution No. 2026-54-3865 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING THE IRWINDALE POLICE DEPARTMENT’S PARTICIPATION IN AN BALLISTIC VEST PARTNERSHIP GRANT OFFERED BY THE U.S. DEPARTMENT OF JUSTICE, AND
APPROVING AN ADDITIONAL APPROPRIATION FOR RECORDING THE REVENUE AND EXPENDITURE FOR THIS GRANT IN THE CITY OF IRWINDALE’S FEDERAL FUND” reading by title only and waiving further reading thereof, thereby authorizing the Police Department to continue to seek reimbursement for ballistic vest cost through the U.S. Department of Justice Ballistic Vest Partnership Grant Act of 1998.
Administrative Action:
Submitted/Prepared by:
Christopher P. Hofford, Chief of Police
Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Irwindale Police Department currently provides soft body armor to all officers and half of the cost may be reimbursed for this body armor from the Ballistic Vest Partnership (BVP) Grant Act of 1998.
Each year, BVP is provided with a list of the total number of officers whose ballistic vest will be expiring (every 5 years) and the projected cost of vests for the eligible applicants during the calendar year.
Participation in this U.S. Department of Justice grant shall be ongoing and may be approved by the Chief of Police in consultation with the City Manager.
Fiscal Impact:
The BVP Grant is a federal grant and must be accounted for in a separate fund designated specifically for federally funded projects and programs. The City anticipates receiving $4,658 for FY 2023 and $6,359.79 for FY 2024 respectively, in BVP grant amounts. The amount for FY 2024 was previously reported to the City Council on January 22, 2025. Since the BVP Grant is a restricted special revenue fund account for federally funded projects and programs, the City will initially need to acquire the ballistic vests using IPD's budget and then submit them for reimbursement. Upon receipt, the City will accept and record the funds under appropriate accounts accordingly.
Adoption of Resolution No. 2026-54-3865 authorizes the Finance Director to amend the FY 2025-2026 adopted budget by appropriating the $4,658 for FY 2023 award amount into proper accounts, so that IPD can acquire and submit for reimbursement the necessary supporting documents to the BVP grant agency.
Attachments:
1. Resolution No. 2026-54-3865
2. FY 2023 Award - $4,658
3. FY 2024 Award - $6,359.79 - Previously Approved by CC on 1/22/2025
Resolution No. 2026-54-3865
RESOLUTION NO. 2026-54-3865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING THE IRWINDALE POLICE DEPARTMENT’S PARTICIPATION IN AN BALLISTIC VEST PARTNERSHIP GRANT OFFERED BY THE U.S. DEPARTMENT OF JUSTICE, AND APPROVING
AN ADDITIONAL APPROPRIATION FOR RECORDING THE REVENUE AND EXPENDITURE FOR THIS GRANT IN THE CITY OF IRWINDALE’S FEDERAL FUND
WHEREAS, the Irwindale Police Department (IPD) currently provides soft body armor to all officers; and
WHEREAS, the Ballistic Vest Partnership (BVP) Grant Act of 1998 has reimbursed at least half of the cost of this body armor since 2000; and WHEREAS, BVP is provided with a list of the total number of officers whose ballistic vest will be expiring (every 5 years) during the calendar year along with the projected cost to replace these vests; and
WHEREAS, participation in this U.S. Department of Justice grant shall be ongoing and may be approved by the Chief of Police in consultation with the City Manager; and
WHEREAS, the BVP Grant is a federal grant and must be accounted for in a separate fund designated specifically for federally funded projects and programs. The BVP grant amount for FY 2023 is $4,658 and for FY 2024 is $6,359.79 (previously reported and approved by the City Council on January 22,2025) respectively, which has been awarded to cover some of the cost of ballistic vests to be purchased. Since the BVP Grant is a restricted special revenue fund account for federally funded projects and programs, the City will initially need to acquire the ballistic vests using IPD's budget and then submit them for reimbursement. Upon receipt, the City will accept and record the funds under appropriate accounts accordingly; and
WHEREAS, the City desires to accept and appropriate FY 2023 $4,658 in BVP Grant Funds (Fund 31) and utilize IPD’s budget to acquire the ballistic vests for IPD and submit for reimbursement the required supporting documents to the BVP grant agency..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
Resolution No. 2026-54-3865
SECTION 2. The City Council hereby approves and authorizes Finance Director to amend the FY 2025-2026 adopted budget to accept and appropriate the BVP Federal Grant Funds for FY 2023 in the amount of $4,658, as well as IPD using its budgeted funds from account 01-35-353-42241-0000 to acquire the ballistic vests needed and to submit for reimbursement.
SECTION 3. The Chief of Police, City Manager, and Finance Director are hereby authorized and directed to facilitate and administer the City of Irwindale’s continued participation in the BVP and use of funds. City staff shall also submit all necessary documentation to the U.S. Department of Justice for reimbursement of ballistic vest costs.
SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 24th day of June
2026.
______________________
H. Manuel Ortiz, Mayor
ATTEST:
_____________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2026-54-3865
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-54-3865 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 24th day of June 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #18.J.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Amendment No. 1 to the Contract Services Agreement Between the City of Irwindale and Source Art
City Manager's Recommendation:
That the Irwindale City Council adopt Resolution No. 2026-56-3866 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE SERVICES AGREEMENT WITH SOURCE ART TO PAINT FOUR (4) MURALS AT THE IRWINDALE PUBLIC LIBRARY".
Administrative Action:
Submitted & prepared by:
Theresa Olivares, Assistant City Manager
Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On January 28, 2026, the Irwindale City Council adopted Resolution No. 2026-06-3717, entering into a
services agreement with Source Art to paint four (4) murals in the following areas of the new Irwindale Public Library: 1) the Founding Mothers Area; 2) the Reference Desk Area; 3) the Children's Area; and 4) the Learning Center Area. The Children’s area mural requires additional elements, including a small dog with a butterfly, additional greenery in the visible section behind the shelf that has no backing, and an additional tree and figure. The Founding Mother’s area requires a painted sketch for better understanding of the mural, and two (2) additional community workshops.
The scope of services has been amended to include the additional services required from Source Art and an additional $5,522.50 is required to complete the previously mentioned additional tasks, resulting in a total contract of $55,522.50 ($50,000 (initial amount approved on 1/28/2026) + $5,522.50 (amenment No. 1)).
Fiscal Impact:
Sufficient funding is available under the FY 2025-2026 Capital Improvement Program ("CIP") adopted budget under the City of Irwindale Public Library Improvement Project Phase II CIP Project No. 8251.
No additional money is being requested.
