San Dimas City Council
September 10, 2024

CITY COUNCIL MEETING AGENDA
TUESDAY SEPTEMBER 10, 2024
6:00 PM – CLOSED SESSION
7:00 PM – REGULAR SESSION
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website  www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
6:00 PM CLOSED SESSION ­ CITY COUNCIL CONFERENCE ROOM
PUBLIC COMMENT ON CLOSED SESSION ITEMS
CLOSED SESSION ITEMS

1. LIABILITY CLAIM
Claimant: Allstate a/s/o Asia B. Duong
Agency Claim Against: City of San Dimas

2. SUCCESSOR AGENCY AND CITY COUNCIL CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 121 N San Dimas Avenue (APN: 8387­011­904)
Agency/City Negotiators: Chris Constantin, Executive Director/City Manager; Brad McKinney, Assistant City Manager; Scott Wasserman, Parks and Recreation Director, Jeff Malawy, City/Agency Attorney Negotiating Parties: Kathy Carrano; Anthony Carrano
City of San Dimas as Successor Agency to the former San Dimas Redevelopment Agency; City of San Dimas
Under Negotiation: Price and Terms of Payment

3. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Brad McKinney, Assistant City Manager; Cecilia Todd, Human Resources Manager; Jeff Malawy, City Attorney; Colin Tanner, Labor Counsel.

Employee organization: International Brotherhood of Teamsters, Local 848 representing General, Professional, and Managerial employees.

4. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Jeff Malawy, City Attorney; Colin Tanner, Labor Counsel.

Unrepresented employees: Directors and Confidential Unit

Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Brad McKinney, Assistant City Manager; Cecilia Todd, Human Resources Manager; Jeff Malawy, City Attorney; Colin Tanner, Labor Counsel.

Employee organization: International Brotherhood of Teamsters, Local 848 representing General, Professional, and Managerial employees.

4. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Chris Constantin, City Manager; Jeff Malawy, City Attorney; Colin Tanner, Labor Counsel.

Unrepresented employees: Directors and Confidential Unit

5. CITY COUNCIL
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 344 W. Bonita Avenue, San Dimas, CA 91773 (APN 8386­021­915), 108 & 112 North Cataract Avenue (APN 8390­021­915 and APN 8390­021­916).

City Negotiators: Chris Constantin, City Manager; Brad McKinney, Assistant City Manager; Shari Garwick, Public Works Director; Jeff Malawy, City Attorney.

Negotiating Parties: City of San Dimas and City of San Dimas as Successor Agency to the former San Dimas Redevelopment Agency.

Under Negotiation: Price and Terms of Payment
7:00 PM CITY COUNCIL CHAMBER
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Recognition of Patriotism Week
CC2. Adopt Resolution 2024­64, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of August 31, 2024 in the amount of $162,265.90 and Warrant Register of September 16, 2024 in the amount of $534, 990.90 CC3. Approve the Minutes of the August 27, 2024, City Council Meeting CC4. Deny Claim Ramirez v. City of San Dimas CJP 3051667 WRV CC5. Approve CC 2024­09 San Dimas Loop Reconstruction: Relieve Los Angeles Engineering from Bid and Award the Contract to PaveWest Inc. in the Amount of $2,662,637; Approve Plans and Specifications for the Project Pursuant to Public Contract Code 22039; Appropriate

CC1. Recognition of Patriotism Week
CC2. Adopt Resolution 2024­64, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of August 31, 2024 in the amount of $162,265.90 and Warrant Register of September 16, 2024 in the amount of $534, 990.90 CC3. Approve the Minutes of the August 27, 2024, City Council Meeting CC4. Deny Claim Ramirez v. City of San Dimas CJP 3051667 WRV CC5. Approve CC 2024­09 San Dimas Loop Reconstruction: Relieve Los Angeles Engineering from Bid and Award the Contract to PaveWest Inc. in the Amount of $2,662,637; Approve Plans and Specifications for the Project Pursuant to Public Contract Code 22039; Appropriate $137,637 from Measure R Funds; Approve a Total Project Budget of $3,137,637 including Contingency; Award of Project Engineering and Survey to DJP Engineering in the an Amount not to Exceed $25,000; Award of Soils and Geotechnical Testing Services to Geo­Advantec Inc. in an Amount not to Exceed $50,000 and Authorize the City Manager to Enter into Agreements with PaveWest, DJP Engineering, GeoAdvantec in a Form Approved by the City Attorney approval of Plans and Specifications for the Project on File in Public Works.

CC6. Approve Resolution 2024­65 Authorizing the City Manager to Enter into an Agreement with HdL Companies for Transient Occupancy Tax and Short­Term Rental Administration Services, for a One­time Implementation Fee of $4,500, $900.00 Per Property Per Year for TOT Administration, Plus CPI Adjustments, $16.00 Per Filing for STR Administration Plus CPI Adjustments and $5,000 Per Year for STR Rental Compliance Plus CPI Adjustments.

CC7. Approve the Purchase of Street Lights and Fixtures for the Wooden Street Light and Red Street Light Replacement Project; Relieve ESB Light LLC from their Bid Due to a Clerical Error; Waive Requirement to Publicly Open Bids, Award the Purchase of Decorative City Lighting Equipment to United Electric Supply as the Lowest Responsible Bidder for the Bid Amount of $152,795.59; Authorize a Budget of $152,795.59 for Copenhagen Lights (CS­7767­REV1) Provided by Sun Valley Lighting; and Authorize City Manager to Execute a Purchasing Agreement with United Electric Supply on a Form Approved by the City Attorney.

CC8. Adopt Ordinance 1310, Approving Municipal Code Text Amendment 24­06 to Amend Chapter 8.40 Camping and Storage on Private and Public Property to be Aligned with Recent Court Decisions and Consistent with the Governor’s Executive Order N­1­24, Along with Associated Clean Up Items, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3).

END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Discussion Regarding the Potential to Construct Pickleball Courts in San Dimas.

RECOMMENDATION: Staff recommends that Council:

Receive staff’s report addressing options to construct pickleball courts in San Dimas and provide direction to staff.

OB2. Authorize the City Manager to Enter into a Subscription Agreement with Polco Confluence, Inc. in An Amount of $9,000 Per Year for the Bundle of Products Which Includes the Budget Simulator, Prioritize and Taxpayer Receipt, in a form approved by the City Attorney.

RECOMMENDATION:StaffrecommendstheCouncil:

OTHER BUSINESS
OB1. Discussion Regarding the Potential to Construct Pickleball Courts in San Dimas.

RECOMMENDATION: Staff recommends that Council:

Receive staff’s report addressing options to construct pickleball courts in San Dimas and provide direction to staff.

OB2. Authorize the City Manager to Enter into a Subscription Agreement with Polco Confluence, Inc. in An Amount of $9,000 Per Year for the Bundle of Products Which Includes the Budget Simulator, Prioritize and Taxpayer Receipt, in a form approved by the City Attorney.

RECOMMENDATION: Staff recommends the Council:

Authorize the City Manager to enter into a subscription agreement with Polco Confluence, Inc.  in an amount of $9,000 per year for the bundle of products which includes the budget simulator, Prioritize and taxpayer receipt, in a form approved by the City Attorney.

OB3. Approve the San Dimas High School Homecoming Parade RECOMMENDATION: Staff recommends that the City Council:

1.  Approve the annual San Dimas High School Homecoming Parade through the downtown area for this year (2024) and future years with the following conditions:
a.  The San Dimas High School (SDHS) and/or Bonita Unified School District (BUSD) contribute their fair share in the event’s cost by paying for the traffic control consultant services ($4,000 for 2024).
b.  Require the San Dimas High School to comply with the Special Event Permit Conditions of Approval which shall include, but not be limited to the following:
i.  Provide supervising adult monitors to assist with managing the parade participants before, during, and after the event.
ii.  Notify all impacted businesses and residents along the parade route at least 7 days in advance of the scheduled event.

2.  Authorize City Staff to assist with traffic control before, during, and after the event.  The City shall continue to subsidize this cost from the General Fund.

3.  Authorize the City to pay for Sheriff’s Department staff to assist with the event.  The City shall continue to subsidize this cost from the General Fund.

ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates

ADJOURNMENT

CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 394­6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102­35.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at  www.sandimasca.gov.

Posting Statement:  I declare under penalty of perjury that on September 6, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendas­minutes/ as required by law.

September 6, 2024
Debra Black
Debra Black, City Clerk Page 5
Patriotism Week
HEREAS, The City of San Dimas promotes the ideals that the citizens of this nation live in freedom, won through the great sacrifices and many tribulations which have provided the foundation for a free, prosperous and independent life; and
HEREAS, We realize that each generation must work to maintain this freedom, otherwise, through carelessness or indifference, the rights and liberties enjoyed may vanish; and
HEREAS, It is fitting and proper to recognize this freedom and to honor the nation, which provides it,
OW THEREFORE, I Mayor Emmett G. Badar, Mayor Pro Tem Eric Nakano, Councilmembers Rachel Bratakos, Ryan A. Vienna, and Eric Weber do hereby proclaim September 9-15th, 2024 as NATIONAL PATRIOTISM WEEK. During this event, we urge all citizens to join in expressing gratitude for the privilege of American Citizenship with appropriate celebrations and observances.

N WITNESS THEREOF, I, Mayor Emmett G. Badar, have hereunto set my hand and caused the seal of the City of San Dimas to be affixed this 10th day of September 2024.
___________________________________ Attest: ______________________________ Mayor City Clerk
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RESOLUTION 2024-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR AUGUST 31, 2024 AND SEPTEMBER 16, 2024
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of August 31, 2024 in the amount of $162,265.90 and Warrant Register of September 16, 2024 in the amount of $534, 990.90 PASSED, APPROVED AND ADOPTED this 10th, day of September 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-64 was approved by vote of the City Council of the City of San Dimas at its regular meeting of September 10th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

CITY COUNCIL MEETING

ACTION MINUTES
AUGUST 27, 2024
5:30 PM CLOSED SESSION
7:00 PM REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Eric Weber
Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administration Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Housing Manager Lily Flores, Planning Manager Marco Espinoza
Call to Order: 5:30 PM
Roll Call:

Present: Bratakos, Badar, Nakano, Weber arrived at 5:35 PM, Vienna (Via Zoom)

Absent: None
There were no public comments on the closed session items.

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
The City Attorney reported that the Council
meet in closed session Council discussed
item 1, but no reportable action was taken.

2. CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative: Jeff
Malawy, City Attorney
Unrepresented Employee: City Manager
The City Attorney reported that the Council
meet in closed session Council discussed
item 2, but no reportable action was taken.

3. LIABILITY CLAIMS
Claimant: Allstate a/s/o Asia B. Duong
Agency Claim Against: City of San Dimas
Item was tabled to the September 10, 2024,
City Council Meeting.

4. CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: 2100 Terrebonne Avenue, San
Dimas, CA 91773
Agency negotiators: Chris Constantin,
City Manager; Brad McKinney, Assistant
City Manager; Scott Wasserman, Parks &
Recreation Director; Jeff Malawy, City
Attorney.

The City Council met and discussed closed
session Item number 4 listed on the
agenda. The City Council gave direction to
staff, but no reportable action was taken.

Approve the Minutes of August 27, 2024, City Council Meeting Page 2 For the Meeting of September 10, 2024
Negotiating parties: American Golf
Corporation and City of San Dimas
Under negotiation: Price and terms of
payment.

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024-62, A Resolution
of the City Council of the City of San
Dimas, Approving Certain Demands for
the Warrant Register of August 30, 2024,
in the amount of $1,786,603.75.

2. Approve the Minutes of the August 13,
2024, City Council Meeting

3. Approve Resolution 2024-63, Approving
the Acceptance of Electronically Filed
Government Claims Against the City and
Establishing an Electronic Claims Filing
Policy

4. Approve the First Amendment of Transfer
Agreement by and between the Housing
Authority of the City of San Dimas and
Pomona Valley Habitat for Humanity, Inc.
for property located at 123 N. Monte Vista
Avenue, San Dimas, CA.

5. Approve the Program Guidelines for the
Community Development Block Grant
Program funded Restaurant Attraction
and Assistance Program

6. Reject All Bids for Construction Contract
2024-12 Horsethief Canyon Park Trail
Rehabilitation Project.

7. Adopt Ordinance 1309, Approving
Municipal Code Text Amendment 23-03;
Amendments to Various Chapters of Title
18 Zoning to Update Housing Definitions,
Allow a Variety of Housing Types, Update
the Density Bonus Ordinance in
Compliance with State Law, and Amend
Title 17 Subdivisions to Incentivize Lot
Consolidation of Housing Sites as
Required to be in Compliance with the
City’s Housing Element and State Law.

8. Approve the Purchase and Outfit of Five
Fleet Vehicles, Backhoe, and Crack
Sealer through the Statewide Contract
Fleet Vehicle Pricing and in Accordance
with City Purchasing Rules with
Watsonville Ford, Quinn Cat Backhoe,
Bearcom, Retrofit Inc., Lowes, and
California Truck Equipment Co. for a Total
Amount of $604,251.00 with a
Roll Call:

Present: Bratakos, Badar, Nakano, Weber

Absent: Vienna (excused)
MOTION: Motion by Councilmember Weber
seconded by Councilmember Bratakos to
approve the consent calendar items 1-4, 7
and 9-12. Motion carried 4-0.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None
Councilmember Bratakos requested
discussion on item 5.

MOTION: Motion by Councilmember
Bratakos seconded by Mayor Pro Tem
Nakano to approve staff recommendations
and to modify guidelines allowing existing
restaurants to expand service hours by 30%
or more to qualify. Motion carried 4-0.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None
Mayor Pro Tem Nakano requested
discussion on items 6 and 8.

MOTION: Motion by Councilmember Weber
seconded by Councilmember Bratakos to
approve consent item 6. Motion carried 4-0.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None
MOTION: Motion by Mayor Pro Tem Nakano
seconded by Councilmember Weber to
approve consent calendar item 8. Motion
carried 4-0.

Approve the Minutes of August 27, 2024, City Council Meeting Page 3 For the Meeting of September 10, 2024
contingency of $32,000. Approve an
appropriation of an additional $9,183.00
to account number 100.4314.039.001 for
a total budget of $89,183 and Appropriate
$58,850 to account number
113.4190.041.025

9. Receive and File the Updated June
Investment Report, to Reflect Fair Market
Value at Fiscal Year End per GASB 31
and the July 2024 Investment Report

10. Award of Contract to Charles Abbott
Associates, Inc. for Inspection Services in
the amount of $274,585.60 Over Five
Years and Approve Overall Project
Budget of $356,961.14 including
Contingency and City Overhead Costs;
Approval of Resolution 2024-58 and
Associated Fee Schedule for the
Industrial/Commercial Facility Inspection
Program as Mandated by the National
Pollutant Discharge Elimination System
(NPDES) Permit for Municipal Separate
Storm Sewer System (MS4) Order No.

R4-2021-0105 and the Short-Lived
Climate Pollutants Bill: Organic Waste
Reductions (SB 1383); Approval of SB
1383 Local Assistance Grant to Subsidize
SB 1383 related inspections and
Authorize the City Manager to execute
Contract with Charles Abbott Associates
in a Form Approved by the City Attorney.

11. Consideration and Approval of a Facilities
Use Agreement with Bonita Unified
School District for Use of the San Dimas
Recreation Center Swimming Pool and
Related Facilities

12. Deny Claim Iniguez v. City of San
Dimas CJP3051581 LMV
Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None

OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS

1. Introduce Ordinance 1310, Approving
Municipal Code Text Amendment 24-06
to Amend Chapter 8.40 Camping and
Storage on Private and Public Property to
be Aligned with Recent Court Decisions
and Consistent with the Governor’s
Executive Order N-1-24, Along with
Associated Clean Up Items, and
Determination of Exemption from CEQA
under CEQA Guidelines 15061(b)(3).

MOTION: Motion by Councilmember Weber
seconded by Councilmember Bratakos to
waive further reading and introduce
Ordinance 1310, Approving Municipal Code
Text Amendment 24-06. Motion carried 4-0.

Yes: Badar, Bratakos, Nakano, Weber
No: None

Absent: Vienna
Abstain: None

Approve the Minutes of August 27, 2024, City Council Meeting Page 4 For the Meeting of September 10, 2024

CITY REPORTS COMMENTS/RECOMMENDATIONS

1. City Manager Edison confirmed relocation of utilities requires Calle Solano to San Dimas Ave
closure is projected the end of December.

2. City Attorney None

3. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
None

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Mayor Pro Tem Nakano requested and
seconded by Councilmember Weber future
discussion on options for pickleball courts
and cost estimates.

Councilmember Bratakos requested and
seconded by Mayor Badar to discuss cost,
communication and organization for the San
Dimas High School Homecoming Parade.

Adjourned: 8:30 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
August 21, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Ramirez vs. San Dimas
Claimant : Luis Ramirez
Member : City of San Dimas
Date Rec’d by Mbr : 5/29/24
Date of Event : 5/22/24
CW File Number : CJP-3051667 WRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

ay 29, 2024

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Shari Garwick, Director of Public Works
Subject: Approve CC 2024-09 San Dimas Loop Reconstruction: Relieve Los Angeles Engineering from Bid and Award the Contract to PaveWest Inc. in the Amount of $2,662,637; Approve Plans and Specifications for the Project Pursuant to Public Contract Code 22039 Appropriate $137,637 from Measure R Funds; Approve a Total Project Budget of $3,137,637 including Contingency; Award of Project Engineering and Survey to DJP Engineering in the an Amount not to Exceed $25,000; Award of Soils and Geotechnical Testing Services to GeoAdvantec Inc. in an Amount not to Exceed $50,000 and Authorize the City Manager to Enter into Agreements with PaveWest, DJP Engineering, GeoAdvantec in a Form Approved by the City Attorney approval of Plans and Specifications for the Project on File in Public Works. ____________________________________________________________________________

SUMMARY
Construction Contract 2024-09 San Dimas Avenue Loop Reconstruction from 500 Feet North of Calle Solana consists of repair of the section of San Dimas Avenue Roadway that was damaged during the February 2023 rain event as well as additional paving on San Dimas Avenue from the damage area to Via Verde Avenue. Work consists of extensive removals of pavement and subgrade (approximately 2,000 Cubic Yards of material, import of 900 Cubic Yards of suitable material, installation of up to 14 foot retaining walls, removal and replacement of curb and gutter, ADA ramps, guard rail and pavement overlay of 128,000 sf of dilapidated roadway from the damaged section to Via Verde Ave).

RECOMMENDATION
Staff Recommends that Council:

1. Relieve Los Angeles Engineering from bid due to clerical error.

2. Award contract to PaveWest Incorporated in the amount bid of $2,662,637.

3. Appropriate $137,637 from Measure R Funds for the project.

4. Approve total project budget of $3,137,637 including contingency.

CC 2024-09 San Dimas Loop Reconstruction Rejection of Low Bidder as Non-Responsive and Award of Contract to PaveWest in the Amount of $2,662,637.00 Page 2 For the Meeting of September 10, 2024

5. Award project Civil Engineering and Survey to DJP Engineering for an amount not to exceed $25,000.

6. Award project Geotechnical inspection and Engineering Services to Geo-Advantec, Inc. in an amount not to exceed $50,00

7. Approve the plans and specifications for the project pursuant to Public Contract Code 22039.

8. Authorize the City manager to enter into agreements with PaveWest, DJP Engineering and Geo Advantech in a form approved by the City Attorney.

FISCAL IMPACT
The approved City budget for fiscal year 2024-2025 includes $3,000,000 for repair of the San Dimas Loop in Fund 12. Should Council approve staff’s recommendations the recommended budget will be:

Recommended Project Budget
Construction $2,662,637
Civil Engineering and Survey $ 25,000
Geotechnical Inspection and Engineering $ 50,000
Contingency (approx. 15%) $ 400,000
Total Project Budget $3,137,637
The total project budget includes not just the Construction Contract, but also Civil Engineering/Survey, Geotechnical Engineering/Inspection and Contingency. This project involves significant excavation and structural retaining walls where there is potential to encounter unforeseen conditions.

Due to the amount of material that has to be hauled in and out of the project, staff anticipates significant impact to existing pavement along the haul route. As this section of pavement has deteriorated.

To meet the project budget staff recommends that Council appropriate $137,637 from Measure R Funds.

BACKGROUND
Heavy rains in February of 2023 caused significant damage to the east side of the San Dimas Loop north of Calle Solana. Staff consulted with a Geotechnical Engineer to review the area. The area is shown in red in the figure below. The Geotechnical Engineer recommended that the road be closed due to concerns of further slope subsidence due to the excessively wet conditions.

Staff initiated emergency design for repair of the slope and roadway by contracting for Geotechnical Investigations, Civil Engineering, and Survey design services. Council formally approved these contracts at the June 27, 2023, Meeting.

After the end of the winter rains, Staff worked with the Geotechnical Engineer to provide temporary improvements in order to reopen the road. These improvements included substantially narrowing the roadway, closing the shoulder, sealing the roadway surface prior to significant rain events, and continuous monitoring of the area. While the Street improvement plans have been finalized

CC 2024-09 San Dimas Loop Reconstruction Rejection of Low Bidder as Non-Responsive and Award of Contract to PaveWest in the Amount of $2,662,637.00 Page 3 For the Meeting of September 10, 2024
since spring 2024, several utilities needed to be relocated prior to beginning the repairs. Frontier completed their relocation in January 2024, and Edison began relocation of their facilities on September 3, 2024. A requirement in the contract specifications, obligates the City’s contractor to coordinate with Golden State Water for relocation of the water main.

As mentioned, the red section of the graphic above shows the location of the original damage that occurred during the 2023 rain event. Due to the amount of hauling required for the repair, and the poor condition of the existing street, a significant amount of overlay has been added to the project which is shown in orange above. This section was already on the City’s radar for repair and will suffer increased damage due to the hauling required as part of the project. The total pavement that will be overlaid is approximately 128,000 square feet.

On August 8th, 2024, The City Clerk publicly opened four (4) formal bids for Construction Contract 2024-09 San Dimas Avenue Loop Reconstruction from 500 Feet north of Calle Solana. The bid results are shown in the table below:

Contractor Construction Bid

CC 2024-09 San Dimas Loop Reconstruction Rejection of Low Bidder as Non-Responsive and Award of Contract to PaveWest in the Amount of $2,662,637.00 Page 4 For the Meeting of September 10, 2024
1* Los Angeles Engineering* $1,845,000*
2 Pavewest $2,662,637
3 Hardy and Harper $4,096,000
4 All American Asphalt $4,724,222
• *Requested relief from bid
The apparent low bidder was Los Angeles Engineering, Incorporated. However, on August 12, 2024, Los Angeles Engineering, Incorporated provided the letter in Attachment 1 requesting “relief” from their bid due to a clerical error where the estimating software did not add in the cost of shoring. The California Public Contract Code allows for this type of request. Staff’s recommendation to proceed with the number 2 bidder will be discussed in detail later in the report.

If Los Angeles Engineering is determined non-responsive, then the second low bidder would be PaveWest. The project budget would be:

Recommended Project Budget
Construction $2,662,637
Civil Engineering and Survey $ 25,000
Geotechnical Inspection and Engineering $ 50,000
Contingency (approx. 15%) $ 400,000
Total Project Budget $3,137,637
$3,000,000 was allocated for this project in the FY 2024-2025 budget, however, staff recommends that Council appropriate an additional $137, 637 from Measure R (fund 74) funds in order to move forward with the project.

DISCUSSION/ANALYSIS
Upon receipt of the Lowest Bidder’s request for relief, Staff consulted with the City Attorney. The grounds for such relief are provided in Public Contract Code (PCC) Section 5103. The code section is presented below in bold with the analysis included in italics below each section:

Public Contract Code Section 5103 the bidder is required to establish to the satisfaction of the [City] that:
a) a mistake was made
Los Angeles Engineering Letter dated 8/12/24 notified the City that an error was made in the bid proposal for CC 2024-09
b) .. [the contractor] gave the public entity written notice within five working days…after the opening of the bids of the mistake specifying in the notice in detail how the mistake occurred.

Los Angeles Engineering provided written notification of the error on 8/12/2024.

The bid opening was on 8/8/2024. The notice was provided within 5 working days as required.
c) The mistake made the bid materially different than [the contractor] intended it to be.

CC 2024-09 San Dimas Loop Reconstruction Rejection of Low Bidder as Non-Responsive and Award of Contract to PaveWest in the Amount of $2,662,637.00 Page 5 For the Meeting of September 10, 2024
The mistake amount was $506,000 which is more than 25% of the bid constituting a material cost difference.
d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

The contractor reports the mistake was from the estimating software which did not add significant shoring costs into the bid proposal and not from error in judgment or carelessness in inspecting the site of work.

The contractor’s request for relief from the bid meets the criteria for PCC 5103.

Award to PaveWest
In moving forward with the second bidder, Staff reviewed the bid proposal provided by PaveWest, Inc. and verified that the contractor’s bid bond is issued by an admitted surety, as required by Public Contract Code 20170. The contractor’s license #968049 Class A is current and expires on 12/31/2025. The contractor along with its subcontractors are registered through the Department of Industrial Relations as required by law (PaveWest Registration No. 1000007773). PaveWest has previously performed paving work in the City, and all checked references confirmed their ability to complete the work.

As these repairs to the San Dimas Loop require extensive earthwork, hauling of (over 2,000 Cubic Yards-200 trucks for the soil removal) the project includes pavement repairs that are outside of the original scope. These pavement repairs were on the City’s schedule for near term repair and the hauling from project will hasten the degradation. Therefore, staff included the additional paving as part of the project.

Staff is also recommending entering contracts for professional services with DJP Engineering and Geo-Advantec. These firms are the original project designers and are needed to provide certifications and answer construction questions that may develop regarding the design. The wall is required to have continuous inspection per state building codes which Geo-Advantec will provide.

Staff provides alternatives in the next section, however, if the project is not started in the near term, the repairs will likely have to wait until after the winter rains which would mean the street would be closed until likely June 2025. The Geotechnical Engineer has recommended that the road be closed during the rainy season due to concerns regarding slope stability.

ALTERNATIVES
Following are alternatives for Council Consideration:

1. Council may decide not to relieve the low bidder Los Angeles Engineering. The bidder would then be forced to either construct the project at a loss or forfeit his bid bond (approximately $180,000). Los Angeles Engineering has performed several projects for the City in the past and has been a responsible bidder and contractor. This action could delay the project due to potential litigation, and result in no further bids from Los Angeles Engineering, eliminating a responsible contractor from future work and potentially impacting future bids from other contractors.

CC 2024-09 San Dimas Loop Reconstruction Rejection of Low Bidder as Non-Responsive and Award of Contract to PaveWest in the Amount of $2,662,637.00 Page 6 For the Meeting of September 10, 2024

2. Council can reject all bids and rebid the project. This would result in the work being done after the winter rains. Projects that are re-bid without substantive changes rarely come in lower than the original bid. However, the cost of construction could go down, or it could possibly increase depending on market conditions. Delaying the project until after the winter rains could also subject additional area to damage potentially increasing the scope of the project. The Geotechnical Engineer recommends closure of the road until the repairs are completed which would likely be in June 2025.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,
Shari Garwick
Director of Public Works
Attachments:

1. Letter from Los Angeles Engineering requesting relief from bid

2. Draft Contract Agreement with Pavewest, Inc.

633 N. Barranca Ave. Covina, CA 91723 Ph (626) 454-5222 Fax (626) 454-5226 General Engineering Contractor
California State Contractors License No. 591176
Los Angeles Engineering, Inc.
633 N. Barranca Ave
Covina, CA 91723
August 12, 2024
City of San Dimas
245 E Bonita Ave
San Dimas, CA 91773
Attn: Shari Garwick, Director of Public Works
Subject: San Dimas Loop Reconstruction- Clerical Error
To Shari Garwick,
Los Angeles Engineering submitted a bid for the San Dimas Loop Reconstruction Project on 8/8/2024.

Upon reviewing our files, we discovered a clerical error had occurred where our estimating software had shown substantial shoring costs inadvertently marked as “non-add” or “suspended” which resulted our bid to be deficient by a direct cost of $506,289.

We are hereby requesting relief from our bid due to this mistake which significantly makes our bid materially different than what we had intended.

Sincerely,
Aaron O’Brien, Secretary
Los Angeles Engineering
Attachment 1

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CONSTRUCTION AGREEMENT NO. 2024-09
This construction agreement (“Agreement”), is made and effective as of ___________________, by and between the City of San Dimas ("City"), a municipal corporation, and Pavewest, Inc. ("Contractor"), a corporation. City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
WHEREAS, by resolution of the City Council of the City of San Dimas (the “City Council”), the Contractor was duly awarded CONSTRUCTION CONTRACT NO. 2024-09 SAN DIMAS AVENUE LOOP RECONSTRUCTION FROM 500 FEET NORTH OF CALLE SOLANA, for the work or improvement hereinafter mentioned; and
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:

AGREEMENT
I. SCOPE OF WORK
Contractor shall perform within the time set forth herein of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of CONSTRUCTION CONTRACT NO. 2024- 09 SAN DIMAS AVENUE LOOP RECONSTRUCTION FROM 500 FEET NORTH OF CALLE SOLANA (“Project”) and as detailed in Exhibit A, “Project Schedule” attached hereto. The Project shall be performed and completed in a first class and workmanlike manner, with new and quality materials, under the supervision of and to the satisfaction of the City Engineer of the City of San Dimas (“City Engineer”).

Contractor promises and agrees that the Project shall be completed strictly in accordance with the Contract Documents, as defined below in Section XXIII, including but not limited to all plans and specifications, which are on file in the Office of the City Clerk.

The Contractor certifies and agrees that it is fully familiar with all of the terms, conditions and obligations of Contract Documents, the location of the job site, and the conditions under which the Project is to be performed based upon its investigation of all such matters.

The Contractor shall supervise and direct the work to complete the Project, using its best skill and attention, and shall be solely responsible for all construction means, methods, techniques, sequences and procedures. Unless otherwise noted, the Contractor shall be responsible for coordinating all portions of the Project, and the Contractor shall provide and pay for all labor, services, materials, installation, cartage, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, taxes, insurance, and other facilities and services necessary for the proper execution of the work to complete the Project. The Contractor further promises and agrees that the materials used in the Project shall comply with the Contract Documents and be to the satisfaction of the City Engineer, and that the Contractor will timely complete the Project, and turn the Project over to the City, complete and ready for use, and Attachment 2

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discharged from all claims or demands on any and all materials, equipment and labor used or to be used in the Project.

As soon as possible under the provisions of this Agreement, the Contractor shall backfill all excavations and restore to usefulness, all improvements existing prior to the start of the work to complete the Project.

The Contractor also agrees that it shall be responsible for the acts and omissions of all of its employees and subcontractors, their agents and employees, and for all other persons performing any of the Project under a contract with the Contractor.

By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, or the utilities. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the City, on account of delay, hindrance, interference, or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents. All work shall commence five (5) calendar days after receiving a written Notice to Proceed from the City. Contractor shall refer to the invitations for bids, and Project plans and specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all bid items comprises the entire Project and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 60 working days as detailed in the project specifications.

The working hours are Monday thru Friday, with the exception of City Holidays, 7:00 a.m. to 5:00 p.m.

III. AGREEMENT SUM
City shall pay to Contractor for the performance of this Agreement, subject to any additions and deductions provided in the Contract Documents, the sum of Two Million Six Hundred and Sixty Thousand Six Hundred Thirty Seven Dollars and No Cents (“Agreement Sum”).

Compensation paid to Contractor for the performance of this Agreement shall be consistent with the “Bid Schedule” as set forth in Exhibit B and incorporated herein by reference. All costs of prosecuting the work under this Agreement for the completion of the Project shall be included in the Contractor’s bid.

IV. PROGRESS PAYMENTS
Based upon Invoice submitted to the City by the Contractor and approval issued by the Director of Public Works, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided in the Contract Documents
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly

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submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

V. RETENTION OF SECURITIES
Public Contract Code section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor. Contractor shall notify City in writing of any election made under Public Contracts Code section 22300.

VI. WARRANTY
The Contractor warrants that all of the work pursuant to this Agreement shall be done in a first class, workmanlike manner and in accordance with Contract Documents, with new and quality materials and warrants all work performed to complete the Project and materials against defect or deviation (the “Defect”), both in the material or the workmanship, for a period of one (1) year from its completion of the Project, unless stated otherwise in the Contract Documents. If a Defect in the Project is latent, hidden or not readily observable, the Contractor's warranty shall be extended for one (1) year from the date of discovery of the Defect. The Contractor will within a reasonable time after written notice of a Defect, remedy and repair the Defect and any related damage resulting from the Defect (without any expense to the City).

VII. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where

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Indemnified Parties’ sole or active negligence or willful misconduct 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 sole or active negligence or willful misconduct of Indemnified Parties.

VIII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1", for Los Angeles County. The prevailing rate of per diem wages are on file at the City of San Dimas, Public Works Department, 245 E Bonita Ave, San Dimas CA 91773, and are available to any interested party on request. The Contractor is required to post at the job site the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations and other notices prescribed by regulation. Wage rates shall conform with those posted at the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1774 – Payment of General Prevailing Rate

2. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

3. Section 1777.4 - Apprenticeship Requirements

4. Section 1777.5 - Apprenticeship Requirements

5. Section 1813 - Penalty for Failure to Pay Overtime

6. Sections 1810 and 1811 - Working Hour Restrictions

7. Section 1776 - Payroll Records

8. Section 1773.8 - Travel and Subsistence Pay
IX. FURNISHING RECORDS TO CITY
The Contractor also agrees to furnish, if and when required, payroll affidavits, receipts, vouchers, release for claims for labor, material and subcontractors performing the work required to complete the Project under the Agreement, all in a form satisfactory to the City, and the Contractor also agrees that no payment shall be made, except at City's option, unless any or all of the requested documents have been furnished to the City.

X. RECORD AUDIT
In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

XI. CERTIFICATIONS
Not Applicable
XII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by City to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final payment authorization has been issued by the Director of Public Works

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XIII. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT The Contractor shall furnish all materials, tools, equipment and labor in the necessary quantity and quantity, and shall diligently prosecute the work contemplated by this Agreement to completion in a workmanlike manner.

In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from City or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the City may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the City to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the City, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from City, or Contractor shall pay City the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the City.

XIV. INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

Without limiting Contractor’s indemnification of City and/or the Indemnified Parties and prior to commencement of the Project, 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.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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 work 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.

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Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of

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recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide 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. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

XV. CONTRACTOR'S LICENSE
Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

Contractor’s State License No. is 968049, Class A. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

XVI. REGISTRATION REQUIREMENTS [Applicable to Public Works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

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Contractor must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. Contractor must ensure registration with the DIR is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Contractor is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the City knows that the same Contractor will be awarded total project costs in excess of $1,000 for a given year.

XVII. [RESERVED]
XVIII. COMPLIANCE WITH STATUTES AND REGULATIONS
Contractor will be knowledgeable of and shall comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders relating to the manner of doing the work under the Agreement or to the materials supplied therein.

XIX. PROVISIONS REQUIRED BY LAW
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 the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XX. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

B. Upon receipt of said notification, City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the

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Project, the City will issue a change order under the procedures described in the Contract Documents.

C. In the event a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement.

Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XXI. LIQUIDATED DAMAGES
Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed City will suffer damage. It is therefore agreed that Contractor shall pay to City the sum of $250.00 for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the City’s ability to seek other damages.

Contractor is to refer to Contract Documents for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity in the Contract Documents, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

XXII. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 Contractor shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay; 2) payment of money or damages arising from work done pursuant to this Agreement; and/or 3) payment of an amount disputed by the City under this Agreement.

XXIII. COMPONENT PARTS OF THE AGREEMENT
This Agreement entered into consists of the following documents (collectively, the “Contract Documents”), all of which are component parts of the Agreement as if herein set out in full or attached hereto:

Notice Inviting Bids Bid Bond
Scope of Work Summary Information Required of Bidder
Information for Bidders Contract Agreement

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Bid Form Certificate Regarding Workers
Compensation
Non-Collusion Affidavit Drug-free Workplace Certification Site Visit Certification Project Plans and Specifications Faithful Performance Bond Addenda
Labor and Materials Payment Bond Addendums
General Conditions Change Orders
Supplementary General Conditions Shop Drawing Transmittals Project Construction Schedule Special Conditions
Contractor’s Certificate Regarding NonAsbestos Containing MaterialsProposed Subcontractors Standard Specifications Standard Plans
Drawings
Those documents listed in Section 1-2 of the “Greenbook” Standard Specifications for Public Works Construction combined with all of the above-named documents are included as Contract Documents and are intended to be complementary. Work required any of the above-named contract documents and not by others shall be done as if required by all.

XXIV. BONDS
The Contractor agrees to furnish bonds guaranteeing the faithful performance of this Agreement and guaranteeing payment for all labor and materials used under the Agreement, as required by the laws of the State of California. The Faithful Performance Bond shall be for an amount not less than 100% of the amount of this Contract and shall be conditioned on full and complete performance of the Agreement, guaranteeing the work against faulty workmanship or materials for a period of one year after completion and acceptance. The Labor and Materials Payment Bond shall be in an amount of not less than 100% of the amount of the Agreement, and shall be conditioned upon full payment of all labor and materials entering into or incidental to the work covered by the Agreement.