Attachments:
1. Resolution No. 2026-56-3866 Source Art Amendment (2158324.1)
2. Amendment No. 1 to Contract Services Agreement Between the City of Irwindale and Source Art
3. Exhibit A-2
Resolution No. 2026-56-3866
01005.0001 2158324.1
RESOLUTION NO. 2026-56-3866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE SERVICES
AGREEMENT WITH SOURCE ART TO PAINT FOUR (4) MURALS AT THE
IRWINDALE PUBLIC LIBRARY
WHEREAS, on January 28, 2026 the Irwindale City Council adopted Resolution No. 2026-06-3717, entering into a services agreement with Source Art to paint four (4) murals at the new Irwindale Public Library: Founding Mother Area, Reference Desk Area, Children’s Area, and the Learning Center; and WHEREAS, the Children’s Area mural requires additional elements including a small dog with a butterfly, additional greenery in the visible section behind the shelf that has no backing, and an additional tree and figure; and WHEREAS, the Founding Mothers Area requires a painted sketch for better understanding of the mural, and two (2) additional community meetings; and WHEREAS, the scope of services has been amended to include the additional services required and an additional $5,522.50 to complete these additional tasks.
WHEREAS, the City and Consultant desire to amend the Agreement and Contract Amount.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby approves the revised scope of services for an additional not to exceed amount of $5,522.50, for a total contract amount of $55,522.50, and approves Amendment No. 1 to the Contract Services Agreement between the City of Irwindale and Source Art attached hereto as Exhibit A.
SECTION 3. If any section, subsection, sentence, clause, phase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection,
sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 4. This Resolution shall take effect immediately and the Chief Deputy City Clerk shall attest to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 24th day of June 2026. __________________________
H. Manuel Ortiz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-56-3866 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 24th day of June 2026, by the following vote:
YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0001 2158324.1
CITY OF IRWINDALE
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT BETWEEN THE CITY
OF IRWINDALE AND SOURCE ART
This AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT (herein "Amendment") is made and entered into this 24TH day of June, 2026, by and between the CITY OF IRWINDALE, a municipal corporation, (herein “City”) and Source Art, a sole proprietorship (herein “Consultant”).
RECITALS
WHEREAS, on March 19, 2026, the City and Consultant entered into that certain Contract Services Agreement for the assessment, planning, implementation, and processing of four (4) murals in the Irwindale Public Library (“Agreement”); and WHEREAS, the Children’s Area mural required additional elements including a small dog with a butterfly, additional greenery to the area that is visible behind the book shelf, and an additional tree and figure; and
WHEREAS, the Founding Mother’s Area requires a painted sketch of the mural, and two (2) additional community workshops; and the scope of services required by the Consultant has been amended; and
WHEREAS, the parties desire to amend Section 2.1, pursuant to the terms of this Amendment No. 1, increasing the Contract Sum by a total of $5,522.50 for a total contract amount not to exceed of $55,522.50 to secure the Consultant to perform the required services.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2.1 of the Agreement entitled “Compensation” shall be amended in its entirety to read as follows:
2.1 Contract Sum. For the services rendered
pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this
reference, but not exceeding FIFTY-FIVE THOUSAND FIVE
HUNDRED TWENTY-TWO DOLLARS AND FIFTY CENTS
($55,522.50).
3. Exhibit “A” of the Agreement entitled “Scope of Services” shall be supplemented to include the additional tasks described in Exhibit “A-2” to this Amendment. Except as supplemented by the additional tasks described, all other provisions of Exhibit “A” of the Agreement shall remain unmodified and in full force and effect.
4. Full Force and Effect. Except as expressly modified herein all other provisions of the Agreement shall remain unmodified and in full force and effect.
5. Corporate Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY:
CITY OF IRWINDALE, a public body corporate and
politic
____________________________________
Theresa Olivares, Assistant City Manager
ATTEST:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
__________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
By:____________________________
Name: MaryLinda Moss
Title:
Address: 445 W. Avenue 46
Los Angeles, CA 90065
[END OF SIGNATURES]
Decorative Elements - City of Irwindale - Irwindale Library Murals Additions Change orders and Additions 06/14/26
Here are quotes for change orders/additions in the Children’s area, Founding Mothers murals:
➤ Children’s Area, Addition 1 (small dog with butterfly):
The artist will design, add, and paint a small dog with a butterfly to the existing mural design. ● Dog with medium to high level of detail:
○ Design
○ Implementation/painting
Dog with butterfly, medium to high level of detail:
$350
➤ Children’s Area, Addition 2 (squirrel):
The artist will design, add, and paint a squirrel to the existing mural design. ● Squirrel with medium to high level of detail:
○ Design
○ Implementation/painting
Squirrel, medium to high level of detail:
$0 / Complimentary ($200)
➤ Children’s Area, Addition 3: additional full mural footage and greenery behind shelf The artist will add 46 square feet (11.5 x 4’) of additional greenery on the bottom center and left to fill the space that will become visible through the shelf that has no backing. ● Greenery with low level of detail:
○ Implementation/painting
46 sq’ Additional green area, low level (half cost of medium) detail:
$1,552.5 / 50% of full charge $3,105
➤ Children’s Area, Addition 4: additional full mural footage on bottom right:
The artist designed tree and figure and added 24 square feet (6 x 4’) of additional detailed mural painting on the bottom right. The area was not accounted for in the original bid, as the elevations we initially received showed the book shelving running along the entire width of the wall. ● Mural design with medium to high level of detail:
○ Design
○ Implementation/painting
24 sq’ Additional mural design, medium to high level of detail:
$1,620 / 50% of full charge $3,240
Exhibit "A-2"
➤ Founding Mothers Mural, Addition 1: painted sketch for better understanding of mural The artist will create a painted sketch (either a “painted” digital rendering, which can be scaled up for printing or a hand-painted acrylic smaller sketch)
● Painted sketch:
Digital or hand-painted sketch:
$800
➤ Founding Mothers Mural, Addition 2: Additional Community Meetings The artists will be present for 2 additional community meetings ($300 each per person/per meeting) Additional Meeting cost:
$1,200
Agreement
The agreement is made between Decorative Elements/Source Art and the City of Irwindale, who agree to commission the project as described below. The numbers below reflect expected amounts for each area’s mural. During the design process, we will make adjustments, as needed, keeping in mind the determined budget while making the necessary artistic choices.