The surety on the required bonds shall be a surety company of financial resources satisfactory to the City Council and authorized to do business in the State of California.

The Faithful Performance Bond and Labor and Materials Payment Bond are attached hereto as Exhibit C.

XXV. PROHIBITION AGAINST ASSIGNMENT
The Contractor may upon reasonable advance Notice to the City assign its rights to receive payment under this Agreement, provided the Contractor also provides to the City the consent of the surety to such assignment. The Contractor may not assign or delegate its duties under this Agreement, without the prior written consent of the City, which the City may not unreasonably withhold or delay. For purposes of this Agreement, assignment shall include any change of control, whether by merger, acquisition or otherwise, of Contractor or any of Contractor's corporate parents. Any assignment in violation of the assignment provisions herein shall be ineffective to relieve Contractor of its responsibility to complete the Project. Should the City consent to any such assignment by the Contractor, the consent shall not constitute a waiver of any other restrictions of assignment under the Agreement and the same restrictions on assignment shall apply to each successive assignment, if any.

XXVI. CALIFORNIA LAW

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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.

XXVII. 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.

XXVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SAN DIMAS, CALIFORNIA
Dated ________________, 20___ By: _____________________________ City Manager
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM::
_______________________________
City Attorney
CONTRACTOR**:

Dated ________________, 20___ ________________________________ By:

Authorized Representative
Title
By:

Authorized Representative
Title
Address:

Phone:

Fax:

Email:
**Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

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CONSTRUCTION AGREEMENT NO.

NOTARY ACKNOWLEDGMENT
A notary public 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 _______________________ )
)
COUNTY OF _____________________ )
On _____________________________, before me, _________________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (Seal)

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EXHIBIT A

PROJECT SCHEDULE
See Project Bid Specifications for
Construction Contract No. 2024-09 SAN DIMAS AVENUE LOOP RECONSTRUCTION FROM 500 FT NORTH OF CALLE SOLANA

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EXHIBIT B

BID SCHEDULE
Upon the completion of the Project both to the City Engineer’s satisfaction and in compliance with this Agreement, the City will pay, and the Contractor agrees to accept as full and final compensation for the Project, the total of all bid items, adjusted for variation of quantities at the unit prices for the materials actually used or furnished for the Project, as set forth below:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 1 LS
MOBILIZATION AND DEMOBILIZATION Complete in place for the unit price of: $237,648.00 per LS $237,648.00
2 1 LS
TRAFFIC CONTROL Complete in place for the unit price of: $88,000.00 per LS $88,000.00
3 1 LS
NPDES COMPLIANCE AND EROSION CONTROL Complete in place for the unit price of: $56, 350.00 per LS $56,350.00
4 1 LS
CLEARING AND GRUBBING Complete in place for the unit price of:
$32,300.00 per LS $32,300.00
5 1 LS
UNLASSIFIED EXCAVATION AND BACKFILL Complete in place for the unit price of: $630,000.00 per LS $630,000.00
6 841 TON
CLASS II AGGREGATE BASE Complete in place for the unit price of:
$78.00 per Ton $65,598.00
7 128,100
SQFT
COLD MILL 1.5 INCH DEPTH ASPHALT CONCRETE PAVEMENT
Complete in place for the unit price of: $0.49 per SQFT $62,769.00 8 280 TON
CONSTRUCT ASPHALT CONCRETE PAVEMENT, Complete in place for the unit price of: $265.00 per Ton $74,200.00
9 1810 TON

CONSTRUCT ASPHALT RUBBER HOT MIX PAVEMENT-ARHM
Complete in place for the unit price of: $285.00 per Ton $515,850.00

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10 7 EA
ADJUST MANHOLE TO GRADE Complete in place for the unit price of:
$2,400 per EA $16,800.00
11 17 EA
ADJUST UTILITY VALVE TO GRADE Complete in place for the unit price of: $1,200 per EA $20,400.00
12 8 EA
INSTALL TRAFFIC SIGNAL LOOPS Complete in place for the unit price of: $900.00 per EA $7,200.00
13 430 LF
INSTALL 6”CONCRETE CURB AND GUTTER (W=24”) Complete in place for the unit price of: $58.00 per LF $24,940.00
14 10 EA
INSTALL CONCRETE ADA CURB RAMP Complete in place for the unit price of: $6,800.00 per EA $68,000.00
15 200 SQFT
CONCRETE SIDEWALK Complete in place for the unit price of: $18.00 per SQFT $3,600.00
16 435 LF
REMOVE EXISTING 8 INCH CURB AND GUTTER Complete in place for the unit price of: $28.00 per LF $12,180.00
17 504 CY
REMOVE AND DISPOSE OF EXISTING ROADWAY AND BASE complete in place for the unit price of: $93.00 per CY $46,872.00 18 270 LF

REMOVE AND DISPOSE OF EXISTING METAL GUARD RAILING
complete in place for the unit price of: $69.00 per LF $18,630.00 19 1 EA

CONSTRUCT MIDWEST GUARD RAIL TERMINAL END DEPARTURE SIDE complete in place for the unit price of: $3,500.00 per EA $3,500.00 20 1 EA

CONSTRUCT MIDWEST GUARD RAIL TERMINAL END APPROACH SIDE complete in place for the unit price of: $6,300.00 per EA $6,300.00 21 360 LF
CONSTRUCT METAL GUARD RAILING Complete in place for the unit price of: $50.00 per LF $18,000.00
22 3000 SQFT
CONSTRUCT REINFORCED CONCRETE RETAINING WALL Complete in place for the unit price of: $195.00 per SQFT $585,000.00

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23 1 LS

CONSTRUCT TRAFFIC SIGNING, STRIPING, MARKERS, AND
MARKINGS AND SIGNS Complete in place for the unit price of:
$52,000.00 per LS
$52,000.00
24 1 LS
AS-BUILT REQUIREMENTS Complete in place for the unit price of:
$8,500.00 per LS $8,500.00
25 20 EA
SURVEY MONUMENTATION PRESERVATION Complete in place for the unit price of: $400.00 per EA $8,000.00
Total all Bid Items $2,662,637.00
Total Base Bid in Words: Two Million Six Hundred Sixty Two Thousand Six Hundred Thirty Seven Dollars and No Cents.

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EXHIBIT C
BONDS

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CITY OF SAN DIMAS

BOND FOR SECURITY OF LABORERS AND MATERIALMEN
CONSTRUCTION CONTRACT NO. 2024-09
Whereas, The City Council of the City of San Dimas (the "City"), State of California and (the "Principal") have entered into an Agreement (the "Agreement") dated __________________, 2024, whereby Principal agrees to install and complete the following public improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT NO. 2024-09 SAN DIMAS AVENUE LOOP RECONSTRUCTION FROM 500 FT NORTH OF CALLE SOLANA The Agreement is incorporated herein by reference.

Whereas, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure payment of the claims to which reference is made in Title 15 (commencing with Section 3082) of part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the Principal and the undersigned_____________________________, as corporate surety (the "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed or providing materials in the performance of the Agreement and referred to in aforesaid Civil Code in the sum of Two Million Six Hundred Sixty Two Thousand Six Hundred Thirty Seven Dollars and No Cents ($2,662,637.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor. Further, Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or the specifications accompanying

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the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, the Principal and Surety caused this Bond to be executed on this ________ day of ______________________, 2024.

Principal
________________________________
By:______________________________
Title:_____________________________
Surety
_________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________ Street Address
________________________________ City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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A notary public 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 LOS ANGELES )
On ____________ , before me, _________________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (Seal)

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CITY OF SAN DIMAS

BOND SECURING PERFORMANCE
CONSTRUCTION CONTRACT NO. 2024-09

SAN DIMAS AVENUE LOOP RECONSTRUCTION
FROM 500 FT NORTH OF CALLE SOLANA
Whereas, The City Council of the City of San Dimas (the "City"), State of California and Pavewest, Inc. (the "Principal") have entered into an Agreement (the "Agreement") dated _______________, 2024 whereby Principal agrees to install and complete the following improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT 2024-09 SAN DIMAS AVENUE LOOP RECONSTRUCTION FROM 500 FT NORTH OF CALLE SOLANA. The Agreement is incorporated herein by reference.

Whereas, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement.

Now, therefore, we, the Principal and_______________________________________, as surety (the "Surety"), are held and firmly bound unto the City, in the penal sum in the performance of the Agreement and referred to in aforesaid Civil Code in the sum of Two Million Six Hundred Sixty Two Thousand Six Hundred Thirty Seven Dollars and No Cents ($2,662,637.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and, save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension

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of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

In witness whereof, the Principal and Surety caused this bond to be executed on this ________ day of ______________________, 2024.

Principal
_________________________________
By: ______________________________
Title:_____________________________
Surety
________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________ Street Address
________________________________ City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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A notary public 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 LOS ANGELES )
On ____________ , before me, _________________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _________________________ (Seal)

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Approve Resolution 2024-65 Authorizing the City Manager to Enter into an Agreement with HdL Companies for Transient Occupancy Tax and Short-Term Rental Administration Services.
____________________________________________________________________________

SUMMARY
The City of San Dimas is requesting approval to enter into an agreement with HdL Companies to provide Transient Occupancy Tax (TOT) Administration and Short-Term Rental (STR) Administration services. HdL's services will streamline the City's tax collection process, ensure compliance among lodging providers, and enhance revenue through effective management and monitoring of both TOT and STR operations.

RECOMMENDATION
Staff recommends that the City Council:
• Approve Resolution 2024-65 authorizing the City Manager to execute the agreement with HdL Companies for the provision of TOT and STR Administration services as outlined in the proposal dated August 22, 2024, in a form approved by the City Attorney.

FISCAL IMPACT
The services provided by HdL will have associated costs as follows:
• $900.00 per property per year for TOT administration, plus CPI adjustments. • $16.00 per filing for STR administration, plus CPI adjustments. • $5,000.00 per year for STR compliance, plus CPI adjustments. • A one-time implementation fee of $4,500.00.

These expenses will be covered by the revenues generated through the administration of TOT and STR taxes, with the potential for increased revenue collection due to improved compliance and audit processes. HdL estimates that short term revenues in the City generate $150,000 in annual revenue, which would equate to $18,000 in additional tax revenue for the City, less the fees charged by HDL.

Approve Resolution 2024-65, Authorizing the City Manager to Enter into an Agreement with HdL Companies for Transient Occupancy Tax and Short-Term Rental Administration Services.

For the Meeting of September 10, 2024 Page 2

BACKGROUND
HdL Companies is a well-established provider of tax and fee administration services, specializing in assisting local governments with efficient and effective revenue collection. HdL's services include a comprehensive approach to managing TOT and STR taxes, including registration, payment processing, compliance monitoring, and audits.

The City of San Dimas has successfully partnered with HdL Companies for the administration of its Business License program. HdL’s expertise in tax and fee administration has significantly improved business compliance within the City by ensuring that all businesses adhere to the requirements outlined in the municipal code. Through their comprehensive approach, which includes education, monitoring, and regular audits, HdL has not only enhanced compliance but also increased revenue collections. The additional revenue generated as a result of HdL’s effective administration has consistently exceeded the fees charged by the company, providing a net financial benefit to the City. This success demonstrates HdL’s capability to manage and optimize municipal revenue programs, making them an ideal partner for expanding their services to include Transient Occupancy Tax and Short-Term Rental Administration.

In addition to business license administration, the City has previously engaged HdL to conduct Transient Occupancy Tax (TOT) audits. The most recent audit agreement which had a cost of $20,000, of which 4 of the City’s 6 hotels have been audited to date, identified over $60,000 in TOT revenue that had been omitted from the remittance reports by these hotels and should have been paid to the City.

By entering into this new agreement with HdL, the City will not only benefit from ongoing administration and compliance services but will also increase the frequency of TOT audits from every 5 years to every 3 years will is allowed per our municipal code. This enhanced frequency of audits will come at a minimal additional cost, further ensuring that the City maximizes its revenue from TOT collections and maintains high compliance rates among lodging providers.

DISCUSSION/ANALYSIS
HdL’s services will provide the City of San Dimas with the following benefits:

1. Improved Compliance and Revenue Collection: HdL's approach to TOT administration involves continuous monitoring and regular audits of lodging providers, ensuring that all due taxes are collected in a timely manner. Their STR administration services include a thorough identification process of short-term rental properties, helping the City to capture all eligible tax revenues.

2. Streamlined Processes: HdL will manage the City’s TOT and STR tax databases, process all filings and payments, and provide comprehensive reports. This reduces the administrative burden on City staff, allowing them to focus on other priorities.

3. Enhanced Transparency and Accountability: The HdL client portal offers 24/7 access to real-time data on tax filings and payments, enabling City officials to monitor the effectiveness of the program and ensure accountability.

4. Community Support and Education: HdL provides extensive support to lodging providers, ensuring they understand their tax obligations and how to comply. This includes educational campaigns and dedicated customer support services.

Approve Resolution 2024-65, Authorizing the City Manager to Enter into an Agreement with HdL Companies for Transient Occupancy Tax and Short-Term Rental Administration Services.

For the Meeting of September 10, 2024 Page 3
By entering into this agreement, San Dimas will enhance its ability to manage and enforce TOT and STR taxes, leading to more accurate revenue collection and increased compliance.

ALTERNATIVES
• The City Council could choose not to enter into the agreement with HdL, resulting in the City continuing to manage TOT and STR administration in-house with existing resources.
• The City Council could request further information or modifications to the proposed agreement before making a decision.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1. Resolution 2024-65

2. HDL Proposal

ATTACHMENT 1
RESOLUTION 2024-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, APPROVING AN AGREEMENT WITH HDL

COMPANIES FOR THE PROVISION OF TRANSIENT OCCUPANCY TAX AND

SHORT-TERM RENTAL ADMINISTRATION SERVICES
WHEREAS, the City of San Dimas seeks to improve the efficiency and effectiveness of its Transient Occupancy Tax (TOT) and Short-Term Rental (STR) tax administration; and WHEREAS, HdL Companies is recognized as a qualified provider of tax administration services, offering expertise in TOT and STR administration that will benefit the City by ensuring compliance, enhancing revenue collection, and reducing administrative burdens on City staff; and WHEREAS, the City Council has reviewed the proposed agreement and finds it to be in the best interest of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Dimas as follows:

SECTION 1. The City Manager is hereby authorized and directed to execute the agreement with HdL Companies for TOT and STR administration services, as detailed in the proposal dated August 22, 2024.

SECTION 2. This agreement shall be ongoing, with annual reviews to ensure the continued effectiveness and cost-efficiency of the services provided by HdL Companies.

SECTION 3. The City Manager and City staff are authorized to take all necessary actions to implement and administer the provisions of this agreement.

PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk

Resolution 2024-65 Page 2
HDL TOT & STR Administration Agreement
September 10, 2024
I, Debra Black, City Clerk, hereby certify that Resolution 2024-65 was adopted by the City Council of San Dimas at its regular meeting of September 10, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

City of
San Dimas, CA
Tax & Fee Administration Services
August 22, 2024

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Suite 200
Brea, CA 92821
hdlcompanies.com

CONTACT
Connor Duckworth
T: 714-879-5000
E: [email protected]
ATTACHMENT 2

Thank you for the opportunity to present this proposal for HdL’s Services:
• HdL Transient Occupancy Tax Administration Services
• HdL Short-Term Rental Administration Services
Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received.

This proposal is valid until: October 31, 2024. Should you have any questions, please contact me at 888.861.0220 or by email at [email protected].

Tax and Fee Services
Service Compensation
Transient Occupancy Tax
Administration (Includes Audits)
$900.00/Property/year + CPI
Short Term Rental Administration $16.00Filing + CPI
Short Term Rental Compliance $5,000.00/Year + CPI
Implementation Fee – One-Time Fee $4,500.00
Payment transactions are subject to typical payment processing and returned payment fees. HdL supports both agency funded (fees paid by City) and convenience fee (fees paid by taxpayer) models.

TRANSIENT OCCUPANCY TAX ADMINISTRATION
General Scope of Services
HdL’s transient occupancy tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day-to-day administration of the TOT revenue program. Continual monitoring of returns is the optimal way to increase compliance while maintaining positive relations with the City’s lodging providers.

The program is education focused, ensuring that lodging providers are clear on reporting requirements and methodology. HdL’s tax administration professionals are available as needed to support both the City’s team and the City’s lodging providers. The City is kept up to date, with 24x7 online access to HdL’s client portal containing real time access to registration and filing data, and management reporting. HdL’s TOT administration service incorporates all of the following:

Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to TOT into HdL’s internal administration tools. HdL will maintain

the data, software, online filing portal for lodging providers, and online client portal for the City.

Return Processing – HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process.

New Account Processing – HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties.

Payment Posting / Processing – HdL will process all payments made for new and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL’s fees on no less than a monthly basis.

On-Line Filing & Payment Processing – With input from the City, HdL crafts a customized website and domain for the City’s taxpayers to submit online forms, returns, and payments along with other customer support related items.

Compliance Monitoring & Lodging Provider Audits – HdL will ensure accurate filings of TOT returns by consistently monitoring returns and educating lodging providers on filing requirements. HdL will also provide cyclical compliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years. The compliance audit process is described above in Option 1.

Reports – HdL’s TOT administration service includes a variety of standard reports demonstrating account activity and filing trends. During service implementation HdL will work with the City to identify reporting requirements and frequency/method of delivery and will supplement our standard service with custom reports as needed to meet the City’s requirements.

Progress Payments – HdL’s TOT administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit.

Customer Support Center – HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries. A tollfree number will be provided to businesses in order to access one of our tax specialists.

Lodging providers will also have access to support via e-mail, fax, and the online Business Support Center.

Annual Audit Plan – During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule. This allows HdL to work cooperatively with the City to identify the entities that require attention first. HdL works directly with the City to ensure consensus on the audit schedule for the program.

SHORT TERM RENTAL ADMINISTRATION
General Scope of Services
The Short-Term Rental (STR) Program provided by HdL takes a unique approach in ensuring compliance and educating lodging providers, including short term rental hosts (STR Hosts), in transient occupancy tax regulations and filing procedures, regulatory permits and licensing, and other City specific goals and objectives. HdL’s program involves a modular, customer service centric approach, which reduces City administrative costs and provides the City with assurances of future compliance and reporting practices from the City’s short-term rental lodging industry.

HdL’s modular approach starts with a detailed analysis of STR listing on a variety of published methods, including Airbnb, Home Away, VRBO, etc. This process creates a full inventory of shortterm rentals within the City’s proscribed geographic boundary, including the full name of the owner and the physical address of the unit. Each STR is tracked and updated nightly with valuable data that can include items such as number of nights rented, average occupancy rates, room rates, as well as trend and usage reporting.