Project Name: Irwindale Library Murals
Project Address: 16053 Calle De Paseo, Irwindale, CA 91706 Decorative Elements/Source Art: MaryLinda Moss
This agreement should be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. ________________________________________________________________________ ___________________ City of Irwindale (Signature) Date
________________________________________________________________________ ___________________ MaryLinda Moss: Decorative Elements/Source Art (Signature) Date ________________ +1.323.296.9699 www.sourceart.com [email protected] ________________
Item #20.A.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings to implement Senate Bill No. 707 City Manager's Recommendation:
Adopt Resolution No. 2026-55-3865 to Adopt a Policy Entitled “Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings” to implement Senate Bill No. 707.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared/Reviewed by:
Jamie Koontz, Assistant City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On October 3, 2025, Governor Newsom signed Senate Bill No. 707 (“SB 707”), which revises and updates the Ralph M. Brown Act’s open meeting laws to provide greater flexibility in teleconferencing and enhance accessibility requirements, including translation services in certain circumstances and real-time captioning. SB 707 requires the City Council to formally authorize teleconferencing for advisory bodies, including commissions, committees, and boards, through a resolution or policy, pursuant to California Government Code section 54953.8.6.
These new requirements build on the existing teleconferencing framework established under prior
legislation, including Assembly Bills 361 and 2449. SB 707 takes effect on July 1, 2026, and will remain in effect until January 1, 2030. A draft policy, entitled “Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings” is now presented to the City Council to implement Senate Bill No. 707.
SB 707 updates the City’s open meeting requirements to enhance public participation, transparency, and accessibility. It is important to note that SB 707 has new provisions applicable to all city councils and new provisions only applicable to an “eligible legislative body”, which is defined as “a city council of a city located in a county with a population of 600,000 or more”. Accordingly, the City will be subject to all provisions of SB 707, i.e. both the general provisions of SB 707 and the provisions applicable to an “eligible legislative body” because the City is located in a county that exceeds a population of 600,000 people.
Teleconferencing and Remote Participation Requirements
• Mandatory Hybrid Meetings: By July 1, 2026, the City Council must provide for hybrid meetings (in-person plus a teleconference option). The teleconference option must be either a two-way telephonic or audiovisual platform (e.g., zoom). If using audiovisual platforms, a call-in option and active captioning (if available) are required.[1] • Policy Regarding Broadcast Disruption: Prior to July 1, 2026, the City Council must adopt an open session policy regarding hybrid meetings that includes procedures for restoring service in the event of a broadcast disruption. The policy should include (i) steps to be taken if audio, video, or the entire platform fails, (ii) the appropriate personnel to take corrective action to restore service, and (iii) the procedure to notify the public and resume the meeting upon restoration of service.
In addition, the policy should also outline how the City Council will deal with a disruption or disturbance from a member of the public, either in-person or on teleconference, and restore decorum to the meeting. The policy should also address the procedures for accommodating disability requests by a Councilmember or a member of the public in participating in the meeting, as well as define “just cause” and “emergency circumstances” for purposes of remote participation by a Councilmember. • One-Hour Recess Requirement: Starting July 1, 2026, if a disruption prevents the public from attending the meeting remotely, the City Council must take a recess and try to restore service. If service cannot be restored within one (1) hour, the City Council must conduct a roll call vote confirming that good faith efforts were made, and make a finding that public interest in continuing the meeting outweighs remote access.[2] • Legal Basis for Remote Participation of Councilmember: Starting January 1, 2026, Councilmembers and commissioners who participate remotely must have their legal basis for remote participation recorded in the meeting minutes.[3]
• Councilmember with Disability: Starting January 1, 2026, Councilmembers and commissioners with a disability may participate remotely as a reasonable accommodation, including participation via audio only (but only if their condition prevents participation on camera). Once an accommodation is granted for a disability, the Councilmember’s remote participation counts toward quorum at the in-person meeting site. Unlike the “just cause” or “emergency circumstance” reasons for Councilmembers/commissioners to participate remotely, there are no restrictions on the number of meetings a Councilmember/commissioner may attend remotely and no geographic limits on participation, once a disability is established and accommodated.
However, those attending remotely must still disclose any present adults and their relationship to them.[4]
• “Just cause” definition expanded and extended: Currently, Councilmembers and commissioners may participate remotely due to “just cause”. In addition to the existing reasons of childcare needs, a contagious illness, official City-related travel, and physical or family medical emergency, as of January 1, 2026 the definition of “just cause” will now include military service obligations. Previously sunsetting at the end of 2025, the allowance for remote participation via “just cause” has been extended to December 31, 2029.[5]
Enhancing Public Engagement (Starting July 1, 2026):
• Translation of meeting agendas: If 20% of the City’s population speaks an applicable foreign language and at the same time, that population speaks English less than “very well”[6], then the City must translate meeting agendas (but not the entire agenda packet) into that applicable language. There is no need to verbally state how the foreign language translation of the agenda may be accessed during the applicable Council meeting. [Note that the 20% calculation must be based on data regarding foreign languages from the most recent American Community Survey.] • Translation of the City website: Similar to meeting agendas, the following information on the City’s website must also be translated if 20% of the City’s population speaks an applicable foreign language and at the same time that population speaks English less than “very well”. Each translation must be accessible through a prominent direct link posted on the City’s website home page.[7]
(A) An accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information:
(I) A general explanation of the public meeting process for the City Council.
(II) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting
or to submit written public comment.
(III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting. (IV) The agenda posted online.
• Social Media Use: Existing law temporarily allows a Councilmember to participate in individual communications on an internet-based social media platform for specified purposes, provided that a majority of Councilmembers do not use the platforms to discuss or deliberate on matters within the City’s specific subject matter jurisdiction.
This bill makes removes the sunset date and makes this exception permanent.[8] • Brown Act Copy: The City must provide a copy of the Brown Act to each Councilmember of the City. [9]
• Oral Reporting of Compensation Decisions: SB 707 clarifies that the City is required to orally report, prior to final action, a summary of any recommendation of final action on compensation for the City Manager, any department heads, or other comparable administrative officer during an open meeting at which the final action is to be taken. • Assistance in translation services: The City is required to reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public. The bill does not require the City to provide translation services, but only to reasonably assist others who choose to engage in translation/interpretation services. It is important to note that in providing any translation service, SB 707 limits the City’s liability in negligent translation and provides that the City will not be responsible for the contents or accuracy of any translation.[10]
• The bill states that the City Council shall publicize instructions on how to request assistance to the public.
• The “assistance” listed in the bill may include any of the following, as determined by the City Council: (i) Arranging space for one or more interpreters at the meeting location, (ii) Allowing extra time during the meeting for interpretation to occur, and/or (iii) Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services.