Following identification, HdL conducts a targeted education and compliance campaign designed to inform STR Hosts of their obligations to file and remit taxes and other requisite licenses and permits as may be needed. Each lodging provider is provided a full overview of the requirements and how to best comply both in the present and the future. During the registration process, HdL offers a variety of support options to the community including online filing, file-by-phone, email, and registration via standard mail. HdL tax and license specialists are available throughout the process to provide support to the STR community and to assist in the registration process.

Once registered, accounts move into a standard administration process. HdL manages the filing of tax returns and other prerequisites on a quarterly or monthly basis, depending on City requirements. This includes mailing of tax returns, processing of payments, customer support, delinquency follow up, and the development and management of an online portal for registration, filing, payments, and other support related needs.

STR Identification & Monitoring
HdL compiles a list of all actively posted short term rentals available from a wide array of sources.

Lists are compiled and aggregated to accommodate duplicate listings from various sites. During the identification and monitoring process, HdL will:
• Scan over 20 different rental sites, including global aggregators like HomeAway/VRBO Airbnb, Turnkey.com, and Booking.com, national aggregators like Vacasa and Turnkey and small, local property management firms.
• Match Listings to specific parcels using GIS and property tax assessor data. • Create comparison reports to determine which properties may already be compliant or registered and paying taxes.
• Provide visual map of all listings within the City.
• Record listing details such as start date, various sites linked to, other information

necessary for documenting evidence of STR activity; and • Continually monitor activity to identify and record new listings and closures to ensure accurate real-time identification and monitoring.

Education, Registration, and Compliance
Using the list of active STR listings, HdL conducts a series of City approved education-based programs ranging from mailers to direct phone contacts. Each packet contains all the information necessary to obtain registration and comply with local requirements. HdL assists STR hosts throughout the program with information and support with all aspects of becoming compliant.

During this program, HdL will:
• Validate listing to ensure proper identification and filter out records that may lead to erroneous contacts.
• Notify non-compliant entities with a series of education-based packets designed to garner compliance.
• Provide a support center for assistance with general questions, support, and assistance with filing and paying returns.
• Provide online portal with links to FAQs, education packets, and support for registering, filing returns, and making payments online. • Follow up with non-compliant accounts to obtain registration • Work with City to identify additional requirements and ensure collection of data necessary to enforcement procedures.
• Establish optional implementation items such as amnesty programs, back tax and penalty provisions, and other pre-registration programs.

Short-Term Rental - Permitting
In conjunction with Short-Term Rental (STR) discovery activities, HdL will administer STR business license/permitting for new and renewing properties. HdL will establish and maintain the permitting process under the direction of the City. This process will include:
• Contacting new and renewing property owners by email, phone, and mail to assist with the renewal process
• Collection of all fees associated with permitting
• Collection of all required documents, review for accuracy prior to submitting them to County stake holders for examination
• Obtaining appropriate City approvals prior to business license/permit issuance

• Issuing business license/permit documents to STR property owners

01171.0006/1013910.1
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Brandon Slater, Associate Engineer
Subject: Approve the Purchase of Street Lights and Fixtures for the Wooden Street Light and Red Street Light Replacement Project; Relieve ESB Light LLC from their Bid Due to a Clerical Error; Waive Requirement to Publicly Open Bids, Award the Purchase of Decorative City Lighting Equipment to United Electric Supply as the Lowest Responsible Bidder for the Bid Amount of $152,795.59; Authorize a Budget of $152,795.59 for Copenhagen Lights (CS-7767-REV1) Provided by Sun Valley Lighting; and Authorize City Manager to Execute a Purchasing Agreement with United Electric Supply on a Form Approved by the City Attorney.
____________________________________________________________________________

SUMMARY
The Wooden Copenhagen and Red Steel Pole (6.6 KV) Street Light Replacement Project will replace existing streetlights near the Civic Center and on Bonita Avenue from San Dimas Avenue to Walnut Avenue, including Iglesia and Walnut as detailed in Attachment 1. This project encompasses replacing the existing streetlights, the dilapidated conduit, and providing two new meter pedestals. The current street light poles and systems show significant deterioration and require replacement.

Due to anticipated long lead times, the purchase of Copenhagen Lights (CS-7767-REV1) was bid separate from the construction contract. Nostalgia Series Street Lights that form part of this project were approved for purchase at the July 9th, 2024, Council Meeting. A future staff report will address the award of a construction contract for installing the conduits and foundations.

The entire street lighting project is estimated at $1.3 million. This report covers a portion of the material procurement totaling $152,795.59 for the purchase of Copenhagen Street Lights.

RECOMMENDATION
Staff recommends that the City Council approve the following:

1. Relieve ESB Light LLC from their bid due to a clerical error.

Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project Page 2 For the Meeting of September 10, 2024
01171.0006/1013910.1

2. Waive requirement to publicly open bids.

3. Award the Purchase of Decorative City Lighting Equipment to United Electric Supply as the lowest responsible bidder for the bid amount of $152,795.59.

4. Authorize a budget of $152,795.59 for Copenhagen Lights (CS-7767-REV1) provided by Sun Valley Lighting.

5. Authorize City Manager to execute a purchasing agreement with United Electric Supply on a form approved by the City Attorney.

FISCAL IMPACT
This report includes the material purchase of the Copenhagen Lights, forming part of a larger project. Staff requests Council's approval of $152,795.59, which was allocated in the FY 2023- 2024 budget.

These poles are part of the larger project to replace the existing Wooden Copenhagen and Red Steel Pole (6.6 KV) streetlights, as shown in Attachment 1 including the replacement of conduits and foundations. The engineer’s estimate for the entire project is approximately $1,300,000, allocated across FY 2023-2024 and FY 2024-2025 budgets in the Citywide Lighting District Fund. A more detailed estimate will be provided in a future staff report for the award of the construction cost.

Overall Project Budget
Nostalgia Series Street Lights and Pedestals $121,447.00 Approved July 09, 2024 Copenhagen Street Lights (estimated) $152,795.59 This Staff Report Construction Cost (estimated) $1,025,757.41 Future
Overall Project Budget (estimated) $1,300,000
Staff requested bids for the procurement of Copenhagen style streetlights. The poles and luminaires are manufactured by Sun Valley Lighting to match existing lights already in use by the City. Equipment cost are as follows:

Copenhagen Street Lights manufactured by Sun Valley Lighting (Quantity of 31) for $152,795.59.

BACKGROUND
On August 14, 2024, the City received four (4) bids for the Purchase of Decorative Lighting Equipment. The preliminary bid results are as follows:

Contractor Base Bid
1 ESB Light LLC $ 45,849.00
2 United Electric Supply $ 152,795.59
3 Walters Wholesale Electric $ 162,099.00
4 Rexel USA $ 231,674.78

Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project Page 3 For the Meeting of September 10, 2024
01171.0006/1013910.1
Upon receipt of the Lowest Bidder’s request for relief, Staff consulted with the City Attorney. The grounds for such relief are provided in Public Contract Code (PCC) Section 5103. The code section is presented below in bold with the analysis included in italics below each section:

Public Contract Code Section 5103 the bidder is required to establish to the satisfaction of the [City] that:
a) a mistake was made
ESB Light LLC Letter received 8/19/24 notified the City that an error was made in the bid proposal for the Purchase of Decorative City Lighting Equipment. b) .. [the contractor] gave the public entity written notice within five working days…after the opening of the bids of the mistake specifying in the notice in detail how the mistake occurred.

ESB Light LLC provided written notification of the error on 8/19/2024. The bid opening was on 8/14/2024. The notice was provided within 5 working days as required.

c) The mistake made the bid materially different than [the contractor] intended it to be.

The mistake amount was $229,223 which is more than 25% of the bid constituting a material cost difference.
d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

The distributor reports the mistake was made from a communication error and not from error in judgment or carelessness in inspecting the site of work.

The contractor’s request for relief from the bid meets the criteria for PCC 5103.

The Wooden Copenhagen and Red Steel Pole (6.6 KV) Street Light Replacement Project will replace 28 existing wooden Copenhagen and Red Steel Pole (6.6 KV) streetlights near civic center as shown in attachment 1. The project will replace the existing street lighting on Bonita Ave. between Walnut Ave. and San Dimas Ave., Walnut Ave. between Bonita Ave. and 2nd St., Iglesia Street between Bonita Avenue and 1st Street and San Dimas Avenue between Bonita Ave. and 1st St.

The Wooden Copenhagen street light poles at Civic Center are showing signs of deterioration and need to be replaced. At the May 11, 2021, council meeting, Staff presented the proposed layout. After further investigation, a redesign of the project was required due to the condition of the existing conduit, necessitating replacement and the addition of two new pedestals. Electrical outlets were also added to the new Copenhagen street light poles. During the redesign, the Red Street Lights (6.6 KV) system failed, leading to the combination of both projects into one comprehensive replacement project. The combined design is now finished. As the lead time on the poles is 4 to 6 months, the poles are proposed to be ordered first. The construction contract will be publicly bid and brought for Council consideration also in the near future. Construction is anticipated to start in January of 2025.

DISCUSSION/ANALYSIS

Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project Page 4 For the Meeting of September 10, 2024
01171.0006/1013910.1
The City utilizes one supplier in order to match the City’s Standard Copenhagen Street Lights and provide a uniform product for residents throughout the City. All Copenhagen streetlights installed within the city are provided by Sun Valley Lighting and are purchased through their distributors. The street light pole is designed specifically for the City with structural calculations stamped by a licensed engineer.

Purchase of equipment is required to comply with Municipal Code Section 3.28.110. Formal bid procedures for purchase of supplies, services, professional service.... This section was followed with one exception. The “Notice Inviting Bids" was published on public bid boards as well as sent to specific vendors and a time was set for receipt of the bids. However, the bids were not publicly opened as required by the code section. This Code is a City standard intended to prevent collusion and provide public transparency on bids.

Staff consulted with the City Attorney regarding this error and is including the bids received in Attachment 4 for public transparency. The City Attorney indicated the error does not violate State Law and risk of collusion is minimal as there is only one manufacturer of this item, so the cost differential is minor.

Additionally, this is the second time the Copenhagen lights were out to bid with three of the same bidders. The first round of bids was discarded due to language missing in the Notice Inviting Bids that did not specify why the sole manufacturer was required. The Copenhagen Street lights are designed by a licensed engineer for the City. The poles must match existing fixtures used in the City to include aluminum mill thickness, electric outlets, decoration holders, etc.

With the above considerations, Staff recommends that Council waive the requirement for public opening of the bids.

There are thirty Copenhagen street lights required for the Wooden Street light/Red Steel Pole replacement project. One Pole was added to the bid quantity to be installed on San Dimas Avenue just South of the Metro Gold Line Tracks as part of the Gold Line Project. This increases the total quantity to 31 Copenhagen streetlights provided by Sun Valley Lighting.

Ameron poles, Spring City luminaires, Sun Valley Lighting Copenhagen lights and Tesco meter pedestals will be furnished by the City prior to the construction project due to long lead times.

This provides a cost savings to the City and shortens the overall construction schedule.

There are a total of 43 street light poles required for the project. On July 09, 2024, Council approved the purchase of the nostalgic streetlights and pedestal equipment that form part of the project. With the 30 Copenhagen poles, all street light poles and equipment to be furnished by the City for this project will be ordered.

ALTERNATIVES
The City Council may choose to not approve or authorize the equipment/material cost for the Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project. The funding allocated for the construction could be used to complete other future lighting replacement or repair projects. Delaying the purchase of the materials/equipment may result in increased construction time and delays due to the long lead times required for procurement.

Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project Page 5 For the Meeting of September 10, 2024
01171.0006/1013910.1

ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt under CEQA guidelines, Title 14, Article 19 Categorical Exemptions, Section 15302. Replacement or Reconstruction Class 2.

Respectfully submitted,
Brandon Slater
Associate Engineer
Attachments:

1. Wooden Copenhagen and 6.6 kv (Red Steel Pole) Street Light Replacement Project - Location Map and Image

2. Purchase of Decorative Lighting Equipment Bid Specifications

3. Letter to Withdraw Bid due to a Clerical Error for ESB Light LLC

4. Bids Received.

ATTACHMENT 1

DOWNTOWN STREET LIGHTS
LEGEND:

MARBELITE NOSTALGIA RED STEEL POLE
(REMOVE)

STEEL COPENHAGEN MARBELITE WOODEN COPENHAGEN
(REMOVE)
1 of 1 WOODEN COPENHAGEN AND 6.6 KV (RED STEEL POLE) STREET LIGHT REPLACEMENT PROJECT

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
1 City of San Dimas
Project Specifications for Purchase
of Decorative City Lighting Equipment
Request for Quotes:

RFQ Release Date: Tuesday, July 30, 2024
Quotes Due Date: Wednesday, August 14, 2024
Quotes must be received on or before Wednesday, August 14, 2024 at 2:30 pm for work described in the Notice Inviting Bids entitled:

Notice Inviting Informal Bids for Purchase
of Decorative City Lighting Equipment
Scope of Work:

The City of San Dimas is soliciting quotes to provide street light poles and fixtures for Thirty-one (31) CS-7767-REV1 (15’ pole) streetlights manufactured by Sun Valley Lighting. The work includes, but is not limited to the following:
x Provide Thirty-one (31) Part No. SBMTL CS-7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY w/POLE from SUN VALLEY LIGHTING including anchor bolts from manufacturer.
x Include all cost to deliver to:

City of San Dimas Maintenance Yard.
301 S. Walnut Avenue,
San Dimas, Ca 91773
x Anchor Bolts shall be delivered via a separate delivery prior to the street light delivery.
x All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
x Pursuant to Public Contract Code 3400(c)(2) the City finds that all poles must be Sun Valley Lighting Model CS-7767-REV1 in order to match other poles in use in the City.

Note:
x Delivery of poles and anchor bolts shall be coordinated with the City of San Dimas Public Works Department. The City anticipates scheduling delivery of street lights and poles in January of 2025. The City anticipates scheduling delivery of anchor bolts and templates November of 2024. x Due to site restrictions, all vehicles deliveries shall be made with equipment of a WB-50 or less (max of 50-foot vehicle wheelbase).
x Street lights shall be ordered within (10) business days after issuance of the Purchase Order by the City.
x The item(s) provided shall be new, complete with all necessary equipment and accessories for correct operation, and ready to use at the time of delivery. x Manufacturers standard warranty shall be included.
x All questions shall be received by email to [email protected] no later than August 09, 2024 at 4:00 pm.

ATTACHMENT 2

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
2 INSTRUCTIONS TO BIDDERS FOR QUOTES REQUIREMENTS
a. Bids shall be made upon the forms attached herein; all bid items shall be properly filled out; numbers shall be stated both in words and in figures, and the signatures of all persons signing shall be in longhand. If there is a conflict in the bid item unit prices and bid item totals, the bid item unit prices shall govern.

Should it be necessary to remove any of the bid document pages for typing the proposal, etc., they shall be reassembled and submitted. No oral, telephone, facsimile, or other electronic quotes will be accepted. b. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out, and corrections typed or written with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid.
c. Any proposal which, in the opinion of the City Council, is so unbalanced between the various Contract items so as to be detrimental to the best interest of the City will be rejected.
d. All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
e. All Bids shall be emailed to [email protected], on or before the day and hour set for the opening of bids, in the "Notice Inviting Bids," which bids shall bear the title of the Work and the name of the bidder.
f. Bid protests shall comply with City Municipal Code Section 3.30.080. g. The associate engineer will open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids." Bidder and/or their authorized representatives will be provided a tabulation of all bids received.
h. The Contract for the Work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City Council, however, reserves the right to reject any and all bids, and to waive any informality in the bids received. The City Council also reserves the right to withhold award for a period not to exceed ninety (90) days from the date the bids are received by the City Clerk of the City as specified in the "Notice Inviting Bids." Payment and Compensation
Payment to be received in full after satisfactory delivery of specified lighting equipment received by the City.

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
3 Purchase of Decorative
City Lighting Equipment
BIDDER’S PROPOSAL

TO THE SAN DIMAS CITY COUNCIL
The undersigned, as bidder, declares that this proposal is made without collusion with any other person, firm, or corporation; and that the only person or parties interested as principles are those named herein; that he has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules, or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevents any subcontractor or materialman from bidding to any Contractor who does not use the facilities of, or accept bids from or through such bid depository; and having carefully examined the site of the proposed work and plans and specifications, therefore, as well as the “Notice Inviting Bids,” all motions by the City Council pertaining thereto, and the proposed Contract, and The Contractor from considering any bid from any subcontractor or materialman which having informed himself fully in regard to the contemplated work, proposes and agrees in the event of the acceptance hereof, to enter into a Contract with the City Council of the City of San Dimas, to perform said proposed work in accordance with the terms of said Contract, and to furnish or provide all material, equipment, labor, tools, apparatus, and other means necessary so to do in accordance with the terms and provisions of said Contract, to wit:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 31 EA Procure, and Provide Part No. SBMTL CS7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY with POLE including anchor
bolts, all applicable taxes and all
deliveries.
($___________________) per Each
_______________
TOTAL BASE BID ITEMS $ _________________________________ TOTAL BASE BID IN WORDS:

COMPANY NAME: _____________________________________________________ AUTHORIZED REPRESENTATIVE:_________________________________________ (printed name and title)
SIGNATURE OF AUTHORIZED PARTY: _____________________________________ 


_______________


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6,;'2//$56$1'6(9(17<&(176
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6&27767(:$57/,*+7,1*$&&28170$1$*(5

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
4 APPENDIX A (Project Plans)

TOP VIEW

DURABLE CORROSION RESISTANT CAST ALUMINUM HOOD
AND HOUSING. LUMINAIRE PROVIDED WITH HALF FROSTED
ACRYLIC LENS. CAST ALUMINUM TOP HINGES FOR EASY
RELAMPING. LUMINAIRE PROVIDED WITH SPUN AND CAST
ALUMINUM DECORATIVE FINIAL.
48 EMITTERS (LED’S) DRIVEN AT 875mA FOR 131 TOTAL
INPUT WATTS. NEUTRAL WHITE (CCT 4000K)FOR THE ENTIRE
MODULE. EMITTERS ARE ARRAYED ON A METAL CORE PCB

PANEL LOCATED ON A COPPER THERMAL TRANSFER PAD,
EACH EMITTER IS ENCLOSED BY AN INJECTION MOLDED H12
ACRYLIC LED REFRACTOR. ALL REFRACTORS ARE RETAINED
BY AN ALUMINUM FRAME. ALL PANELS IN A LUMINAIRE HAVE
THE SAME OPTICAL PATTERN. LED REFRACTORS PRODUCE
STANDARD SITE/AREA DISTRIBUTION TYPES III. PANELS
ARE FIELD REPLACEABLE AND FIELD ROTATABLE IN 90°
INCREMENTS.

CONSTANT CURRENT ELECTRONIC WITH A POWER FACTOR
OF >.90 AND A MINIMUM OPERATING TEMPERATURE OF
-40°F. DRIVER(S) IS/ARE UL AND CUL RECOGNIZED AND

MOUNTED DIRECTLY AGAINST THE ELECTRICAL HOUSING

TO FACILITATE THERMAL TRANSFER, HELD DOWN BY
UNIVERSAL CLAMPS TO FACILITATE EASY REMOVAL. IN-LINE

TERMINAL BLOCKS FACILITATE WIRING BETWEEN THE
DRIVER AND OPTICAL ARRAYS. DRIVERS ACCEPT AN INPUT
OF 120-277V, 50/60HZ. 20KA SURGE PROTECTOR WITH END
OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE.

CAST AND EXTRUDED ALUMINUM CONSTRUCTION.
(CAST ALUM. =0.25WT., EXTRUDED ALUM.=0.125 W.T.)
5” SQUARE EXTRUDED FROM 6063 ALUMINUM ALLOY TUBING
(.188 WALL) HEAT TREATED TO PRODUCE A T6 TEMPER.

SHAFT INCLUDE A HAND HOLE FURNISHED WITH COVER.

CAST ALUMINUM CONSTRUCTION FROM 356 ALUMINUM

ALLOY, ANCHOR BASE IS CIRCUMFERENTIALLY WELDED TO
SHAFT.

TWO PIECE, HEAVY WALL CONSTRUCTION ENTIRELY
CONCEALS ANCHOR BASE.
(4) 3/4"X24" FULLY GALVANIZED ANCHOR BOLTS. EACH
BOLT SUPPLIED WITH TWO NUTS AND TWO WASHERS.

POLYESTER POWDER COAT
(COLOR: BLACK TEXTURED, RAL-9005-T.)

POLE ASSEMBLY DESIGNED TO ACCEPT OPEN TYPE
ORNAMENT MAX 30”X 30”. ORNAMENT IS 10 # MAX WGT. AS
MANUFACTURED BY HARRINGTON DECORATING CO.

HUNTINGTON BEACH. CA.

LUMINAIRE:

P-LED:

SYSTEM
DRIVERS:

ARM:

SHAFT:

BASE PLATE:

BASE COVER:

ANCHORAGE:

FINISH:

NOTE:

SPECIFICATIONS:

SBMTL-7767 REV. 1 +
- .02"

DESCRIPTION
DR'N
PART NO.

DATE

CHK'D MAT'L

SCALE SHEET
REV.
660 WEST AVENUE O, PALMDALE, CA.93551 Ph. (661) 233-2001 Fax (661) 233-2001

TOLERANCE UNLESS
NOTED:

HOLES: +
- .01"
06/04/24
1 CUSTOMER APPROVAL:

A signed approval will be required with the released order X DATE:

PROPRIETARY SUBMITTAL, DO NOT MODIFY.

SYM. REVISION BY DATE

1. SCALE: 1/2" = 1'-0"
23¾"
5" 7"
33"
5"X2" (2 PROVIDED)
ALUM. TUBING
(.125 WALL)
48"
12¾" 18" 6"
14¾"
15'-0"
4"
11'-8"
HAND
HOLE
WITH
COVER
18"
28"
11¾" DIA.

BOLT CIRCLE
1/8" WELD
2" SQ. ALUMINUM
TUBING
(.125 WALL)
1/8" WELD
G.F.I. LOCATED
90° TO THE

LEFT OF

HAND HOLE
G.F.I.

LOCATED
90° TO THE

LEFT OF

HAND HOLE
13/8" I.D.

FIXED FLAG

HOLDER SECURED

WITH THRU BOLT
SUPPLIED WITH 13/16"DIA.

X 1 1/2" DEEP

REMOVABLE

CHRISTMAS

ORNAMENT HOLDER,
AND 3/4" FEMALE

THREADED
COUPLING.

WELDED INSIDE POLE
3/8 DIA.

SPEAKER
HOLE

SPEAKER

WIREWAY
45°

ESB Light LLC would like to withdraw the bid submitted for the Purchase of decorative lighting equipment on August 14, 2024 due to a clerical error. The team sent the wrong price.

Project name: City of San Dimas - Project Specifications for Purchase of Decorative City Lighting Equipment
Bid due date and time: August 14, 2024 at 2:30 pm
Thank you for the consideration,
_____________________________________________
Priscilla Naccarato
Business Development Manager
ESB Light LLC

ESB LIGHT LLC
1902 HOLDEN RIDGE LANE

MINNEOLA - FL
34715
ATTACHMENT 3

Purchase of Decorative City Lighting Equipment
All Bids Received
ATTACHMENT 4

BID

ITEM QUANTITY UNIT DESCRIPTION OF BASE BID ITEM UNIT PRICE BID ITEM TOTAL UNIT PRICE BID ITEM TOTAL UNIT PRICE BID ITEM TOTAL UNIT PRICE BID ITEM TOTAL 1 31 EA
Procure, and Provide Part No. SBMTL ^ϳϳϲϳͲZ
sϭͲK^ϭͬ>ϭͲW>
Ͳ///ϰϴ>
ͲϴϳϱDͲϰϬ<ͲhEsͲZ>ϵϬϬϱdASSEMBLY with POLE including anchor bolts, all applicable taxes and all deliveries. ϭ͕ϰϳϵ͘ϬϬ $ ϰϱ͕ϴϰϵ͘ϬϬ $ ϰ͕ϵϮϴ͘ϴϵ $ ϭϱϮ͕ϳϵϱ͘ϱϵ $ ϱ͕ϮϮϵ͘ϬϬ $ ϭϲϮ͕Ϭϵϵ͘ϬϬ $ ϳ͕ϰϳϯ͘ϯϴ $ Ϯϯϭ͕ϲϳϰ͘ϳϴ $ Walters Wholesale Electric United Electric Supply Rexel USA

PURCHASE OF DECORATIVE LIGHTING EQUIPMENT
TOTALS

BIDDER'S NAME
Bid Date: August 14, 2024 at 2:30 p.m.

ESB Light LLC
45,849.00 $ 152,795.59 $ 231,674.78 $ 162,099.00 $

From: Assinatura de E-mail
To: Brandon Slater
Subject: Notice Inviting Informal Bids for Purchase of Decorative City Lighting Equipment Date: Wednesday, August 14, 2024 6:57:29 AM
Attachments: b295acd9.png
Specifications - Purchase of Decorative Lighting Equipment - 7-30-2024 - ok.pdf W-9 (2).pdf
ESB POLICY INSURANCE (1).pdf
You don't often get email from [email protected]. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report phish using Phish Alert Button.

Hello,
Attached the documents for the BID "Purchase of Decorative City Lightning Equipment".

If you have any questions, please, let me know.

Thank you,
--

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
1 City of San Dimas
Project Specifications for Purchase
of Decorative City Lighting Equipment
Request for Quotes:

RFQ Release Date: Tuesday, July 30, 2024
Quotes Due Date: Wednesday, August 14, 2024
Quotes must be received on or before Wednesday, August 14, 2024 at 2:30 pm for work described in the Notice Inviting Bids entitled:

Notice Inviting Informal Bids for Purchase
of Decorative City Lighting Equipment
Scope of Work:

The City of San Dimas is soliciting quotes to provide street light poles and fixtures for Thirty-one (31) CS-7767-REV1 (15’ pole) streetlights manufactured by Sun Valley Lighting. The work includes, but is not limited to the following:
x Provide Thirty-one (31) Part No. SBMTL CS-7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY w/POLE from SUN VALLEY LIGHTING including anchor bolts from manufacturer.
x Include all cost to deliver to:

City of San Dimas Maintenance Yard.
301 S. Walnut Avenue,
San Dimas, Ca 91773
x Anchor Bolts shall be delivered via a separate delivery prior to the street light delivery.
x All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
x Pursuant to Public Contract Code 3400(c)(2) the City finds that all poles must be Sun Valley Lighting Model CS-7767-REV1 in order to match other poles in use in the City.

Note:
x Delivery of poles and anchor bolts shall be coordinated with the City of San Dimas Public Works Department. The City anticipates scheduling delivery of street lights and poles in January of 2025. The City anticipates scheduling delivery of anchor bolts and templates November of 2024. x Due to site restrictions, all vehicles deliveries shall be made with equipment of a WB-50 or less (max of 50-foot vehicle wheelbase).
x Street lights shall be ordered within (10) business days after issuance of the Purchase Order by the City.
x The item(s) provided shall be new, complete with all necessary equipment and accessories for correct operation, and ready to use at the time of delivery. x Manufacturers standard warranty shall be included.
x All questions shall be received by email to [email protected] no later than August 09, 2024 at 4:00 pm.

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
2 INSTRUCTIONS TO BIDDERS FOR QUOTES REQUIREMENTS
a. Bids shall be made upon the forms attached herein; all bid items shall be properly filled out; numbers shall be stated both in words and in figures, and the signatures of all persons signing shall be in longhand. If there is a conflict in the bid item unit prices and bid item totals, the bid item unit prices shall govern.

Should it be necessary to remove any of the bid document pages for typing the proposal, etc., they shall be reassembled and submitted. No oral, telephone, facsimile, or other electronic quotes will be accepted. b. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out, and corrections typed or written with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid.
c. Any proposal which, in the opinion of the City Council, is so unbalanced between the various Contract items so as to be detrimental to the best interest of the City will be rejected.
d. All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
e. All Bids shall be emailed to [email protected], on or before the day and hour set for the opening of bids, in the "Notice Inviting Bids," which bids shall bear the title of the Work and the name of the bidder.
f. Bid protests shall comply with City Municipal Code Section 3.30.080. g. The associate engineer will open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids." Bidder and/or their authorized representatives will be provided a tabulation of all bids received.
h. The Contract for the Work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City Council, however, reserves the right to reject any and all bids, and to waive any informality in the bids received. The City Council also reserves the right to withhold award for a period not to exceed ninety (90) days from the date the bids are received by the City Clerk of the City as specified in the "Notice Inviting Bids." Payment and Compensation









 

 






















Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
3 Purchase of Decorative
City Lighting Equipment
BIDDER’S PROPOSAL

TO THE SAN DIMAS CITY COUNCIL
The undersigned, as bidder, declares that this proposal is made without collusion with any other person, firm, or corporation; and that the only person or parties interested as principles are those named herein; that he has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules, or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevents any subcontractor or materialman from bidding to any Contractor who does not use the facilities of, or accept bids from or through such bid depository; and having carefully examined the site of the proposed work and plans and specifications, therefore, as well as the “Notice Inviting Bids,” all motions by the City Council pertaining thereto, and the proposed Contract, and The Contractor from considering any bid from any subcontractor or materialman which having informed himself fully in regard to the contemplated work, proposes and agrees in the event of the acceptance hereof, to enter into a Contract with the City Council of the City of San Dimas, to perform said proposed work in accordance with the terms of said Contract, and to furnish or provide all material, equipment, labor, tools, apparatus, and other means necessary so to do in accordance with the terms and provisions of said Contract, to wit:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 31 EA Procure, and Provide Part No. SBMTL CS7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY with POLE including anchor
bolts, all applicable taxes and all
deliveries.
($___________________) per Each
_______________
TOTAL BASE BID ITEMS $ _________________________________ TOTAL BASE BID IN WORDS:

COMPANY NAME: _____________________________________________________ AUTHORIZED REPRESENTATIVE:_________________________________________ (printed name and title)
SIGNATURE OF AUTHORIZED PARTY: _____________________________________

ESB LIGHT LLC
Priscilla Naccarato, Business Development Manager
1,479.00
$ 45,849,00
45,849.00
forty-five thousand eight hundred forty-nine

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
4 APPENDIX A (Project Plans)

TOP VIEW

DURABLE CORROSION RESISTANT CAST ALUMINUM HOOD
AND HOUSING. LUMINAIRE PROVIDED WITH HALF FROSTED
ACRYLIC LENS. CAST ALUMINUM TOP HINGES FOR EASY
RELAMPING. LUMINAIRE PROVIDED WITH SPUN AND CAST
ALUMINUM DECORATIVE FINIAL.
48 EMITTERS (LED’S) DRIVEN AT 875mA FOR 131 TOTAL
INPUT WATTS. NEUTRAL WHITE (CCT 4000K)FOR THE ENTIRE
MODULE. EMITTERS ARE ARRAYED ON A METAL CORE PCB

PANEL LOCATED ON A COPPER THERMAL TRANSFER PAD,
EACH EMITTER IS ENCLOSED BY AN INJECTION MOLDED H12
ACRYLIC LED REFRACTOR. ALL REFRACTORS ARE RETAINED
BY AN ALUMINUM FRAME. ALL PANELS IN A LUMINAIRE HAVE
THE SAME OPTICAL PATTERN. LED REFRACTORS PRODUCE
STANDARD SITE/AREA DISTRIBUTION TYPES III. PANELS
ARE FIELD REPLACEABLE AND FIELD ROTATABLE IN 90°
INCREMENTS.

CONSTANT CURRENT ELECTRONIC WITH A POWER FACTOR
OF >.90 AND A MINIMUM OPERATING TEMPERATURE OF
-40°F. DRIVER(S) IS/ARE UL AND CUL RECOGNIZED AND

MOUNTED DIRECTLY AGAINST THE ELECTRICAL HOUSING

TO FACILITATE THERMAL TRANSFER, HELD DOWN BY
UNIVERSAL CLAMPS TO FACILITATE EASY REMOVAL. IN-LINE

TERMINAL BLOCKS FACILITATE WIRING BETWEEN THE
DRIVER AND OPTICAL ARRAYS. DRIVERS ACCEPT AN INPUT
OF 120-277V, 50/60HZ. 20KA SURGE PROTECTOR WITH END
OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE.

CAST AND EXTRUDED ALUMINUM CONSTRUCTION.
(CAST ALUM. =0.25WT., EXTRUDED ALUM.=0.125 W.T.)
5” SQUARE EXTRUDED FROM 6063 ALUMINUM ALLOY TUBING
(.188 WALL) HEAT TREATED TO PRODUCE A T6 TEMPER.

SHAFT INCLUDE A HAND HOLE FURNISHED WITH COVER.

CAST ALUMINUM CONSTRUCTION FROM 356 ALUMINUM

ALLOY, ANCHOR BASE IS CIRCUMFERENTIALLY WELDED TO
SHAFT.

TWO PIECE, HEAVY WALL CONSTRUCTION ENTIRELY
CONCEALS ANCHOR BASE.
(4) 3/4"X24" FULLY GALVANIZED ANCHOR BOLTS. EACH
BOLT SUPPLIED WITH TWO NUTS AND TWO WASHERS.

POLYESTER POWDER COAT
(COLOR: BLACK TEXTURED, RAL-9005-T.)

POLE ASSEMBLY DESIGNED TO ACCEPT OPEN TYPE
ORNAMENT MAX 30”X 30”. ORNAMENT IS 10 # MAX WGT. AS
MANUFACTURED BY HARRINGTON DECORATING CO.

HUNTINGTON BEACH. CA.

LUMINAIRE:

P-LED:

SYSTEM
DRIVERS:

ARM:

SHAFT:

BASE PLATE:

BASE COVER:

ANCHORAGE:

FINISH:

NOTE:

SPECIFICATIONS:

SBMTL-7767 REV. 1 +
- .02"

DESCRIPTION
DR'N
PART NO.

DATE

CHK'D MAT'L

SCALE SHEET
REV.
660 WEST AVENUE O, PALMDALE, CA.93551 Ph. (661) 233-2001 Fax (661) 233-2001

TOLERANCE UNLESS
NOTED:

HOLES: +
- .01"
06/04/24
1 CUSTOMER APPROVAL:

A signed approval will be required with the released order X DATE:

PROPRIETARY SUBMITTAL, DO NOT MODIFY.

SYM. REVISION BY DATE

1. SCALE: 1/2" = 1'-0"
23¾"
5" 7"
33"
5"X2" (2 PROVIDED)
ALUM. TUBING
(.125 WALL)
48"
12¾" 18" 6"
14¾"
15'-0"
4"
11'-8"
HAND
HOLE
WITH
COVER
18"
28"
11¾" DIA.

BOLT CIRCLE
1/8" WELD
2" SQ. ALUMINUM
TUBING
(.125 WALL)
1/8" WELD
G.F.I. LOCATED
90° TO THE

LEFT OF

HAND HOLE
G.F.I.

LOCATED
90° TO THE

LEFT OF

HAND HOLE
13/8" I.D.

FIXED FLAG

HOLDER SECURED

WITH THRU BOLT
SUPPLIED WITH 13/16"DIA.

X 1 1/2" DEEP

REMOVABLE

CHRISTMAS

ORNAMENT HOLDER,
AND 3/4" FEMALE

THREADED
COUPLING.

WELDED INSIDE POLE
3/8 DIA.

SPEAKER
HOLE

SPEAKER

WIREWAY
45°

COMMERCIAL GENERAL LIABILITY COVERAGE PART

DECLARATIONS
POLICY NUMBER:

Stock
Company
 NAMED INSURED:
 LIMITS OF INSURANCE - INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF INSURANCE IS SHOWN.
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PREMIUM BASIS RATES ADVANCE PREMIUM
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This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Common Policy Conditions, Coverage Part Coverage Form(s) and any other applicable forms and endorsements. 6

3DJH RI 
PAV0459362

ESB LIGHT LLC
2,000,000
2,000,000
1,000,000
1,000,000
100,000
5,000
1 1 1902 Holden Ridge Ln Clermont FL 34715
1 Bldg 1 12391 s) 1,000,000 0.354 0.526 354.00 526.00

Electrical Equipment Distributors
880.00
As per S1007 [12-00]
+

From: Scott Stewart
To: Brandon Slater
Subject: RE: City of San Dimas- Purchase of Decorative Lighting Equipment - Notice of Informal Bid Date: Wednesday, August 14, 2024 11:48:04 AM
Attachments: image001.png
image002.png
QUOTE PURCHASE OF SUN VALLEY LIGHTING.pdf
Specifications - Purchase of Decorative Lighting Equipment - 7-30-2024 (002).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report phish using Phish Alert Button.

Brandon,
Attached is your quote and completed Specifications form for the Decorative Lighting Equipment request.

Please let me know how my numbers look, and if anything else is needed from me.

Thank you,
Scott Stewart | Lighting Account Manager
909-393-4700 Office Ext. 447
760-449-1732 Cell
CHINO BRANCH | 15497 Dupont Ave, Chino, CA 91710
SAN DIEGO BRANCH | 5474 Complex Unit 501, San Diego, CA 92123 www.mainelectricsupply.com
Other Locations
Company Email Disclaimer

From: Brandon Slater <[email protected]>
Sent: Tuesday, August 13, 2024 3:47 PM
To: Public Works Counter <[email protected]>
Subject: RE: City of San Dimas- Purchase of Decorative Lighting Equipment - Notice of Informal Bid All,

As a reminder, all bids must be received for the Purchase of Decorative Lighting Equipment by Wednesday, August 14, 2024 at 2:30 P.M.