Automated translation tools, such as Google Translate, may be used to satisfy these requirements, provided the other statutory obligations are met and a disclaimer is included noting that translations are automatically generated and may not be exact. • Translation near posting sites: The City must also provide a freely accessible physical location near where the agendas are posted to allow the public to post additional translations of the agenda in that location.[11]
• Outreach requirements: The City must make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings. Examples of
such groups include the following:
• Media organizations providing news coverage within the City or region, including ethnic and language-specific outlets serving non-English-speaking communities. • Civil-rights, civic-engagement, neighborhood, and community-based organizations, particularly those active in or serving multilingual or historically marginalized communities.[12]
•
C. Additional Key Requirements
• Teleconferencing for Eligible Subsidiary Bodies: SB 707 further standardizes teleconferencing procedures for eligible subsidiary bodies, such as advisory boards and committees of the City. Before an eligible subsidiary body may use teleconferencing, the City Council must first formally authorize it by charter, ordinance, resolution or other formal action.[13] If teleconferencing is authorized, members participating remotely must maintain real-time, two-way communication for the duration of the meeting, unless the member has a physical or mental condition meeting ADA disability criteria that results in a need to participate off camera. Further, the bill removes the prior requirement to publicly notice each remote location. Also, SB 707 requires each legislative body to reauthorize an eligible subsidiary body’s use of teleconferencing every six months by majority vote, confirming that the practice continues to serve the public interest in accordance with Government Code section 54953.8.6.
The proposed policy sets forth the authority of the City Council to authorize advisory commissions to use teleconferencing, but a separate resolution(s) will need to be adopted by the City Council in the future if the City Council chooses to allow specific teleconferencing authorization. Costs of staffing and the technology for implementation of the hybrid format for each commission will need to be considered.
The policy, if adopted, will help to ensure compliance with Senate Bill 707. Further, the policy will support the City’s mission to ensure public meetings remain transparent, accessible, and inclusive, consistent with the City Council’s goal of proactive communication with all members of the community.
The City's existing Council Procedures were adopted by Resolution No. 2023-17-3395, and continue to govern meeting operations and conduct. The proposed SB 707 Policy supplements the Council Procedures by addressing teleconferencing, accessibility, language access, and public participation requirements enacted by State law. Staff anticipates returning at a future date with proposed amendments to the Council Procedures to ensure consistency with SB 707 and current City practices.
[1] Cal. Gov. Code § 54953.4(b)(1).
[2] Cal. Gov. Code § 54953.4(b)(1).
[3] Cal. Gov. Code § 54953.8(b)(7).
[4] Cal. Gov. Code § 54953(c).
[5] Cal. Gov. Code § 54953.8.3(c).
[6] Note that the term “very well” is not defined in the Govt. Code, but is a term of art used to identify individuals with limited English proficiency (LEP), and it refers directly to data from the U.S. Census Bureau's American Community Survey (ACS). The U.S. Census Bureau uses this specific phrasing in its survey to measure the level of English proficiency within households and communities. Individuals are considered LEP if they indicate on the ACS that they speak English "less than very well" (which includes responses such as "well", "not well", or "not at all"). [7] Cal. Gov. Code § 54953.4(b).
[8] Cal. Gov. Code § 54952.2(b).
[9] Cal. Gov. Code § 54952.7.
[10] Cal. Gov. Code § 54953.4(b)(2).
[11] Cal. Gov. Code § 54953.4(c)(3).
[12] Cal. Gov. Code § 54953.4(b)(3)(C).
[13] Cal. Gov. Code § 54953.8.6. Note that the City Council is not required to authorize any of these teleconferencing procedures.
Fiscal Impact:
Attachments:
1. Resolution No. 2026-55-3865
2. SB 707 Teleconference Meeting Policy
Resolution No. 2026-55-3865
RESOLUTION NO. 2026-55-3865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING
A POLICY GOVERNING REMOTE PARTICIPATION AND ENHANCEMENT OF
PUBLIC PARTICIPATION IN CITY COUNCIL AND COMMISSION MEETINGS FOR IMPLEMENTATION OF NEW PROVISIONS OF THE RALPH M. BROWN ACT AS ENACTED BY SENATE BILL NO. 707
WHEREAS, the Ralph M. Brown Act (“Brown Act”), California’s open meeting law, governs the conduct of public meetings by governmental bodies; and WHEREAS, on October 3, 2025, Governor Newsom signed Senate Bill No. 707 (“SB 707”) to revise the Brown Act’s open meeting laws by allowing greater flexibility in teleconferencing and accessibility requirements, including translation services in certain circumstances and real time captioning, effective July 1, 2026, and until January 1, 2030; and
WHEREAS, the City Council now desires to adopt a policy, entitled “Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings” to implement Senate Bill No. 707.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby adopts the “Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings” dated June 24, 2026, attached hereto, for purposes of implementing Senate Bill 707.
SECTION 3. The City Manager or designee is authorized to implement and enforce the provisions of the Policy adopted herein.
SECTION 4. The City Manager, or his/her designee, is hereby directed and authorized to make such modifications as may be necessary to the agenda templates of the City Council and City’s commissions, committees, and boards, along with any other agenda related materials, in order to implement the teleconferencing and related rules of SB 707.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Irwindale hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion
Resolution No. 2026-55-3865
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 6. The Chief Deputy City Clerk shall attest to the adoption of this Resolution which shall, in turn, have immediate effect.
PASSED, APPROVED, AND ADOPTED this ____ day of _____________ 2026.
_________________________
H. Manuel Ortiz, Mayor
ATTEST:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-55-3865 was duly adopted by the City Council of the City Irwindale at a regular meeting thereof held on the ___ day of __________ 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
105288.2
01005.0001 2108289.1 City of Irwindale
Policy Governing Remote
Participation and
Enhancement of Public
Participation in City Council
Meetings
Date: _______, 2026
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
PURPOSE:
The purpose of this Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings is to implement Senate Bill No. 707 (“SB 707”), signed into law on October 3, 2025, which revises and updates the Ralph M. Brown Act’s open meeting laws to provide greater flexibility in teleconferencing and enhance public participation, transparency, and accessibility in public meetings of the City Council and authorized commissions approved by the City Council pursuant to this Policy.
POLICY:
For purposes of implementation of SB 707, the City Council hereby adopts the following requirements.
I. Hybrid meeting format.
Meetings of the City Council and commissions approved for teleconferencing pursuant to Section VII below shall be conducted in a hybrid-format, consisting of two-way telephonic or audiovisual platform, with a call-in option and automatic captioning activated if the platform provides this feature, pursuant to Government Code section 54953.4(b)(1), as may be amended.
II. Broadcast disruption procedures.
If audio, video, or the entire teleconference platform fails in a manner that prevents the public from observing or participating remotely, the presiding officer shall recess the meeting. The City Clerk or appropriate technical personnel shall take immediate corrective action to restore
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
service. Notice of the disruption shall be posted on the City’s website and announced at the in-person meeting location, if feasible.
If remote access cannot be restored within one (1) hour, the City Council or approved commission shall conduct a roll call vote confirming that good faith efforts were made to restore service and shall make a finding that the public interest in continuing the meeting outweighs the need for remote access before proceeding in accordance with Government Code section 54953.8(b)(7).
If a disruption affects a Councilmember or a commissioner (for commissions approved for teleconferencing pursuant to Section VII below) participating remotely due to an authorized basis, including for just cause or as a reasonable accommodation for a disability, the presiding officer shall determine whether quorum is maintained and shall recess the meeting if necessary to restore quorum or connectivity.
All disruption procedures shall apply equitably whether the disruption affects the public, a Councilmember/ a commissioner (for commissions approved for teleconferencing pursuant to Section VII below), or a member participating remotely for disability accommodation. These procedures also apply to disruptions impacting individuals participating remotely as a reasonable accommodation under applicable law.
III. Disruptions by members of the public.
In addition to authority exercised pursuant to Government Code sections 54954.3 and 54957.9, the presiding officer or their designee may remove, or cause the removal of, an individual who is disrupting a meeting, including a teleconferenced meeting, consistent with Government Code section 54957.95.
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
For purposes of this Policy, “disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including failure to comply with reasonable and lawful regulations governing public comment.
Prior to removing an individual for disruptive behavior, the presiding officer or their designee shall warn the individual that their behavior is disrupting the meeting and that failure to cease the behavior may result in removal. If the individual does not promptly cease the disruptive behavior, the presiding officer or their designee may remove the individual.
A warning is not required if the behavior constitutes use of force or a true threat of force, meaning a threat that a reasonable observer would perceive as an actual threat to use force.
IV. Remote participation by Councilmembers and
Commissioners.1
(1) Just cause. A Councilmember or commissioner may participate remotely for “just cause” as defined by Government Code section 54953.8.3(c), including childcare or caregiving needs, a contagious illness, official City-related travel, a physical or family medical emergency, or military service obligations. The legal basis for remote participation shall be disclosed and recorded in the meeting minutes as required by law.
1 This section applies to the City Council and all commissions whether or not advisory commissions are approved for teleconferencing pursuant to Section VII below.
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
(2) Emergency circumstances. Remote participation due to emergency circumstances shall comply with applicable statutory requirements, including required findings and disclosures.
(3) Disability accommodation. A Councilmember with a qualifying disability may participate remotely as a reasonable accommodation consistent with state and federal law. Participation may occur via audio only if the disability prevents on-camera participation. Once granted, such remote participation shall count toward quorum at the in-person meeting location. Required disclosures regarding adults present at the remote location shall be made as required by law.
V. Translation and public access.
(1) If twenty percent (20%) or more of the City’s population speaks a single non-English language and speaks English less than “very well,” based on the most recent American Community Survey data, City Council meeting agendas (but not full agenda packets) shall be translated into that language and made accessible on the City’s website pursuant to Government Code section 54953.4(b).
(2) When the applicable population threshold is met, the City shall provide translated versions of required public meeting information on a prominently linked webpage accessible from the City’s homepage, pursuant to Government Code section 54953.4(b), including:
(i) A general explanation of the public meeting process; (ii) Instructions for providing in-person or remote public comment; (iii) A calendar of public meeting dates with date, time, and location; and
(iv) Posted meeting agendas.
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
(3) The City shall reasonably assist members of the public who wish to provide interpretation or translate public meetings. Assistance may include arranging space for interpreters, allowing additional time for interpretation, or permitting the use of personal equipment or commercially available interpretation services. The City shall publicize clear instructions for requesting such assistance in advance of or during meetings.
(4) The City shall also provide a freely accessible physical location near where the agendas are posted to allow the public to post additional translations of the agenda in that location pursuant to Government Code section 54953.4(c)(3).
(4) The City may use digital translation services, such as Google Translate or similar automated tools, to satisfy the translation requirements for agendas and the public meetings webpage, provided the other requirements of Government Code section 54953.4 are met. The City is not responsible for the content or accuracy of any translation provided by such tools, in accordance with Government Code section 54953.4(b)(2). The City may include a disclaimer noting that translations are automatically generated and may not be exact. The City shall make reasonable efforts to ensure translations are understandable to the public and may provide additional clarification upon request.
VI. Outreach efforts.
The City shall make reasonable, good-faith efforts to invite organizations that do not traditionally participate in public meetings to attend City Council meetings. The City retains discretion in determining what constitutes reasonable effort consistent with applicable law.
Outreach efforts may include media organizations serving non-EnglishPage 241 of 266 01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
speaking communities and community groups that historically have lower participation in public meetings.
VII. Teleconferencing authorization for eligible subsidiary bodies.
Pursuant to Government Code section 54953.8.6, eligible subsidiary bodies of the City may be authorized by the City Council to use teleconferencing consistent with applicable law. This policy shall only apply to advisory commissions if authorized for use by the City Council.
Members participating remotely shall maintain real-time, two-way communication for the duration of the meeting unless participating remotely due to a qualifying disability. The City Council shall adopt resolutions authorizing such teleconferencing and, if so adopted, may reauthorize teleconferencing for eligible subsidiary bodies every six (6) months by majority vote confirming that such practice serves the public interest.
VIII. Social media use.
Councilmembers may participate in individual communications on internet-based social media platforms for specified purposes, provided that a majority of Councilmembers do not use the platform to discuss or deliberate on matters within the City’s subject matter jurisdiction. This exception is now permanent pursuant to SB 707 and consistent with Government Code section 54952.2(b).
IX. Brown Act copies.
The City Clerk shall provide a copy of the Brown Act to each Councilmember as required by Government Code section 54952.7.
01005.0001 2108289.1
City of Irwindale
SB 707 Teleconference Meeting Policy
X. Oral reporting of compensation decisions.
Prior to final action on compensation for the City Manager, any department head, or other comparable administrative officer, the City Council shall orally report, during the open meeting at which the final action is to be taken, a summary of any recommendation for final action, consistent with SB 707.
Item #20.B.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: City-wide Median Island Landscape Maintenance Update City Manager's Recommendation:
Receive and file the City-wide Median Island Landscape Maintenance Update.
Administrative Action:
Submitted by:
Elizabeth Rodriguez, Public Services Director
Prepared by:
Pedro Rodriguez, Public Services Maintenance Supervisor Richard Corpis, Project Manager for Construction Compliance Electronically Approved Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
City-wide Median Island Update
On June 25, 2025, City Council awarded a contract for City-wide Median Island and Various Landscape Maintenance Services to Mariposa Landscapes, Inc (Mariposa). The contract agreement requires Mariposa to maintain the City of Irwindale’s 78 landscaped median islands and various public areas, totaling approximately 400,000 square feet. Services include turf and shrub maintenance, pruning, litter and weed removal, irrigation repair, and pest management.