Please note the following as summarized from the Instruction to Bidders:

All bids are required to be submitted on the City Form (page 03 of the Specifications).

All Bids shall be emailed to [email protected], on or before Wednesday, August 14, 2024 at 2:30 P.M.

All Bid prices submitted shall include all applicable taxes.

All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out, and corrections typed or written with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid.

Thank you,
Brandon Slater
Associate Engineer
Public Works Department
City of San Dimas
(909) 394-6278
[email protected]

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
1 City of San Dimas
Project Specifications for Purchase
of Decorative City Lighting Equipment
Request for Quotes:

RFQ Release Date: Tuesday, July 30, 2024
Quotes Due Date: Wednesday, August 14, 2024
Quotes must be received on or before Wednesday, August 14, 2024 at 2:30 pm for work described in the Notice Inviting Bids entitled:

Notice Inviting Informal Bids for Purchase
of Decorative City Lighting Equipment
Scope of Work:

The City of San Dimas is soliciting quotes to provide street light poles and fixtures for Thirty-one (31) CS-7767-REV1 (15’ pole) streetlights manufactured by Sun Valley Lighting. The work includes, but is not limited to the following:
x Provide Thirty-one (31) Part No. SBMTL CS-7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY w/POLE from SUN VALLEY LIGHTING including anchor bolts from manufacturer.
x Include all cost to deliver to:

City of San Dimas Maintenance Yard.
301 S. Walnut Avenue,
San Dimas, Ca 91773
x Anchor Bolts shall be delivered via a separate delivery prior to the street light delivery.
x All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
x Pursuant to Public Contract Code 3400(c)(2) the City finds that all poles must be Sun Valley Lighting Model CS-7767-REV1 in order to match other poles in use in the City.

Note:
x Delivery of poles and anchor bolts shall be coordinated with the City of San Dimas Public Works Department. The City anticipates scheduling delivery of street lights and poles in January of 2025. The City anticipates scheduling delivery of anchor bolts and templates November of 2024. x Due to site restrictions, all vehicles deliveries shall be made with equipment of a WB-50 or less (max of 50-foot vehicle wheelbase).
x Street lights shall be ordered within (10) business days after issuance of the Purchase Order by the City.
x The item(s) provided shall be new, complete with all necessary equipment and accessories for correct operation, and ready to use at the time of delivery. x Manufacturers standard warranty shall be included.
x All questions shall be received by email to [email protected] no later than August 09, 2024 at 4:00 pm.

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
2 INSTRUCTIONS TO BIDDERS FOR QUOTES REQUIREMENTS
a. Bids shall be made upon the forms attached herein; all bid items shall be properly filled out; numbers shall be stated both in words and in figures, and the signatures of all persons signing shall be in longhand. If there is a conflict in the bid item unit prices and bid item totals, the bid item unit prices shall govern.

Should it be necessary to remove any of the bid document pages for typing the proposal, etc., they shall be reassembled and submitted. No oral, telephone, facsimile, or other electronic quotes will be accepted. b. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out, and corrections typed or written with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid.
c. Any proposal which, in the opinion of the City Council, is so unbalanced between the various Contract items so as to be detrimental to the best interest of the City will be rejected.
d. All Bid prices submitted shall include all applicable taxes. No mention shall be made of sales tax or use tax, as all bid prices submitted will be considered as including such tax.
e. All Bids shall be emailed to [email protected], on or before the day and hour set for the opening of bids, in the "Notice Inviting Bids," which bids shall bear the title of the Work and the name of the bidder.
f. Bid protests shall comply with City Municipal Code Section 3.30.080. g. The associate engineer will open, examine, and declare the bids at the time set forth in the "Notice Inviting Bids." Bidder and/or their authorized representatives will be provided a tabulation of all bids received.
h. The Contract for the Work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City Council, however, reserves the right to reject any and all bids, and to waive any informality in the bids received. The City Council also reserves the right to withhold award for a period not to exceed ninety (90) days from the date the bids are received by the City Clerk of the City as specified in the "Notice Inviting Bids." Payment and Compensation
Payment to be received in full after satisfactory delivery of specified lighting equipment received by the City.

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
3 Purchase of Decorative
City Lighting Equipment
BIDDER’S PROPOSAL

TO THE SAN DIMAS CITY COUNCIL
The undersigned, as bidder, declares that this proposal is made without collusion with any other person, firm, or corporation; and that the only person or parties interested as principles are those named herein; that he has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules, or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevents any subcontractor or materialman from bidding to any Contractor who does not use the facilities of, or accept bids from or through such bid depository; and having carefully examined the site of the proposed work and plans and specifications, therefore, as well as the “Notice Inviting Bids,” all motions by the City Council pertaining thereto, and the proposed Contract, and The Contractor from considering any bid from any subcontractor or materialman which having informed himself fully in regard to the contemplated work, proposes and agrees in the event of the acceptance hereof, to enter into a Contract with the City Council of the City of San Dimas, to perform said proposed work in accordance with the terms of said Contract, and to furnish or provide all material, equipment, labor, tools, apparatus, and other means necessary so to do in accordance with the terms and provisions of said Contract, to wit:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 31 EA Procure, and Provide Part No. SBMTL CS7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY with POLE including anchor
bolts, all applicable taxes and all
deliveries.
($___________________) per Each
_______________
TOTAL BASE BID ITEMS $ _________________________________ TOTAL BASE BID IN WORDS:

COMPANY NAME: _____________________________________________________ AUTHORIZED REPRESENTATIVE:_________________________________________ (printed name and title)
SIGNATURE OF AUTHORIZED PARTY: _____________________________________ 


_______________


21(+81'5(')2857<6(9(17+286$1'(,*+7+81'5('6,;7<
6,;'2//$56$1'6(9(17<&(176
81,7('(/(&75,&6833/<
6&27767(:$57/,*+7,1*$&&28170$1$*(5

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
4 APPENDIX A (Project Plans)

TOP VIEW

DURABLE CORROSION RESISTANT CAST ALUMINUM HOOD
AND HOUSING. LUMINAIRE PROVIDED WITH HALF FROSTED
ACRYLIC LENS. CAST ALUMINUM TOP HINGES FOR EASY
RELAMPING. LUMINAIRE PROVIDED WITH SPUN AND CAST
ALUMINUM DECORATIVE FINIAL.
48 EMITTERS (LED’S) DRIVEN AT 875mA FOR 131 TOTAL
INPUT WATTS. NEUTRAL WHITE (CCT 4000K)FOR THE ENTIRE
MODULE. EMITTERS ARE ARRAYED ON A METAL CORE PCB

PANEL LOCATED ON A COPPER THERMAL TRANSFER PAD,
EACH EMITTER IS ENCLOSED BY AN INJECTION MOLDED H12
ACRYLIC LED REFRACTOR. ALL REFRACTORS ARE RETAINED
BY AN ALUMINUM FRAME. ALL PANELS IN A LUMINAIRE HAVE
THE SAME OPTICAL PATTERN. LED REFRACTORS PRODUCE
STANDARD SITE/AREA DISTRIBUTION TYPES III. PANELS
ARE FIELD REPLACEABLE AND FIELD ROTATABLE IN 90°
INCREMENTS.

CONSTANT CURRENT ELECTRONIC WITH A POWER FACTOR
OF >.90 AND A MINIMUM OPERATING TEMPERATURE OF
-40°F. DRIVER(S) IS/ARE UL AND CUL RECOGNIZED AND

MOUNTED DIRECTLY AGAINST THE ELECTRICAL HOUSING

TO FACILITATE THERMAL TRANSFER, HELD DOWN BY
UNIVERSAL CLAMPS TO FACILITATE EASY REMOVAL. IN-LINE

TERMINAL BLOCKS FACILITATE WIRING BETWEEN THE
DRIVER AND OPTICAL ARRAYS. DRIVERS ACCEPT AN INPUT
OF 120-277V, 50/60HZ. 20KA SURGE PROTECTOR WITH END
OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE.

CAST AND EXTRUDED ALUMINUM CONSTRUCTION.
(CAST ALUM. =0.25WT., EXTRUDED ALUM.=0.125 W.T.)
5” SQUARE EXTRUDED FROM 6063 ALUMINUM ALLOY TUBING
(.188 WALL) HEAT TREATED TO PRODUCE A T6 TEMPER.

SHAFT INCLUDE A HAND HOLE FURNISHED WITH COVER.

CAST ALUMINUM CONSTRUCTION FROM 356 ALUMINUM

ALLOY, ANCHOR BASE IS CIRCUMFERENTIALLY WELDED TO
SHAFT.

TWO PIECE, HEAVY WALL CONSTRUCTION ENTIRELY
CONCEALS ANCHOR BASE.
(4) 3/4"X24" FULLY GALVANIZED ANCHOR BOLTS. EACH
BOLT SUPPLIED WITH TWO NUTS AND TWO WASHERS.

POLYESTER POWDER COAT
(COLOR: BLACK TEXTURED, RAL-9005-T.)

POLE ASSEMBLY DESIGNED TO ACCEPT OPEN TYPE
ORNAMENT MAX 30”X 30”. ORNAMENT IS 10 # MAX WGT. AS
MANUFACTURED BY HARRINGTON DECORATING CO.

HUNTINGTON BEACH. CA.

LUMINAIRE:

P-LED:

SYSTEM
DRIVERS:

ARM:

SHAFT:

BASE PLATE:

BASE COVER:

ANCHORAGE:

FINISH:

NOTE:

SPECIFICATIONS:

SBMTL-7767 REV. 1 +
- .02"

DESCRIPTION
DR'N
PART NO.

DATE

CHK'D MAT'L

SCALE SHEET
REV.
660 WEST AVENUE O, PALMDALE, CA.93551 Ph. (661) 233-2001 Fax (661) 233-2001

TOLERANCE UNLESS
NOTED:

HOLES: +
- .01"
06/04/24
1 CUSTOMER APPROVAL:

A signed approval will be required with the released order X DATE:

PROPRIETARY SUBMITTAL, DO NOT MODIFY.

SYM. REVISION BY DATE

1. SCALE: 1/2" = 1'-0"
23¾"
5" 7"
33"
5"X2" (2 PROVIDED)
ALUM. TUBING
(.125 WALL)
48"
12¾" 18" 6"
14¾"
15'-0"
4"
11'-8"
HAND
HOLE
WITH
COVER
18"
28"
11¾" DIA.

BOLT CIRCLE
1/8" WELD
2" SQ. ALUMINUM
TUBING
(.125 WALL)
1/8" WELD
G.F.I. LOCATED
90° TO THE

LEFT OF

HAND HOLE
G.F.I.

LOCATED
90° TO THE

LEFT OF

HAND HOLE
13/8" I.D.

FIXED FLAG

HOLDER SECURED

WITH THRU BOLT
SUPPLIED WITH 13/16"DIA.

X 1 1/2" DEEP

REMOVABLE

CHRISTMAS

ORNAMENT HOLDER,
AND 3/4" FEMALE

THREADED
COUPLING.

WELDED INSIDE POLE
3/8 DIA.

SPEAKER
HOLE

SPEAKER

WIREWAY
45°

4827$7,21
PROJECT 385&+$6(2)6819$//(</,*+7,1* '$7(

COMPANY &,7<2)6$1',0$638%/,&:25.6'(37 PHONE
NAME %5$1'216/$7(5

QTY TYPE MAKE DESCRIPTION UNIT PRICE EXT
68%-(&772$33529$/
 86$ &65(93(5'5$:,1*,1&/8',1*32/($1'+($' ( ,1&/8'(' ,1&/8'(' 86$
&26'/&$/('&$)5
/(16)5267('
3/(',,,/('
0$.819375$/ ( ,1&/8'(' ,1&/8'('
86$
617$

*),5&2+:&3/1:7+58%2/7

63.5+2/(1'::++#72302'$6$$50:'
67587375$/
7 ( ,1&/8'(' ,1&/8'('
$6$5(68/72)0$18)$&785(5$11281&('
35,&(,1&5($6(6$1'86756(&7,21
7$5,))635,&,1*,668%-(&772&+$1*(
&2175$&72572&21),50&281767<3(6

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From: Tommy Barnard
To: Brandon Slater
Subject: Notice Inviting Informal Bids for Purchase of Decorative City Lighting Equipment Date: Tuesday, August 13, 2024 4:38:11 PM
Attachments: image001.png
image002.png
City of San Dimas-Sun Valley Lighting Bid.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report phish using Phish Alert Button.

Brandon,
Attached is your revised bid reflecting the quantity change from (30) to (31).

Thanks for the opportunity!
Tommy Barnard
Branch Manager | Walters Wholesale Electric
357 East Arrow Highway, San Dimas, CA 91773
P. 909-450-0840
NOTICE TO RECIPIENTS: The information contained in and accompanying this communication may be confidential, subject to legal privilege, or otherwise protected from disclosure, and is intended solely for the use of the intended recipient (s). If you are not the intended recipient of this communication, please delete and destroy all copies in your possession, notify the sender that you have received this communication in error, and note that any review or dissemination of, or the taking of any action in reliance on, this communication is expressly prohibited. *Walters will not be responsible for any failure to perform, or delay in performance of, its obligations resulting from Force Majeure events, including but not limited to the COVID-19 pandemic, and buyers shall not be entitled to any damages resulting thereof, as more fully described in Walters’ website terms and conditions and which are incorporated by reference herein.

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
3 Purchase of Decorative
City Lighting Equipment
BIDDER’S PROPOSAL

TO THE SAN DIMAS CITY COUNCIL
The undersigned, as bidder, declares that this proposal is made without collusion with any other person, firm, or corporation; and that the only person or parties interested as principles are those named herein; that he has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules, or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevents any subcontractor or materialman from bidding to any Contractor who does not use the facilities of, or accept bids from or through such bid depository; and having carefully examined the site of the proposed work and plans and specifications, therefore, as well as the “Notice Inviting Bids,” all motions by the City Council pertaining thereto, and the proposed Contract, and The Contractor from considering any bid from any subcontractor or materialman which having informed himself fully in regard to the contemplated work, proposes and agrees in the event of the acceptance hereof, to enter into a Contract with the City Council of the City of San Dimas, to perform said proposed work in accordance with the terms of said Contract, and to furnish or provide all material, equipment, labor, tools, apparatus, and other means necessary so to do in accordance with the terms and provisions of said Contract, to wit:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 31 EA Procure, and Provide Part No. SBMTL CS7767-REV1-COSD1/LCA1-PLED-III48LED-875MA-40K-UNV-RAL9005T ASSEMBLY with POLE including anchor
bolts, all applicable taxes and all
deliveries.
($___________________) per Each
_______________
TOTAL BASE BID ITEMS $ _________________________________ TOTAL BASE BID IN WORDS:

COMPANY NAME: _____________________________________________________ AUTHORIZED REPRESENTATIVE:_________________________________________ (printed name and title)
SIGNATURE OF AUTHORIZED PARTY: _____________________________________ $5,229.00
$162,099.00
$162,099.00
one hundred sixty-two thousand ninety-nine dollars and zero cents Walters Wholesale Electric-San DImas
Tommy Barnard- Branch Manager

Department of Public Works City of San Dimas, California Purchase of Decorative Lighting Equipment
4 APPENDIX A (Project Plans)

TOP VIEW

DURABLE CORROSION RESISTANT CAST ALUMINUM HOOD
AND HOUSING. LUMINAIRE PROVIDED WITH HALF FROSTED
ACRYLIC LENS. CAST ALUMINUM TOP HINGES FOR EASY
RELAMPING. LUMINAIRE PROVIDED WITH SPUN AND CAST
ALUMINUM DECORATIVE FINIAL.
48 EMITTERS (LED’S) DRIVEN AT 875mA FOR 131 TOTAL
INPUT WATTS. NEUTRAL WHITE (CCT 4000K)FOR THE ENTIRE
MODULE. EMITTERS ARE ARRAYED ON A METAL CORE PCB

PANEL LOCATED ON A COPPER THERMAL TRANSFER PAD,
EACH EMITTER IS ENCLOSED BY AN INJECTION MOLDED H12
ACRYLIC LED REFRACTOR. ALL REFRACTORS ARE RETAINED
BY AN ALUMINUM FRAME. ALL PANELS IN A LUMINAIRE HAVE
THE SAME OPTICAL PATTERN. LED REFRACTORS PRODUCE
STANDARD SITE/AREA DISTRIBUTION TYPES III. PANELS
ARE FIELD REPLACEABLE AND FIELD ROTATABLE IN 90°
INCREMENTS.

CONSTANT CURRENT ELECTRONIC WITH A POWER FACTOR
OF >.90 AND A MINIMUM OPERATING TEMPERATURE OF
-40°F. DRIVER(S) IS/ARE UL AND CUL RECOGNIZED AND

MOUNTED DIRECTLY AGAINST THE ELECTRICAL HOUSING

TO FACILITATE THERMAL TRANSFER, HELD DOWN BY
UNIVERSAL CLAMPS TO FACILITATE EASY REMOVAL. IN-LINE

TERMINAL BLOCKS FACILITATE WIRING BETWEEN THE
DRIVER AND OPTICAL ARRAYS. DRIVERS ACCEPT AN INPUT
OF 120-277V, 50/60HZ. 20KA SURGE PROTECTOR WITH END
OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE.

CAST AND EXTRUDED ALUMINUM CONSTRUCTION.
(CAST ALUM. =0.25WT., EXTRUDED ALUM.=0.125 W.T.)
5” SQUARE EXTRUDED FROM 6063 ALUMINUM ALLOY TUBING
(.188 WALL) HEAT TREATED TO PRODUCE A T6 TEMPER.

SHAFT INCLUDE A HAND HOLE FURNISHED WITH COVER.

CAST ALUMINUM CONSTRUCTION FROM 356 ALUMINUM

ALLOY, ANCHOR BASE IS CIRCUMFERENTIALLY WELDED TO
SHAFT.

TWO PIECE, HEAVY WALL CONSTRUCTION ENTIRELY
CONCEALS ANCHOR BASE.
(4) 3/4"X24" FULLY GALVANIZED ANCHOR BOLTS. EACH
BOLT SUPPLIED WITH TWO NUTS AND TWO WASHERS.

POLYESTER POWDER COAT
(COLOR: BLACK TEXTURED, RAL-9005-T.)

POLE ASSEMBLY DESIGNED TO ACCEPT OPEN TYPE
ORNAMENT MAX 30”X 30”. ORNAMENT IS 10 # MAX WGT. AS
MANUFACTURED BY HARRINGTON DECORATING CO.