Staff have been working directly with Mariposa for the past year to discuss some issues and concerns that have arisen on the city’s Median islands, such as irrigation repairs, debris removal, weed abatement, and plant trimming. Mariposa is required to inform staff of any irrigation issues in the city’s median islands or landscape area and provide the city with a proposal to fix the issue. Staff will review the proposal to see if the cost is reasonable and determine if Mariposa or staff will complete the work.
At the June 10, 2026 City Council meeting, city council commented on the median islands along Irwindale Avenue looking dry and bare of landscaping. Staff were asked to provide City Council with an update on the status of these median islands, including irrigation and lighting.
MEDIAN ISLAND IRRIGATION UPDATE
While Mariposa maintains the median islands on a monthly basis and staff conducts monthly inspections of these median islands, a special inspection was requested by the Director of Public Services and both Mariposa and staff went out to inspect the irrigation systems on the median islands on Thursday, June 11 and Friday, June 12, 2026. As a result, the following issues were identified:
Irwindale Avenue from Cypress to Calle Breceda
Irrigation was turned off due to the station staying on and staff had to shut down that specific valve for repair. Street maintenance staff will be repairing and testing the valve after it is repaired on June 19, 2026.
Additionally, Mariposa recently replaced two (2) broken RB 1812 pop-ups. The timer is set to water two (2) days out of the week on Tuesdays and Thursdays at 3:30am.
Irwindale Avenue between Calle de Paseo to Arrow Highway Mariposa recently replaced two (2) broken pop-ups. There are two (2) valves that keep getting stuck.
Staff are working with Mariposa to receive a proposal for this work. Staff anticipate receiving the proposal by Friday, June 26, 2026.
The timer at this median is set to water on Tuesday and Thursday at 3:30am.
Irwindale Avenue between East Ornales Street and Business Center Drive The median island on Irwindale Avenue near Business Center Drive needs a new battery in the main valve box. Staff purchased the battery and will install it by June 19, 2026.
Irwindale Avenue Between 1st Street and Gateway Center Drive There is a water leak in the street between the median island on Irwindale Avenue near Gateway Center Drive. Staff are working on drafting a proposal to hire a contractor to fix this leak. Staff anticipate having the final proposal by July 14.
Arrow Highway between Irwindale Avenue and Vincent Avenue Mariposa replaced one (1) broken RB 1812 pop-up. Program A is set to water Tuesday and Thursday at 3:30am.
Arrow Highway East of 4th Street
Valley County Water District (VCWD) turned off the water meter to the median island in front of 15705 Arrow Highway. Staff contacted VCWD and they turned the meter back on. Staff repaired two (2) broken tree bubblers and adjusted the watering schedule.
Arrow Highway from Heintz Street to Maine Avenue
Mariposa replaced two (2) RB 1812 pop-ups. This timer is set to water Tuesdays and Thursdays at 3:30am.
Arrow Highway between Avenida Barbosa and Live Oak Avenue (West End) These median islands were updated as part of the Park at Live Oak Project. Mariposa has informed staff that these median islands have a lot of irrigation problems such as a broken main line and stuck valves.
Live Oak Avenue West of 500 Speedway Drive
This median island master valve is not working properly. Staff have left the master valve open for the time being to ensure the median island is receiving sufficient water until the valve can be inspected to determine if it needs to be replaced. Staff are scheduled to trouble shoot this valve before June 19, 2026.
Live Oak Avenue Between SC Fuels and Arrow Highway West End This median island requires a new timer to be relocated and installed on the median island due to traffic accidents damaging the controller along with the power pedestal. Staff installed a new pedestal and contacted Edison to power up the pedestal. Staff are working with Mariposa to receive a proposal for this work. Staff anticipate receiving the proposal by Friday, June 26, 2026.
Live Oak Avenue West of Longden Avenue
The median island on Live Oak between Peck and Longden requires a new controller. Staff are working on the purchase of the new controller and have made a request to Mariposa to submit a proposal for the cost of installing this unit. Staff anticipate receiving the proposal by Friday, June 26, 2026.
All other median island irrigation and irrigation systems are in working condition. However, conditions may change quickly due to the age of the systems.
MEDIAN ISLAND LIGHTING UPDATE
Irwindale Ave between Cypress & Calle Breceda
• Fixed both monument lights
• Installed 19 new palm tree light fixtures
Irwindale Ave between Calle Breceda & Martinez St.
• Repaired two (2) existing palm tree light fixtures
Irwindale Ave between Peppertree & Central
• Installed two (2) new underground boxes
• Installed two (2) new palm tree light fixtures
Irwindale Ave between Calle De Paseo & Calle De Norte
• Fixed both monument lights
• Installed three (3) new palm tree light fixtures
Irwindale Ave between Salvatierra & Ornelas S.
• Installed two (2) new palm tree light fixtures
Irwindale Ave between Ornelas S. & Ornelas St. N.
• Installed six (6) new palm tree light fixtures
Arrow Hwy between Vincent Ave & Morada St.
• Installed five (5) new palm tree light fixtures
Arrow Hwy between Morada St. & Allen Dr.
• The accident occurred on June 14, 2026. One (1) palm tree was damaged and removed by West Coast Arborist. The palm tree lighting fixture and stand were damaged and removed by staff. • Installed two (2) new palm tree light fixtures
Arrow Hwy between Allen Dr. & Ayon St.
• Repaired two (2) existing palm tree light fixtures
Arrow Hwy between Irwindale Ave. & 4th St.
• Installed four (4) new palm tree light fixtures
Arrow Hwy between 4th St. & Azusa Cyn Rd. (East)
• Installed three (3) new palm tree light fixtures
Arrow Hwy between 4th St. & Azusa Cyn Rd. (West)
• Installed two (2) new palm tree light fixtures
Arrow Hwy between Azusa Cyn Rd. & Lante St. (East)
• Installed four (4) new palm tree light fixtures
Arrow Hwy between Bleecker & Main St. (East)
• Replaced Photocell
Arrow Hwy between Bleecker & Main St. (West)
• Replaced contactor & photocell socket
Arrow Hwy between Rivergrade & 605 North entrance
• West Island at the entrance of the 605 Freeway currently has no power. Further investigation is needed.
All the median islands east of the 605 Freeway and south of the 210 Freeway have been inspected, and all necessary work has been done.
The median islands west of the 605 Freeway have been inspected but no further work has yet been done.
Fiscal Impact:
On June 25, 2025, the Irwindale City Council entered into an agreement with Mariposa Landscapes, Inc. for City-wide Median Island and Various Landscape Maintenance Services at an annual cost of $113,472. The agreement remains in effect through June 30, 2028, and provides for two consecutive one-year extension options contingent upon the contractor's continued performance exceeding the requirements set forth in the scope of services. Adequate funding has been appropriated and budgeted for the duration of the agreement. Each budget cycle, staff had a line item budget to replace and/or update the palm tree lighting fixtures on the median islands. Sufficient funding is available in
the FY25/26 and FY26/27 budgets.
Attachments:
None
Item #20.C.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amended Irwindale's Heroes Program
City Manager's Recommendation:
That the Irwindale City Council approve the amendments to the Irwindale's Heroes Program.
Administrative Action:
Submitted/Prepared by:
Theresa Olivares, Assistant City Manager
Reviewed by:
Jamie Koontz, Assistant City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On June 10, 2026, the Irwindale City Council received a report and provided direction to staff to amend Irwindale's Heroes Program (Program). The attached Program policy has been updated to include:
1. Removal of "fighting the War on Terrorism" as a Program requirement.
2. Serviceperson recognition — Serviceperson will be invited to attend a regularly scheduled City Council meeting for recognition prior to the banner installation. The City Clerk's Office will be responsible for providing the banner to the serviceperson once the banner is removed.
3. Banner Display Duration — The banner will be on display until the serviceperson has been discharged, or a maximum of two years from the date of installation, whichever occurs first.
Staff has contacted several banner printing companies and recommend utilizing Display Sales. Display Sales has a variety of designs to choose from, including those that incorporate photo image(s) of the serviceperson, as shown in the attached examples. The banner cost, including shipping and handling, is $148.
Fiscal Impact:
This is a new, currently unfunded program, and the number of anticipated applications is unknown at this time. Staff will use available General Fund appropriations to purchase the required banners. If additional funding is determined to be necessary, staff will prepare and present a budget appropriation request for City Council consideration at a future meeting.
Attachments:
1. Amended Irwindale's Heroes Policy
2. Sample Banner Designs
City of Irwindale
Irwindale’s Heroes Program
Amended: June 24, 2026
City of Irwindale
Military Recognition Program
Irwindale’s Heroes
PURPOSE
The purpose of the Military Recognition Program “Irwindale’s Heroes” is to recognize and support the brave men and women who are proudly serving in the United States Armed Forces and Coast Guard.
POLICY
Irwindale’s Heroes will be honored with a street banner to be hung on utility and light poles located within the City of Irwindale. The banner will include the individuals name and branch of service.
1. Eligibility
1.1.To qualify, the serviceperson must meet the following requirements:
A. An active duty member of the United States Armed Forces or Coast Guard; and
B. Irwindale Resident
(1) Current Irwindale Resident; or
(2) Immediate Family Member* of a current Irwindale Resident; or C. An employee or Immediate Family Member* of a business located within the City of Irwindale.
*Immediate Family Member = parent, grandparent, spouse, sibling, or child
1.3.The Irwindale’s Heroes application must be completed, including the active duty service person’s name and branch of service
1.4.There is a limit of one banner per serviceperson.
1.5.All servicepersons will receive a Blue Star Window Display, to be displayed at the serviceperson’s residence or place of business.
1.6.Individuals who have lost their lives while serving our country and who were on active duty at the time of their death from September 11, 2001 until the present are eligible for a gold star banner recognizing their sacrifice.
1.7.As an ongoing program, applications will be accepted at any time.
1.8.Administration of this policy is under the authority of the City Manager/or designee.
2. Irwindale Resident
2.1.Servicepersons under this category will be provided with a street banner and Blue Star Window Display from the City at no charge.
2.2.To qualify as a Category B (1), Irwindale Resident, the Irwindale’s Hero application must include one (1) recent (within 30 days) document showing a physical Irwindale street address, including State-issued photo driver’s license or ID card, Irwindale Resident Identification Card, utility bills (electric, gas, or water), bank or financial institution statements, rental or lease agreements signed by both parties, mortgage statement, or government correspondence (local, state, or federal).
2.3. To qualify as a Category B (2), Immediate Family Member, the serviceperson must provide documentation supporting the immediate family relationship to the current Irwindale Resident. In addition, the current Irwindale Resident must submit proof of residency as identified in
2.2.2. 3. Employee or Immediate Family Member of a Irwindale Business
3.1.Servicepersons under this category will be provided with a Blue Star Window Display from the City at no charge. The business or family of the serviceman or servicewoman may sponsor a street banner in honor of the service individual.
3.2.To qualify as a Category C, Employee or Immediate Family Member of a Irwindale Business, documentation must be provided on business letterhead, indicating the following:
3.2.1. Business address located within the City of Irwindale; and
3.2.2. Serviceperson is employed by the business; or
3.2.3. Serviceperson is an immediate family member of an individual who is employed by a business that is located within the City of Irwindale.
3.2.4. The documentation is to be signed by an individual within the organization that is legally eligible to do so.
4. Installation of Banners
4.1.The Irwindale’s Hero banner shall be flown on designated utility and light poles located on Irwindale Avenue and Arrow Highway. Once these areas are filled, the City Manager/or designee will choose other streets throughout the City to display the banners.
4.2.The banners will be installed by the City’s Public Services Maintenance Division and removed under the conditions stated in Section 5 or when the banner is damaged. The City will not be responsible for replacing banners that are stolen, damaged or destroyed due to sun, weather, age, vandalism or any act of nature beyond our control such as high winds or damage from vehicles.
4.3.Irwindale’s Hero applications will be accepted on an on-going basis and banners will be installed at the direction of the City Manager/or designee.
Serviceperson’s who qualify to receive a Blue Star Window Display and street banner will be invited for a presentation at a regularly scheduled City Council Meeting. The agenda will be prepared by the City Clerk’s Office and will list those servicepersons to be recognized under
PROCLAMATIONS/PRESENTATIONS/COMMENDATIONS
5. Removal of Banners
5.1.The banners are to be displayed until:
5.1.1. The serviceperson has been discharged; or
5.1.2. A maximum of two (2) years from the date of installation, whichever occurs first; or
5.1.3. At the City’s discretion
5.2.The Public Services Maintenance Division will remove the banner and forward the banner to the City Clerk’s Office. The City Clerk’s Office will contact the serviceperson and make arrangements for the banner to be given to the serviceperson.
WWW.DISPLAYSALES.COM 3
HOMETOWN HERO DESIGNS
D505
Honoring Our Heroes
D446
Circle Flag
D444
Duty Status
D601
My Hero
D447
Stylized Flag
D548
Flag Stars
D549
Flag Stripes
D445
We Thank You
D602
Field of Stars
Item #20.D.
Date: June 24, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: City of Irwindale Parks and Recreation Commission Request for the Irwindale City Council to Consider Conducting a Holiday Street Decorating Contest City Manager's Recommendation:
That the City Council of the City of Irwindale provide direction to staff.