HUNTINGTON BEACH. CA.

LUMINAIRE:

P-LED:

SYSTEM
DRIVERS:

ARM:

SHAFT:

BASE PLATE:

BASE COVER:

ANCHORAGE:

FINISH:

NOTE:

SPECIFICATIONS:

SBMTL-7767 REV. 1 +
- .02"

DESCRIPTION
DR'N
PART NO.

DATE

CHK'D MAT'L

SCALE SHEET
REV.
660 WEST AVENUE O, PALMDALE, CA.93551 Ph. (661) 233-2001 Fax (661) 233-2001

TOLERANCE UNLESS
NOTED:

HOLES: +
- .01"
06/04/24
1 CUSTOMER APPROVAL:

A signed approval will be required with the released order X DATE:

PROPRIETARY SUBMITTAL, DO NOT MODIFY.

SYM. REVISION BY DATE

1. SCALE: 1/2" = 1'-0"
23¾"
5" 7"
33"
5"X2" (2 PROVIDED)
ALUM. TUBING
(.125 WALL)
48"
12¾" 18" 6"
14¾"
15'-0"
4"
11'-8"
HAND
HOLE
WITH
COVER
18"
28"
11¾" DIA.

BOLT CIRCLE
1/8" WELD
2" SQ. ALUMINUM
TUBING
(.125 WALL)
1/8" WELD
G.F.I. LOCATED
90° TO THE

LEFT OF

HAND HOLE
G.F.I.

LOCATED
90° TO THE

LEFT OF

HAND HOLE
13/8" I.D.

FIXED FLAG

HOLDER SECURED

WITH THRU BOLT
SUPPLIED WITH 13/16"DIA.

X 1 1/2" DEEP

REMOVABLE

CHRISTMAS

ORNAMENT HOLDER,
AND 3/4" FEMALE

THREADED
COUPLING.

WELDED INSIDE POLE
3/8 DIA.

SPEAKER
HOLE

SPEAKER

WIREWAY
45°

Subtotal
Shipping Chgs
Amount Due
162099.00

0.00 162099.00
Printed By: BARTOM on 8/13/2024 7:30:47 PM EST
Prices listed on this quotation are subject to change without notice beyond expiration date, include only the equipment listed and do not include any sales tax unless noted otherwise. Expiration date does not apply to commodity pricing which may be subject to change after 24 hours. Special order items cannot be cancelled unless the manufacturer permits cancellation. All Walters Terms & Conditions of Sale Apply. Go to: https://tinyurl.com/walters-customer-tc

WALTERS - SAN DIMAS
357 EAST ARROW HIGHWAY
SAN DIMAS, CA 91773-3371
909-450-0840
Fax 909-450-0845
QUOTE DATE PAGE NO.

Quotation

QUOTE NUMBER
06/13/2024 S125752175 1 of 1

CUSTOMER NUMBER CUSTOMER PHONE ORDERED BY SALESPERSON

WRITER SHIP VIA TERMS EXPIRATION DATE FREIGHT EXEMPT

HOUSE ACCOUNT
BEST WAY 07/13/2024 TOMMY BARNARD MFG DISC 10TH, NET
25TH
172478

PURCHASE/SUN VALLEY LTG
EQUIPM

ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE
QUOTE TO:

CITY OF SAN DIMAS
245 E BONITA AVE
SAN DIMAS, CA 91773-3002
SHIP TO:

CITY OF SAN DIMAS
245 E BONITA AVE
SAN DIMAS, CA 91773-3002
No
CUST PO#:

JOB/REL#:
909-394-6225 B. SLATER
909-450-0840
31ea QUOTE ITEM: PER EA/1 5229.000/ea 162099.00

SUN VALLEY LIGHTING EQUIPMENT
ADDENDUM #1
CS7767-REV1 PER DRAWING-INCLUDING

POLE & HEAD
#CS-7767-REV1-COSD1/LCA1-PLED-111-4
8LED-875MA-40K-UNV-RAL9005T

ASSEMBLY W/ POLE

From: Wallace, Jeff
To: Brandon Slater
Subject: Rexel USA bid submission - City of San Dimas Purchase of Sun Valley Electroliers - 8-14-24 Date: Wednesday, August 14, 2024 10:38:45 AM
Attachments: Rexel USA bid submission - City of San Dimas Purchase of Sun Valley Electroliers - 8-14-24.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report phish using Phish Alert Button.

Good morning, Brandon….

Attached, please find our submission for the Sun Valley Electroliers sought for purchase.

Any questions on the offering, let me know.

Regards,
Jeff

Agenda Item Memorandum
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Director of Community Development Subject: Adopt Ordinance 1310, Approving Municipal Code Text Amendment 24-06 to Amend Chapter 8.40 Camping and Storage on Private and Public Property to be Aligned with Recent Court Decisions and Consistent with the Governor’s Executive Order N-1-24, Along with Associated Clean Up Items, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3). ____________________________________________________________________________ At the regular City Council meeting of August 27, 2024, the City Council voted 4-0-1 (Vienna absent) to introduce Ordinance 1310 approving MCTA 24-06.

Staff and the Planning Commission recommend the City Council:
 Conduct the second reading; and
 Adopt Ordinance 1310, approving Municipal Code Text Amendment 24-06.

Attachment:

1. Ordinance 1310

ATTACHMENT 1
ORDINANCE 1310

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING CHAPTER 8.40

CAMPING AND STORAGE ON PRIVATE AND PUBLIC PROPERTY TO BE

ALIGNED WITH RECENT COURT DECISIONS AND CONSISTENT WITH THE GOVERNOR’S EXECUTIVE ORDER N-1-24, ALONG WITH ASSOCIATED CLEAN UP ITEMS.

RECITALS
WHEREAS, pursuant to the police power granted in Article XI, Section 7 of the California Constitution, the City may enact and enforce ordinances that protect the health, safety, and welfare of the community; and
WHEREAS, there is a need to protect the public health, safety and welfare against adverse impacts caused by unlawful camping and storage of personal property on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities; and WHEREAS, the City recognizes the need to have standards applicable to all using public and private space and for such standards to apply in a manner which balances access with the desire for a clean, orderly, welcoming, and comfortable community where the public peace, health, and safety tend to be preserved; and
WHEREAS, the City considers the needs and abilities of residents in programs, services, and regulations to ensure fair and balanced application and such application does not interfere with the rights of others to use public and private facilities for the purposes for which they were intended, and creates a hazard to the public health and safety through the creation of unsanitary and unsafe conditions; and
WHEREAS, on January 23, 2024, the City Council adopted Ordinance 1302 to create standards to regulate camping and storage of personal of personal property on private and public property, which considered the needs for those without means or alternatives and accounts for the programs and services the City and its partners offer to facilitate an overall healthy and safe environment for all; and
WHEREAS, on June 28, 2024, the Supreme Court ruled that enforcement of laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eight Amendment of the Constitution and cities can prohibit people from sleeping in all public spaces regardless of if shelter is available or not; and WHEREAS, on July 25, 2024, Governor Newsome signed Executive Order N-1-24, which provides guidance for cities when addressing homeless encampments; and WHEREAS, the City seeks to adopt changes to Chapter 8.40 of the San Dimas Municipal Code to be aligned with recent court decisions and consistent with the Governor’s Executive Order N-1-24.

Ordinance 1310 Page 2
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

Title 8 of the San Dimas Code Shall be amended as provided for in Exhibit A.

SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance XXXX was introduced at a regular meeting of the City Council of the City of San Dimas on the

Ordinance 1310 Page 3
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property 27th day of August, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the XX day of September, 2024. ___________________________
Debra Black, City Clerk

Ordinance 1310 Page 4
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property Exhibit A
CHAPTER 8.40

CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC

PROPERTY
§ 8.40.010. Purpose.

The purpose of this chapter is to protect the public health, safety and welfare against adverse impacts caused by unlawful camping, unlawful storage of personal property, unlawful fires, littering, and loitering on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and city facilities. This chapter is meant to create standards to ensure that private property, public streets and public areas within the city are used for their intended purposes and are readily accessible and available to city residents and the general public.
(Ord. 1302, 1/23/2024)
§ 8.40.020. Definitions.

The following definitions shall apply in this chapter:
"Camp" or "camping" means residing in or using any property for living accommodation purposes, such as sleeping or making preparations to sleep (including laying down bedding for the purpose of sleeping), setting up or occupying camp facilities, storing personal property, making any fire, regularly cooking meals, or setting up or using any camp paraphernalia.

These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the property as a living accommodation with the intent to camp.
"Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that are of sufficient size for a person to fit underneath or inside while sitting or lying down, including the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
"Camp paraphernalia" means, but is not limited to, tarps, cots, beds, sleeping bags, other bedding, hammocks, or non-city-designated cooking facilities or heating equipment and similar equipment.
"County" means Los Angeles County.
"Enforcement officer" means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this code. "Personal property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarps, bedding, blankets, sleeping bags, and personal items such as household items, luggage, backpacks, clothing, food, documents, and medication. "Public property" means any city-owned property, county-owned property, all public right-ofway, property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, and any other publicly owned, operated, or maintained property in the city, with the exception of state highways.

Ordinance 1310 Page 5
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property “Public Right-of-Way” means all City-owned or controlled rights-of-way, whether in fee title or as holder of an easement for ingress, egress, public access, maintenance, infrastructure, or utilities purposes. Public rights-of-way include but are not limited to any public road, street, sidewalk, and planter strip/parking strip or landscaped area, located adjacent to a street, that is within a public easement.
"Sidewalk" means that portion of a street between the curb line and the adjacent property line, whether hard-surfaced or not, or an easement or right-of-way held by the city across the front of private property, and intended for use of pedestrians. "Street" means and includes all streets, highways, avenues, boulevards, alleys, courts, places,
squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state. "Store" means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. "Store" does not include keeping one's personal property next to one's person while lawfully camping, or while lawfully sitting or standing in a public place.
( Ord. 1302, 1/23/2024 )
§ 8.40.030. Locations where camping is prohibited.

A. It is unlawful to camp on any public property in the city, with the following exceptions:

1. City-designated campsites; or

2. With respect to county-owned property, any property on which the county allows camping; or

3. With respect to property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, any property on which the property owner allows camping.

B. It is unlawful to camp on any private property with the following exceptions:

1. Camping within campgrounds licensed for camping activities;

2. Temporary backyard camping on residential properties with the property owner's permission and where such use does not violate any provision of this code or state law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way;

3. Camping at the Girl Scouts of Greater Los Angeles Center, located at 146 W. Arrow Highway, with the property owner's permission.
(Ord. 1302, 1/23/2024)
§ 8.40.050. Prohibition citywide against living in motor vehicles.

A. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 anywhere in the city.

Ordinance 1310 Page 6
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property B. This section does not apply to vehicles that are lawfully parked in an authorized trailer court, a City-designated campsite within the city, nor on private property when owner's permission is provided and when done so in accordance with law and regulation. (Ord. 1302, 1/23/2024)
§ 8.40.060. Prohibition against obstructing public property or doorways.

A. No person in the city shall obstruct the public right-of-way, including, but not limited to, streets and sidewalks, or pedestrian and/or vehicle access by sitting, lying, sleeping, storing, using, maintaining, or placing personal property:

1. In a manner that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

2. Within fifteen feet of any operational or utilizable driveway, or loading dock;

3. Within fifteen feet of any operational or utilizable building entrance or exit; or

4. Within fifteen feet of any fire hydrant, fire plug, or other fire department connection.

B. Any person creating an obstruction in violation of this section shall move their person or property immediately in a way that removes the obstruction upon the request of an enforcement officer.

C. Any unattended item of personal property that is creating an obstruction in violation of this section may be immediately moved by an enforcement officer to an adjacent location where it will no longer create an obstruction.
(Ord. 1302, 1/23/2024)
§ 8.40.070. Unlawful storage of personal property.

A. It shall be unlawful for any person to store personal property on any public property. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

B. An enforcement officer may remove personal property stored in violation of subsection A as follows:

1. The location of any illegally stored personal property shall be posted with a written notice including the date and the following: "It is illegal to store personal property on public property, such as parks and sidewalks. If this personal property is not removed within 24 hours of the date of this posting, it will be removed by the City."

2. An enforcement officer may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

3. Personal property that poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other illegal discharge into water, is contraband, or is evidence of a crime shall not be subject to the above notice requirements and may be removed immediately by an enforcement officer and stored or destroyed, in accordance with the provisions below, or other applicable laws.

C. Notice. In the event that personal property is removed by an enforcement officer, the enforcement officer shall leave a notice in a prominent place at or near the location where the property was located. The notice shall contain the address and phone number of where

Ordinance 1310 Page 7
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being disposed of.

D. Following removal of unlawfully stored personal property, city personnel shall do the following:

1. Maintain a log containing information about the property that will facilitate identification by the owner. Such log may include an inventory of some or all of the property, information about where the property was located, the date the property was taken by the city, and the name of any person who has previously claimed ownership of the property or whose identification was found with the property;

2. Store the property in a manner facilitating identification by city personnel, which reasonably protects such property from damage or theft; and

3. Store the property in an area designated by the city for a period of sixty days.

E. Personal property may only be retrieved during regular city business hours.

F. Personal property stored by the city, that is claimed within sixty days from removal, shall be released to the person claiming ownership at no charge, provided the person reasonably identifies the property and the approximate location where the property was left, unless there is clear evidence that the property does not belong to such person. Any person retrieving personal property from the city under this chapter shall retrieve all of their personal property at one time. Any items belonging to the person that are left in the custody of the city will be deemed abandoned and may be thrown away or otherwise disposed of.

G. Any property that is not claimed after the sixty-day storage period may be disposed of without further notice.

H. Notwithstanding any other provision of this chapter, the city shall not be required to store items that are a health or safety hazard, decaying or rotting, or otherwise unsafe to store or transport.
(Ord. 1302, 1/23/2024)
§ 8.40.080. Removal of camp facilities and paraphernalia.

In the event camp facilities or camp paraphernalia in violation of this chapter are found by an enforcement officer, a notice shall be provided to the occupants of the camp facility of the city's intent to remove the camp facility or paraphernalia at least forty-eight hours in advance of any action. Notice shall be provided in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcement officer attempts to serve notice. In addition, the enforcement officer shall post the notice in a prominent place on or near the facilities, so as to reasonably communicate the notice to persons living at the camp who are not present during the attempt to serve notice. The notice shall contain the following information:

A. A statement that the camp facility and/or paraphernalia are in violation of this chapter.

B. An advisement that the city will remove the camp facility and/or paraphernalia forty-eight hours after the date and time of the notice, or any longer period of time determined by the city.

C. The date and time notice was served and posted.

D. The address and phone number of where any removed personal property will be stored

Ordinance 1310 Page 8
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property and the hours of when the property can be retrieved.

E. That the camp facility and/or paraphernalia will be stored for sixty days and will be discarded thereafter if not claimed.

F. Information about any housing or shelter and unhoused services available for the occupants of the camp and contact information for obtaining the housing, shelter, or other health services.
(Ord. 1302, 1/23/2024)
§ 8.40.090. Offer of housing, shelter and services.

Prior to taking any enforcement action against any person under this chapter, the enforcement officer shall offer information to such person regarding any available housing or shelter and other health and human services that the enforcement officer reasonably believes are relevant to the person's individual circumstances. However, failure to offer such information shall not be grounds to invalidate or challenge any enforcement action. (Ord. 1302, 1/23/2024)
§ 8.40.100. Exceptions.

The provisions of this chapter shall not apply in the event of an emergency, including a citydeclared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in city-authorized recreational activities in parks within the city, the Civic Center area, or any other public place or facility, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the city or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment.
(Ord. 1302, 1/23/2024)

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks & Recreation Subject: Discussion Regarding the Potential to Construct Pickleball Courts in San Dimas.
____________________________________________________________________________

SUMMARY
At its meeting of August 27, 2024, the City Council requested that staff agendize a discussion regarding pickleball courts in San Dimas.

RECOMMENDATION
Staff recommends that Council:
• Receive staff’s report addressing options to construct pickleball courts in San Dimas and provide direction to staff.

FISCAL IMPACT
The fiscal impact is dependent on City Council action. The conversion of one tennis court into four (4) pickleball courts is estimated to cost approximately $30,000. If the City Council wishes to construct new pickleball courts, the cost is expected to be significantly higher to account for the installation of a concrete slab, electrical boxes and a lighting system, fencing, seating and windscreens.

BACKGROUND
Pickleball is one of the fastest growing sports in America and can be enjoyed by participants of all ages. While local cities have provided pickleball courts in their communities, the City of San Dimas has not taken any action to provide pickleball courts in City parks or facilities. At its meeting of March 19, 2024, the Parks and Recreation Commission identified pickleball as one of its priorities for Fiscal Year 2024-25. For the FY 2024-25 Budget, staff prioritized capital improvement

Requested Discussion Regarding the Potential to Construct Pickleball Courts Page 2 For the Meeting of September 10, 2024
projects to preserve and maintain existing recreation amenities and did not request funding for the construction of new infrastructure.

There are two options to provide pickleball courts in San Dimas that include converting an existing tennis court into four pickleball courts or constructing new pickleball courts at a new (undetermined) location. The cost to convert a tennis court into four pickleball courts is approximately $30,000. Expenses include the re-painting and striping of the court; removal of tennis net and posts; the installation of pickleball nets and signage. Additional expenses could include the placement of bleachers for players and spectators.

The City of San Dimas maintains 16 tennis courts at the following locations:
• Pioneer Park (2)
• Ladera Serra Park (2)
• Lone Hill Park (2)
• Marchant Park (2)
• Splex (8)

DISCUSSION/ANALYSIS
It is generally considered best practice to locate pickleball courts as far away from residential housing as possible to minimize noise complaints from surrounding homes. Pickleball is louder than tennis, due to the use of wood racquets and a hard plastic ball. If the City Council elects to provide pickleball courts in the City whether through the conversion of a tennis court or new construction staff would need to develop rules for pickleball that address the use of courts, player etiquette and limited hours of use (if desired by the City Council).

ALTERNATIVES
This item was requested by the City Council. The City Council may determine the feasibility and cost of converting an existing tennis court into four pickleball courts vs the greater expense of constructing new courts in a location to be determined. The City Council may also opt not to construct pickleball courts at this time, given the City’s projection of budget deficits in the next two fiscal years.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Scott Wasserman
Director of Parks & Recreation

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Authorize the City Manager to Enter into a Subscription Agreement with Polco Confluence, Inc. in An Amount of $9,000 Per Year for the Bundle of Products Which Includes the Budget Simulator, Prioritize and Taxpayer Receipt, in a form approved by the City Attorney.
____________________________________________________________________________

SUMMARY
Staff is requesting approval to enter into a subscription agreement with POLCO to implement the Balancing Act suite, which includes Balancing Act, Prioritize, and Taxpayer Receipt.

These tools will significantly enhance public engagement in the City's budgeting process by providing residents with interactive and user-friendly platforms to understand, prioritize, and visualize the City's financial decisions.

RECOMMENDATION
Staff recommends the Council:
• Authorize the City Manager to enter into a subscription agreement with Polco Confluence, Inc. in an amount of $9,000 per year for the bundle of products which includes the budget simulator, Prioritize and taxpayer receipt, in a form approved by the City Attorney.

FISCAL IMPACT
The annual cost of the subscription is $9,000. The subscription will be funded through the existing budget allocated for technology and subscriptions.

BACKGROUND
POLCO's Balancing Act suite is a comprehensive set of tools designed to engage the public in government budgeting processes. The tools included in this bundle are Balancing Act, Prioritize,

Approve the City Manager to Enter into a Subscription Agreement with Polco Confluence, Inc.

For the Meeting of September 10, 2024
and Taxpayer Receipt. Each tool offers innovative ways to increase transparency, foster community involvement, and educate residents about fiscal policies.

Numerous local governments have successfully implemented the Balancing Act suite to enhance their budgeting processes. Notably, the City of Corona, California, has utilized these tools to engage residents in their budgeting decisions. The City of Corona has reported increased public participation and more informed decision-making as a result of using Balancing Act. This adoption by a nearby city underscores the effectiveness of these tools in fostering community involvement and improving the overall budgeting process.

DISCUSSION/ANALYSIS
Implementing the Balancing Act suite from POLCO will provide the City with powerful tools to engage the public in the budgeting process. The benefits of these tools include:

1. Enhanced Public Understanding: The Balancing Act simulation tool simplifies complex budget data, allowing residents to make informed decisions by adjusting budget allocations in a simulated environment. This interactive approach replaces traditional methods, such as static PDF documents, making the budgeting process more accessible and understandable.

2. Data-Driven Decision Making: The Prioritize tool goes beyond simple surveys by enabling residents to rank and order projects based on their preferences. This dual approach offers deeper insights into community priorities, assisting city officials in making decisions that reflect the true needs and desires of the public.

3. Increased Transparency and Accountability: The Taxpayer Receipt tool provides residents with a clear and detailed account of how their tax contributions are utilized. This transparency strengthens public trust and fosters a more informed and engaged community.

4. User-Friendly and Efficient: All tools within the Balancing Act suite are designed to be user-friendly, with simulations and reports that can be set up in a short amount of time.

This efficiency reduces the burden on city staff while maximizing the benefits of public engagement.

5. Active Public Engagement: The Balancing Act tool also allows residents to actively participate in the budget process by providing feedback on spending priorities. This level of engagement is essential for making informed decisions that reflect the community's needs and preferences. Residents can easily navigate the tool, understand complex budget data, and participate in meaningful ways. Such engagement ensures that budgeting decisions are more aligned with public sentiment, leading to greater satisfaction and better governance.

By adopting the POLCO Balancing Act suite, the City of San Dimas will join other local governments, such as the City of Corona, in utilizing innovative tools to promote inclusive, transparent, and data-driven governance, ultimately leading to better outcomes for the community.

ALTERNATIVES
• The City Council could choose not to enter into the agreement with POLCO, resulting in continued reliance on traditional, less interactive methods of public engagement in the budgeting process.

Approve the City Manager to Enter into a Subscription Agreement with Polco Confluence, Inc.

For the Meeting of September 10, 2024
• The City Council could request further information or modifications to the proposed agreement before making a decision.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1. Polco Agreement

Policy Confluence, Inc.

Subscription Agreement
THIS POLCO Subscription Agreement (the “Order Form”) is entered into and made effective as of September 2, 2024 (“Effective Date”) by and between Policy Confluence, Inc., a Delaware corporation (“Polco” or “Company”), and the City of San Dimas, CA (“Customer” “you” or “your”). Polco and Customer may be referred to in this Agreement individually as a “Party” or collectively as the “Parties.”
Agreement - This is a binding agreement by Customer to purchase Polco’s Subscription as set forth in the table below and further defined in this agreement. Each of the Services are governed by and incorporates the general terms and conditions set forth in this Order Form, the Enterprise Terms and Conditions (the “Enterprise Terms” found at [https://info.polco.us/enterprise-terms]) and the Website Terms of Use (the “Website Terms” found at https://info.polco.us/eula) (each a “Supplement,” and collectively with this Order Form, the “Agreement”).

Unless otherwise expressly defined herein, all defined terms in any Supplement, respectively, used in this Order Form have the meaning stated in the applicable Supplement. In the event of any conflict or inconsistency between the provisions of (a) this Order Form, (b) a Supplement (as applicable), and (c) any other documents or policies referenced in this Order Form or the Supplements, the governing order of precedence shall be: (i) this Order Form (ii) the Enterprise Terms; (iii) the Website Terms; and (iv) any other document incorporated herein by reference.

Customer Information:

Customer Name: City of San Dimas, CA
Address: 245 E Bonita Ave, San Dimas, CA 91773
Contact: Michael O’Brien
Phone: +1 (909) 394-6225
E-mail: [email protected]
Training and Support - Your subscription includes access to Polco Modules and Support as described below, which includes training materials, as well as technical support services for your Authorized Users. You understand that technical support services are for technical product support, and such services are not to be used as a substitute for proper training and education.

Privacy Policy - You acknowledge that you have read and understand Polco’s Privacy Policy (the “Privacy Policy” found at https://info.polco.us/privacy). 1 ATTACHMENT 1

Initial Term Starting: September 2, 2024 Initial Term Ending: September 1, 2025 The Initial Term of this Agreement shall be for a period of twelve (12) months from the Initial Term Starting date unless earlier terminated pursuant to this Agreement or either party gives the other party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Term. The term of this Agreement will renew only upon mutually written agreement by both Parties at the end of the Initial Term for a duration of twelve (12)months.

Fees - The Fees for your Initial Term are outlined below. All Fees are for annual terms (from the commencement of this Agreement) unless otherwise noted.

Fee Type Name Fee
Software Service
Subscription
Balancing Act Bundle
Simulation ($5,600/yr standalone)
The core of the Balancing Act suite is the simulation. This easy-to-set-up, interactive tool is the best way to communicate financial information to residents and get their informed feedback. Replace static citizen budgets and other PDF's with a much more powerful learning tool.

Prioritize ($6,000/yr standalone)
Prioritize is a new engagement tool to get stakeholder preferences on projects. Prioritize goes above and beyond a survey with a unique dual approach that allows users to make selections and then rank order them. The resulting data provides deeper insight to support decision-making within a fixed budget or one-time expense such as stimulus funds. With a user-friendly design, a Prioritize simulation can be created in an hour or less.

Taxpayer Receipt ($3,000/yr standalone)
People are accustomed to getting a receipt when they pay for something, so why not their taxes? The Balancing Act Taxpayer Receipt is an easy, effective way to demonstrate to residents that their money is being put to good use. Residents anonymously input data to generate a customized estimate of taxes paid and get a receipt for where their contribution is going.
$9,000/yr
Total: $9,000/yr
Polco reserves the right to modify and increase Fees upon providing written notice to Customer at least sixty (60) calendar days prior to the commencement of any Renewal Term, and the applicable Fees in this Order Form will be deemed amended accordingly. Any such increases shall not exceed 8% per Renewal Term. You will receive standard updates to the Services that are made generally available by Polco during the Term. However, Polco reserves the right to offer additional functionality or premium feature improvements for an additional cost.

Billing - Payment for the Fees as outlined must be made within the Initial Term of the Agreement. If applicable, sales tax shall be assessed on your invoice to comply with the sales tax laws and regulations in your state. Your Implementation shall be suspended if Fees for your Initial Term are not received in a timely fashion, and your Account shall be suspended and inaccessible if such Fees are not received within 30 days of the invoice due date.

Fees for Renewal Terms shall be invoiced at the start date of the Renewal Term and shall be due within thirty (30) days of the start date of the Renewal Term unless otherwise agreed upon.

Your subscription shall be deemed terminated if Fees for a Renewal Term are not received within thirty (30) days following the start date of the Renewal Term.

Except to the extent otherwise expressly stated in this Agreement all obligations to pay subscription Fees are non-cancelable and all payments are non-refundable. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Polco regarding future functionality or features.

Compliance with data protection laws - Each Party will comply with any applicable data protection and privacy laws applicable to such Party’s performance of its obligations under or in connection with this Agreement (“Data Protection Laws”). Where applicable Data Protection Laws, whether in effect at the start of the Term or as become applicable or effective during the Term, require the processing of Personal Data to be subject to specific terms between the Parties, the Parties shall enter into any necessary amendments to this Agreement and/or separate agreements to the extent necessary to comply with such applicable Data Protection Laws, including without limitation a Data Sharing Agreement.

Miscellaneous.

Notices. All notices shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; or (iii) the second business day after sending by email (provided that such email has not been returned as undelivered, or that sender does not receive an automatic response or other indication that the email account is not being monitored).

To Polco:
1241 John Q Hammons Dr, Suite 203
Madison, WI 53717
[email protected]
Sonya Wytink, COO
To Customer:
245 E Bonita Ave
San Dimas, CA 91773
[email protected]
Michael O’Brien, Finance Director
Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.

Counterparts. This Agreement and any amendments hereto may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The Parties may execute this Agreement and any amendment hereto in the form of an electronic record utilizing electronic signatures, as such terms are defined in the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et. seq.). Electronic signatures, or signatures transmitted electronically via PDF or similar file delivery method is legal, valid, and binding upon execution and delivery for all purposes and each shall have the same effect as an original signature.

Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to affect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

POLICY CONFLUENCE, INC.

Signature: Name:

Title:

Date:

City of San Dimas, CA
Signature: Name:

Title:

Date:

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of September 10, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Barragan, Engineering Manager
Subject: Approve the San Dimas High School Homecoming Parade ____________________________________________________________________________

SUMMARY
City Council to consider approving the annual special event for the San Dimas High School Homecoming Parade through the City’s downtown area.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the annual San Dimas High School Homecoming Parade through the downtown area for this year (2024) and future years with the following conditions:
a. The San Dimas High School (SDHS) and/or Bonita Unified School District (BUSD) contribute their fair share in the event’s cost by paying for the traffic control consultant services ($4,000 for 2024).
b. Require the San Dimas High School to comply with the Special Event Permit Conditions of Approval which shall include, but not be limited to the following:
i. Provide supervising adult monitors to assist with managing the parade participants before, during, and after the event.
ii. Notify all impacted businesses and residents along the parade route at least 7 days in advance of the scheduled event.

2. Authorize City Staff to assist with traffic control before, during, and after the event. The City shall continue to subsidize this cost from the General Fund.

3. Authorize the City to pay for Sheriff’s Department staff to assist with the event. The City shall continue to subsidize this cost from the General Fund.

Approval of San Dimas High School Homecoming Parade Page 2 For the Meeting of September 10, 2024

FISCAL IMPACT
The day of the event cost for hosting the annual San Dimas High School Homecoming Parade through the City’s downtown area is currently estimated to be just under $10,000. The cost breakdown by year is as follows:

SAN DIMAS HIGH SCHOOL HOMECOMING PARADE COST
Year City Staff Sheriff's Staff Consultant Services Total 2008-2019 $2,500 $1,000 $1,500 $5,000
2020 (Covid) N/A N/A N/A N/A
2021-2022 $3,200 $1,000 $2,500 $6,700
2023 $3,800 $1,400 $3,600 $8,800
*2024 $4,200 $1,500 $4,000 $9,700
**Future $5,200 $1,800 $4,500 $11,500
*Anticipated
The fiscal impact will depend on the Council’s directive regarding the sharing of the cost for this event (if any). The table below shows the history of cost contributions and what’s proposed for this year (2024). The percentages listed are based on the costs listed above and the percentages may fluctuate in the future depending on actual cost for the consultant services compared to the actual total cost.

SDHS HOMECOMING PARADE COST SHARING
Year City's Contribution School's Contribution
2008-2019 100% 0%
2020 N/A N/A
2021-2022 100% 0%
2023 100% 0%
*2024 58% 42%
**Future 50% – 60% 40% - 50%
*Proposed
**Future year percentages will vary based actual cost

BACKGROUND
In 2008, the San Dimas High School submitted their first special event permit application to the City for hosting their Homecoming Parade through the downtown area. Since then, the Homecoming Parade has been an annual community event primarily taking place on a Friday afternoon in the month of October. There have been a few expectations where the date has been shifted to as early as the end of September and as late as mid-November. Additionally, the only

Approval of San Dimas High School Homecoming Parade Page 3 For the Meeting of September 10, 2024
year the event has not taken place since its initiation in 2008 is 2020 and that was due to the implemented restrictions from the Coronavirus disease (COVID-19) pandemic.

Over the years the parade route has been essentially the same. See Attachment 1 for a map of the parade route. The parade participants gather and stage near the civic center along Iglesia Street between Bonita Ave and 1st St and along 1st Street east of Iglesia St. The parade route has been primarily on Bonita Avenue from Iglesia Street to Monte Vista Avenue.

Prior to 2020, the annual event was the same year after year and it consisted of temporarily closing the following streets:
• Bonita Avenue from City Hall Parking Lot Driveway just east of Iglesia St to Monte Vista Ave (extended to Cataract Ave to detour traffic)
• 1st Street from Iglesia St to east end
• Iglesia St from 1st Street to Bonita Ave
• Monte Vista Ave from Bonita Ave to 1st St
• San Dimas Avenue both northbound and southbound traffic remained open until the parade started.

Once the parade started, the San Dimas Ave. traffic would be held at the Bonita Ave intersection until breaks in the parade were created by holding the parade participants on Bonita just east of San Dimas Ave. Staff would have to hold the parade participants as well as any pedestrians that wished to cross San Dimas Ave. to allow for the northbound and southbound traffic to go through the intersection.

Starting in 2021, the Gold Line / “A” Line Light Rail Project associated construction activity impacted the traffic control approach for this particular event. In 2021, the intersection of Bonita Ave. and Cataract Ave. was under construction and due to the temporary intersection layout, traffic control plans had to be modified to reflect those temporary conditions and additional traffic control devices were needed to reroute detoured traffic from Cataract Ave to Eucla Ave.

In 2022, the intersection of Bonita Ave and Cataract Ave was near completion, but there was still construction activity which required to have a temporary physical barrier across the intersection along Bonita Ave which prohibited left turn movements from any direction. The temporary barrier also prohibited any northbound and southbound traffic through the intersection. In addition, at the next major intersection east, the physical characteristics of the roadway along San Dimas Avenue had also changed due to the light rail project. A raised concrete median (a physical barrier) was added along San Dimas Ave south of Bonita Ave to separate northbound and southbound traffic. The traffic lane configuration in the area also changed. The traffic control plans had to be revised once again to reflect those temporary restrictions at the Bonita Ave/Cataract Ave intersection and the new lane layout approaching the Bonita Ave/San Dimas Ave intersection. The event was held maintaining northbound and southbound San Dimas Avenue traffic open prior to the event and controlled during the event, but the new roadway characteristics made it more challenging. Due to the additional challenges, the Sheriff’s Department recommended closing San Dimas Avenue completely during the event. This would require the closure of San Dimas Avenue at Commercial Street due to the alignment of the median.

In 2023, the Sheriff’s Department recommendations were incorporated and additional revisions to the event’s traffic control plans included:
• Extending the temporary road closure of Iglesia St from 2nd Street to Bonita Ave

Approval of San Dimas High School Homecoming Parade Page 4 For the Meeting of September 10, 2024
• Extending the temporary road closure of 1st St from Monte Vista Ave to the east end • Close NB San Dimas Ave just south of the Railroad Tracks between Bonita Ave & Commercial St
• Close SB San Dimas Ave at 2nd Street, but also redirect/detour most SB San Dimas Ave traffic at the Gladstone Street intersection.

DISCUSSION/ANALYSIS
Historically this has been an event intended to support our local high school’s team spirit and one that gives that close-knit feeling typically associated with small towns. Some of the businesses and residents have been supportive, some have not. There are also the financial implications associated with hosting this event. To date, the City has incurred all of the cost for hosting this event. Understanding budgetary challenges and the increase in cost for holding this event as a result of the physical changes from the Gold Line / “A” Line Light Rail Project, City staff met with San Dimas High School representatives on May 8, 2023.

City staff informed the school representatives of the ongoing changes causing increase in cost for the event and that the City may need to ask the School and/or School District to contribute a portion if not the entire cost which would be roughly close to $10,000. The City even suggested looking at alternative routes during that meeting. There were several discussions after that meeting, and the City ultimately decided to host the 2023 parade and pay for it as in previous years, but a cost sharing partnership would need to be considered for future events if the desire was to continue having the event in the downtown area.

On June 10, 2024, the City received an application for the 2024 SDHS Homecoming Parade, but the application package was incomplete. In anticipation of the event being the same as pervious years, staff requested cost information from the Traffic Control Consultant (Right of Way Inc.).

City Staff attempted to reach out to the school representative for the pending supporting documents which were submitted on August 3, 2024. The application was reviewed at our monthly Event Permit meeting of August 20, 2024. Following the meeting, an email was sent to the SDHS representatives on August 23, 2024, to confirm receipt of this year’s parade scheduled for Friday, October 18th and to follow up on items in preparation for the event. One of those items was the associated costs and the reminder that the City had asked to share in the costs associated to host the event in the downtown area. This item has since been brought up for the City Council to review.

City staff recommends continuing hosting the event with the School and/or School District’s financial contribution. Please note that this is not only for this year’s (2024) SDHS Homecoming Parade but also for future SDHS Homecoming Parades. If the City continues to contribute to hosting the SDHS Homecoming Parade in the downtown area, Staff recommends funding the event from savings in reducing other events due to the projected deficits projected for 2024-25.

However, the City can fund these events by utilizing reserves to avoid reducing another event.

Here are several sponsored events and their associated costs:
• City Birthday Event - $6,500
• Bowser Bash - $4,800

Approval of San Dimas High School Homecoming Parade Page 5 For the Meeting of September 10, 2024
• Cars and Coffee Series (4 events) - $9,300
• Dive in Movie (1) - $2,000

ALTERNATIVES
Below are a few alternative options for Council consideration:

1. No longer approve the parade on City Streets.

2. Change the parade to a different location to reduce cost and impacts.

3. Special event is continued to be held annually without any financial contribution from the Bonita Unified School District and the City would continue to subsidize from the City General Fund.

ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.

Respectfully submitted,
Steven Barragan
Engineering Manager
Attachments:

1. SDHS Homecoming Parade Route Map

BONITA AVENUE
LEGENDS:

PARADE ROUTE

RETURN ROUTE

SDHS HOMECOMING
PARADE ROUTE Page 153 – 153 1 OF 1