Administrative Action:
Submitted / Prepared by:
Theresa Olivares, Assistant City Manager
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
At the May 13, 2026 City Council meeting, the City Council directed staff to research a citywide Community Holiday Street Decoration Recognition Program. This program would recognize streets that are decorated for Christmas versus individual homes. In order to create such a program, requirements and guidelines must be drafted. Additionally, since this would be a citywide program, staff recommends a committee of staff from different departments implement this program with the Irwindale Recreation division taking the lead. In California, the cities of Talega, Dana Point, Chino, and Ladera Ranch offer holiday decorating contest for Christmas. Information was also received from Nibley, Utah, Albany, New York, and Eaglewood, Colorado.
The following outlines discussion points for this program.
BASIC PROGRAM REQUIREMENTS Eligibility
• Must be located within city limits.
• Residential properties only.
• Decorations must be visible from the
public right-of-way.
• Property owner or tenant permission
required.
• Contest is limited to what may be seen
from the street side of the house at night.
• All houses that are part of the contest
must keep their houses decorated
through the holiday season.
• Only qualified entries will be included in
the contest.
• Displays installed by professional lighting
firms will be disqualified and NOT judged.
• Displays are to be lighted from 6 p.m. to
10 p.m.
• Decisions of the judges are final.
Safety & Compliance Guidelines
These are critical to protect the City from
liability.
Electrical Safety
•All lights and extension cords must be
rated for outdoor use.
•Cords must not obstruct sidewalks or
public pathways.
•No tapping into City electrical sources
(streetlights, park outlets, etc.).
Public Right-of-Way
• Decorations must remain on private
property.
• No blocking sidewalks, driveways, fire
hydrants, or traffic signage.
• No items to be installed in the street
without a City permit. Installing lights in
the street with the required permit will
result in disqualification.
• Lights may not hang across the street to
other properties.
Structural Safety
• Decorations must be securely fastened.
• No unstable or hazardous structures.
• No open flames, no exceptions.
Noise Limitations
• Must comply with municipal noise
ordinance.
• Suggested: Lights/music off by 10:00 p.m.
on weekdays, 11:00 p.m. on weekends.
Content Restrictions
• No offensive or discriminatory content
• No political campaign messaging
• No profanity
• No commercial advertising
• Human beings and live animals are NOT
allowed as part of the display
ENTRY OPTIONS Entries accepted: TBD
Judging: TBD
Winners will be announced via Email and Social
Media: TBD
Option A – Block Leader
• One (1) household (the Block Captain)
will complete a form for the lineup of
houses.
• Consent from each of the houses
participating must be given before the
Block Captain fills out the form.
• All household addresses must be included
on the form.
Option B - Entry Form
• Complete an entry form
Option C - Social Media Tag
• Tag the City of Irwindale in a picture of
your entry on Social Media and the City
will reach out to gather information from
you to submit the entry.
Option D - Email
• Email City with the following information:
o Block Leader's First and Last Name
o Street Address
o Phone Number
o Email
• A confirmation email will be sent to
confirm the entry.
Combination of the Options A-D
JUDGING OPTIONS Option A – Staff/Commission Judging
• Parks & Recreation Commissioners (2)
• City Council representatives (1)
• Staff panel (2)
Option B – Community Vote
• Social media voting
• QR code voting
• Combination of judges and public vote
AWARD CATEGORIES
• Best Overall Display (Street)
• Most Creative Street Theme
• The Grid-buster (Brightest Street)
• Most Original Street Concept
• Most Festive Block
PRIZES • Certificate from City Council
• Social media recognition
• Recognition at a public event
EVENT TIMELINE
4–6 WEEK EVENT
• Week 1: Promotion begins
• Week 4: Judging week
• Week 5: Winners announced
• Week 6: Recognition presented
PROMOTION STRATEGIES
• Social media posts
• City Newsletter
• Flyers at City Facilities
• Word of Mouth
RISK MANAGEMENT & LEGAL CONSIDERATIONS To protect the City, include language on social media, newsletter, and flyer clarifying the
following:
• The City is not responsible for damage,
theft, or injury.
• Participants assume all risk.
• The City may photograph or video of the
decorated residences and use images for
promotional purposes.
Verify with City Attorney:
• Liability language
• Insurance implications (usually minimal if
on private property)
Next Steps
1. Review the information provided in this report.
2. Determine if this is a program the City desires to implement. o If yes, then direction is required by the City Council regarding the entry options and judging options. Based on the direction provided, staff will draft a formal policy for the Council's consideration. The draft policy will be provided at the July 22, 2026 City Council meeting.
o The council may desire additional time to consider this program and request staff to bring this matter back at a future meeting.
o If no, then no further action is required.
Fiscal Impact:
There is no fiscal impact related to this report.
Attachments:
None
IRWINDALE CITY COUNCIL CHAMBERS APRIL 22, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:47 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz, Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES
None.
CONSENT CALENDAR
A motion was made by Councilmember Burrola, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 27A
MINUTES OF THE REGULAR MEETING HELD FEBRUARY 11, 2026
The minutes of the regular meeting held February 11, 2026, were approved as presented.
ITEM NO. 27B
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER ENDING MARCH 31, 2026 The Investment Quarterly Report for Fiscal Quarter ending March 31, 2026, was received and filed.
END OF CONSENT CALENDAR
SPONTANEOUS COMMUNICATIONS
There were no speakers.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:48 p.m. ________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
User:
Printed:
Total for 6/11/2026: 900.00
Report Total (1 checks): 900.00
Check Date Check Amount
108598 WILLDAN Willdan Financial Services 06/11/2026 900.00 Accounts Payable
Checks by Date - Summary by Check Date
kzhang
6/17/2026 2:52 PM
Check No Vendor No Vendor Name
IRWINDALE CITY COUNCIL CHAMBERS APRIL 22, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:48 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, and Chief Assistant Authority Secretary
AB 2449 DISCLOSURES
None.
CONSENT CALENDAR
A motion was made by Board Member Breceda, seconded by Chair Ortiz, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 31A
MINUTES OF THE MEETING HELD FEBRUARY 11, 2026
The minutes of the meeting held February 11, 2026, were approved as presented.
ITEM NO. 31B
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER ENDING MARCH 31, 2026 The Investment Quarterly Report for Fiscal Quarter ending March 31, 2026, was received and filed.
SPONTANEOUS COMMUNICATIONS
There were no speakers.
NEW BUSINESS
ITEM NO. 33A
GENERAL UPDATE ON AFFORDABLE HOUSING PROJECT AT 16154-16158 ARROW
HIGHWAY
Board Member Breceda and Executive Director Miranda left the Council Chambers at 7:49 p.m. due to real estate conflicts of interest.
Housing Coordinator Lopez provided a report.
By Board consensus, the update was received and filed.
HOUSING AUTHORITY MINUTES APRIL 22, 2026
REGULAR MEETING PAGE 2
Executive Director Miranda returned at 7:57 p.m.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:58 p.m. _________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary