Agenda, regular meeting — Covina City Council, July 5, 2022 (part 2 of 3)

Resolution CC 2022-64 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-64 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 82 of 85 ends

RESOLUTION CC 2022-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS ON THE “COVINA LIGHTING DISTRICT NO. 1978-
1979” FOR FISCAL YEAR 2022/2023 AND APPOINTING A TIME AND

PLACE FOR HEARING PROTESTS IN RELATION THERETO

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Covina, California, to levy assessment on the Covina Lighting District No. 1978-1979 for furnishing the electrical energy and maintaining street lighting fixtures, appurtenances and appurtenant work thereof, to those certain areas of the city shown on the maps consisting of 81 sheets, which are on file in the office of the City Clerk and made a part hereof, for the fiscal year.

The boundaries of the assessment district and any zones therein and the proposed assessments upon assessable lots and parcels of land within the district shall be in accordance with the report of the Engineer, dated July 5, 2022, on file in the office of the City Clerk and which is hereby incorporated herein and made a part hereof (the “Engineer’s Report”). Reference is made to the Engineer’s Report for a full and detailed description of the improvements, services, the boundaries of said Covina Lighting District No. 1978-1979 and any zones therein, and the proposed assessments upon assessable lots and parcels of land within said Covina Lighting District No. 1978-1979.

SECTION 2. That said assessment district is all of that portion of the City of Covina shown on maps consisting of 81 sheets on file in the office of the City Clerk, on which said maps the extent of said assessment district is indicated, excepting from said district any portion of any public street or alley which may be included therein. Reference is hereby made to said maps for a complete and detailed description of said Covina Lighting District No. 1978-1979. The said maps so on file shall govern for all details as to the extent of said assessment district.

SECTION 3. Any lots or parcels of land known as public property, as the same is defined in Section 22663, Part 2, Division 15, Streets and Highways Code, ("Landscaping and Lighting Act of 1972"), hereinafter referred to, which are included in the said assessment district shall be omitted and exempt from the assessment to be made to cover the costs and expenses of said district.

SECTION 4. The assessments contemplated by this Resolution of Intention shall be done under the provisions of the "Landscaping and Lighting Act of 1972," (Part 2 of Division 15, Section 22500 et seq., of the Streets and Highway Code of the State of California).

SECTION 5. The existing improvements are briefly described as follows: The maintenance and operation of streets and sidewalks within the District, including the maintenance and servicing of street lights, traffic signals, and appurtenant facilities located in and along public streets, roadways, and rights-of-way in the City. “Maintenance” means the furnishing of services

Page 83 of 85 ends

Resolution CC 2022-65 Page 2 of 3
and materials for the ordinary and usual maintenance, operation, and servicing of the street lights, traffic signals, and appurtenant facilities, including repair, removal, or replacement of all or part of any street lights, traffic signals, or appurtenant facilities and the cleaning, sandblasting, and painting of street lights, traffic signals, and appurtenant facilities to remove or cover graffiti. “Servicing” means the furnishing of electric current or energy, gas, or other illuminating agent for the street lights, traffic signals, and appurtenant facilities.

SECTION 6. That the proposed assessment rates are the same as the Fiscal Year 2021/2022 rates.

SECTION 7. That Tuesday, July 19, 2022, at the hour of 7:30 P.M., of said day be, and the same is hereby appointed as to time, and the Council Chamber, 125 East College Street, in the City of Covina, California is hereby appointed as the place for hearing protests as to the question of levying and collecting assessment on the Covina Lighting District No. 1978-1979 for Fiscal Year 2022/2023, in reference to said assessments.

SECTION 8. That the City Clerk is hereby authorized, designated, and directed to give notice of said hearing in time, form, and manner as required by law.

SECTION 9. That the "San Gabriel Valley Examiner," a weekly newspaper of general circulation, adjudicated and circulated within the said City of Covina, California is hereby designated as the newspaper in which such notice shall be published.

SECTION 10. That this resolution shall take effect immediately; and the City Clerk shall certify to the passage and adoption of this resolution, shall cause the original of the same to be entered among the original resolutions of said City Council of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes at which the same is passed and adopted.

APPROVED and PASSED this 5
th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
_________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 84 of 85 ends

Resolution CC 2022-65 Page 3 of 3

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-65 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 85 of 85 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Jul 05 2022
Title: Adopt Resolution CC 2022-66 Declaring the Intent to Levy and Collect Assessments on Vehicle Parking District No. 1 for Fiscal Year 2023 and Set Public Hearing for Protests in Relation Thereto
Presented By: Andy Bullington, Director of Public Works Recommendation: 1) City Council to receive and file the Engineer’s Report; and 2) Adopt Resolution CC 2022-66 declaring the City’s intention to levy and collect assessments on Vehicle Parking District No. 1 for Fiscal Year 2023 and setting the Public Hearing date for July 19, 2022 for hearing protests in relation thereto.

EXECUTIVE SUMMARY / BACKROUND:

Vehicle Parking District No. 1 was created on September 6, 1955, in accordance with California Streets and Highways Code Sections 31500-31519 entitled “Vehicle Parking District Law of 1943.” The District was created to provide a means for acquiring, improving, maintaining, operating, and administering the off-street parking facilities for Downtown Covina.

In November 1996, California voters approved “The Right to Vote on Taxes Act,” the State Constitutional Amendment known as Proposition 218. At that time, the existing Vehicle Parking District No. 1 assessments did not qualify for any of the tax or assessment exemption provisions contained in the Constitutional Amendment, and therefore property owner approval was required to continue ad valorem assessment of properties within the District. In 1997, the continuation of the ad valorem assessment (special tax) rate of $0.0875 per $100 of assessed property valuation was submitted to a vote of the affected property owners. The ballots resulted in 83% in favor of the continued assessment, in compliance with the provisions of the Constitution.

Each fiscal year, State law requires an Engineer’s Report be prepared prior to levying assessments on the LA County tax roll for certain types of assessment districts. The 2022-2023 Engineer’s Report for the Vehicle Parking District No. 1 (Attachment A) has been prepared for review and consideration. A resolution (Attachment B) is also required in order to declare the City’s intention to collect the assessments, and to set a public hearing date.

As proposed, the City Council will conduct the required Public Hearing for this matter on July 19, 2022 at 7:30 p.m.

DISCUSSION:

The assessment would provide funds for the operation and maintenance of existing public parking lots, as well as for the future acquisition of properties for additional parking lots, as needed. The Engineer’s Report recommends continuation of the ad valorem assessment rate of $0.0875 per $100 of assessed property valuation on the applicable properties within the District to provide approximately $78,255 of revenue to this District. There are a total of 166 properties with a total assessed property valuation of $89,434,643. The recommended rate has been in existence and unchanged since 1982.

Per the Engineer’s Report, the assessments collected this year will be greater than the cost of operations and maintenance. For FY 2022-2023, the total revenue generated in the District is estimated to be $162,333, including assessment revenue, parking permit revenues, and property rental revenues, among others. For FY 2022-2023, it is estimated that the total expenditures will be $152,993. This leaves a surplus of $9,340 in the District.

The current projected fund balance as we near June 30, 2022 is $234,460 and will be increased to $243,800 as of June 30, 2023. It should be noted that a portion of these funds have been accumulated to fund capital expenses and the future acquisition of parking facilities, if needed.

Table 1: Covina Vehicle Parking District No. 1 – FY 2022-2023 Summary Budget Item Amount
Parking Permits $25,000
Property Rental $51,744
EV Charging Stations $ 3,600
Other Revenue (including interest) $ 3,734
Proposed Assessments $78,255
Total - Projected Revenue $162,333
Operating Expenditures $152,993
Total - Projected Expenditures $152,993
Table 2: Covina Vehicle Parking District No. 1 – Fund Balance Summary Budget Item Amount
Estimated Fund Balance, Ending June 30, 2022 $234,460
Operating Surplus, FY 2022-2023 $ 9,340
Estimated Fund Balance, Ending June 30, 2023 $243,800
FISCAL IMPACT:

Legally required engineering, advertising, and balloting costs for Vehicle Parking District No. 1 are included in the FY 2022-2023 Municipal Parking District budget (Fund 2700). The proposed action has no impact on the General Fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Engineer's Report
Attachment B - Resolution 2022-66
Respectfully submitted,

Page 2 of 19 ends

Page 3 of 19 ends

City of Covina

Vehicle Parking District No. 1

2022/2023 ENGINEER’S REPORT

Intent Meeting: July 5, 2022

Public Hearing: July 19, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com

Page 4 of 19 ends

ENGINEER'S REPORT AFFIDAVIT
Vehicle Parking District No. 1
City of Covina
Los Angeles County, State of California
This Report and the enclosed map defining the properties within the District identify the District boundaries, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2022.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Covina
By: ________________________________
Susana Hernandez, Senior Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

Page 5 of 19 ends

This is to verify that on ________________, the Engineer's Report on Fiscal Year 2022/2023 Assessment for the Vehicle Parking District No.1 was received in the Office of the City Clerk in accordance with Section 31500-31519 of the California Streets and Highways Code. _____________________________
City Clerk

Page 6 of 19 ends

TABLE OF CONTENTS
I. BACKGROUND....................................................................................................... 1 II. CONSTITUTIONAL REQUIREMENTS.................................................................... 2 III. CAPITAL IMPROVEMENTS ................................................................................... 2 IV. PLANS AND SPECIFICATIONS ............................................................................. 3 V. REVENUE AND EXPENSE STATEMENT .............................................................. 4 VI. ASSESSMENT RATES AND REVENUES.............................................................. 5 APPENDIX A – DISTRICT DIAGRAM............................................................................ 6 APPENDIX B – PRELIMINARY ASSESSMENT ROLL ................................................. 7

Page 7 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 1 of 10
I. BACKGROUND
Vehicle Parking District No. 1 (hereafter referred to as “District”) was created on September 6, 1955 in accordance with California Streets and Highways Code Sections 31500-31519 entitled “Vehicle Parking District Law of 1943”. The District was created to provide a means for acquiring, improving, maintaining, operating and administering the off-street parking facilities for downtown Covina. Even though the District was organized in 1955, it was not until 1960 that an assessment was levied and bonds were sold to finance the purchase and improvement of two (2) parking lots. The District was created with 40% protest from property owners. The current ad valorem assessment rate (special tax) was established in 1982 at $0.0875 per $100 assessed value of the properties in this District and is estimated to produce $78,255.31 of revenue in Fiscal Year 2022/2023.

A new approach to parking began on December 1, 2011 with the elimination of segmented time limits in parking lots replaced with a mix of: 4-hour parking in lots, 2-hour parking on side streets, and 2-hour parking on Citrus Avenue, between San Bernardino Road and Badillo Street. Time limits in lots will be cumulative in a 24-hour period, meaning drivers cannot move their cars and return to the same parking lot to avoid citations. Parking enforcement will be in effect throughout Downtown from 8 a.m. to 8 p.m., Monday through Friday. Monthly and daily parking permits will be accepted in all municipal parking lots.

Attached in Appendix A is the list of properties that are currently in the District together with assessed valuations. There are a total of 166 properties with a total assessed valuation, net of home-owners exemption, of $89,434,643.

Below are the current parking lots in this District with the corresponding space distribution:

Location Approx. Address Map 4
Hour
24 Hour Hdcp Leased EV Taxi Standard
West College St. (South) Next to 140 W. College St. #7 -- -- 4 -- -- -- 95 West College St. (North) Next to 151 W. College St. #4 -- -- 5 -- 4 -- 94 150 West College St. Btwn. 140 and 158 W. College St. #6 -- -- 2 -- -- -- 28 Cottage Dr. Next to 133 W. Cottage #1 -- -- 2 -- -- -- 39 City Hall Northerly Lot Next to 114 E. Italia St. #3 -- -- 5 -- -- -- 107 City Hall Easterly Lot Next to 125 E. College St. City Hall -- -- 2 -- -- -- 28 Second Ave. North of College 205 N. Second Ave. #5 -- -- 1 -- -- -- 14 S/E Badilo/Second 202 E. Badillo St. -- Leased to Bank of America -- West Badillo St. Btwn. 118 and 144 W. Badillo St. #9 -- -- 2 -- -- -- 31 East Badillo St. Next to N. Citrus Ave. #8 -- -- 2 -- 2 -- 23 124 East College St. Civic Center
Parking Structure -- -- 5 -- 2 -- 120
Total 0 0 30 0 8 0 579

Page 8 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 2 of 10
II. CONSTITUTIONAL REQUIREMENTS
In November 1996, the California voters approved "The Right To Vote On Taxes Act", a State Constitutional Amendment known as Proposition 218 (“Proposition 218”), which established Articles XIIIC and XIIID in the State Constitution. In the City Attorney's opinion, the existing Vehicle Parking District No. 1 assessments did not qualify for any of the tax or assessment exemption provisions contained in the Constitutional Amendment and therefore property owner approval was required to continue the ad valorem assessment of properties within the District. In 1997, the continuation of the ad valorem assessment (special tax) for the District was submitted to a vote of the affected property owners. The ballots resulted in 83% in favor of the continued assessment, in compliance with the provisions of the Constitution.

The Covina Municipal Code has the following provisions for properties within the District:
a. The properties are deemed to have complied with the off-street parking requirements of the Covina Municipal Code to the extent that the properties have been originally assessed to provide for off-street parking. b. The properties receive additional credit toward off-street parking compliance for parking spaces purchased by the District from proceeds of the annual ad valorem assessment for parking expansion.
c. The properties that do not have adequate on-site parking may also receive credit toward compliance with parking requirements by contributing parking spaces on another parcel to the District, or by contributing money to the District sufficient for the District to purchase the spaces necessary to meet the parking requirements for such properties.
d. The parking requirement for each use is approximately 10% less than for properties outside the District.

The above Municipal Code provisions constitute special benefit to the properties within the District that the properties outside the District do not have.

III. CAPITAL IMPROVEMENTS
The Capital Improvement Program (CIP) is a projection of the City’s capital investments over a five-year period. The CIP is a fiscal and planning tool that allows the City to monitor all capital project costs, funding sources, departmental responsibilities, and timing. Each year, the CIP will be reviewed within the context of ongoing city, county, state, and federal planning programs and policies. Capital investments involve major City projects that produce outputs having long and useful life spans.

Renovation of Parking Lot #8
Parking Lot #8 is located behind the Covina Center for the Performing Arts, and serves the 100 block of North Citrus Avenue, in downtown Covina.

The parking lot was scheduled for revitalization as part of the City's efforts to enhance the appeal of downtown Covina, and develop connectivity to adjacent areas. The project provided for the replacement of existing parking lot road materials, improved accessibility and traffic flow, new lighting and landscaping, new covered trash enclosures, new storm water infiltration elements, and a new EV charging station. The improvements also included a decorative walkway and lighted signage that connect with Citrus Avenue

Page 9 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 3 of 10
through a nearby paseo. The project was completed in December 2021.

This renovation project was funded by Successor Agency to Covina Redevelopment Agency Bond Proceeds, and other City monies. Municipal Parking District funds were not utilized.

Civic Center Parking Structure Maintenance Program
The 3-level Civic Center Parking Structure, which provides parking for 122 visitors and merchants, was constructed in 2008. Historically, routine maintenance and restoration of the structure occurs on an as-needed basis. The goal of this program is to prepare and implement a Capital Improvement and Protection Program (CIPP) for the Civic Center Parking Structure in an effort to extend the service life of the infrastructure. The CIPP provides recommendations on how the City can perform budgeted restoration and capital improvements on the parking structure over a twenty-year period of time. Repairs and maintenance will address stair and elevator repairs, concrete and structural repairs, drain and pipe cleaning, elastomeric coatings, lighting system repairs, surveillance system maintenance, and repainting of the structure and traffic markings. An investment in the ongoing maintenance to the Civic Center Parking Structure mitigates expensive repair costs due to deferment.

A complete assessment of the Civic Center Parking Structure was completed in July 2019, and a CIPP was prepared based on that assessment. The CIPP identified all routine maintenance activities that will be required over the next twenty years, their priority, the year in which they should take place, and the estimated cost. Municipal Parking District Funds are utilized for maintenance activities as needed.

Accordingly, the Civic Center Parking Structure was scheduled for painting in 2022. The painting project included the interior and exterior walls, stairwells, railings, and other appurtenances. The project was completed in May 2022.

These projects further the City council’s 2016 Strategic Goals to maintain and improve Covina’s infrastructure.

IV. PLANS AND SPECIFICATIONS
Attached in Appendix A is a copy of the boundary map defining the properties within Vehicle Parking District No. 1. The original boundary diagram and the corresponding current Los Angeles County Assessor's Maps for properties within the District are on file in the City of Covina Engineering Division's office, and by reference are made part of this report.

Page 10 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 4 of 10
V. REVENUE AND EXPENSE STATEMENT
Fiscal Year 2022/2023 Revenue
Parking Permits $25,000
Unsecured Property Tax 3,522
Property Rental 51,744
EV Charging Stations 3,600
Interest Accrued on Revenue 212
Property Tax Assessment (Proposed) (1) 78,255
Total Revenue $162,333
Fiscal Year 2022/2023 Expenses
Services & Supplies
Repair and Maintenance $21,174
County Admin Fee 120
Administration - Overhead and Misc. 44,499
Bank Charges 200
Administration - Parking Permits (2) 6,000
Security Services (3) 8,008
Engineering Services 3,820
Water 3,000
Electricity 11,500
Telephone 1,410
Landscape/Hardscape Maintenance 22,762
Legal Notices 250
Supplies (Janitorial) 250
Parking Control 30,000
Sub-total $152,993
Capital Improvements 0
Total Expenses $152,993
(1) Proposed Property Tax Assessment excludes home-owners exemption of $77,000 in calculation of parcel(s) charged. (2) Administration of parking permit sales for Municipal Parking Lots and Civic Center Parking Structure. (3) Civic Center Parking Structure security patrol personnel.

Page 11 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 5 of 10
VI. ASSESSMENT RATES AND REVENUES
Although the fund balance from the prior Fiscal Years is enough to cover the expenses for the 2022/2023 Fiscal Year, there is a continuous need to have greater funds than the expected routine expenses to provide funding for future acquisition of properties for additional parking lots and rehabilitation of existing parking lots. The Board of Parking Commissioners has determined that continued ad valorem assessment tax revenue is required to fund a portion of the Annual Expenses. However, it is also necessary to accumulate additional funds for Capital Expenses that will eventually be needed for future acquisitions and rehabilitation of existing parking facilities.

The existing annual ad valorem assessment rate of $0.0875 per $100 of assessed value approved by the property owners in 1997 has not changed since 1982. It is not necessary to submit the rate to the vote of the property owners if the rate is the same or lower than the previous years.

Recommended Rate for Fiscal Year 2022/2023:
(Assessed Value of Properties) / ($100 per Assessed Value) x ($0.0875) = Revenue ($89,434,643) / ($100 per assessed value) x ($0.0875) = $78,255 assessment revenue The total net assessed valuation of $89,434,643 is based on Fiscal Year 2021/2022 assessed values. As such, the $78,255 assessment revenue for Fiscal Year 2022/2023 is an estimate based on Fiscal Year 2021/2022 assessed values and does not include any possible penalties and interest due to late payments of tax bills.

Page 12 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 6 of 10
APPENDIX A – DISTRICT DIAGRAM

Page 13 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 7 of 10
APPENDIX B – PRELIMINARY ASSESSMENT ROLL
The proposed parking district assessment roll for Fiscal Year 2022/2023 is shown on the following pages. The charge amount is estimated based on Fiscal Year 2022/2023 assessed values.

ASSESSOR'S
PARCEL
NUMBER

TRA SITUS ADDRESS ASSESSED
LAND

ASSESSED

STRUCTURE
HOME

EXEMPTION
(1)
TOTAL

ASSESSED
VALUE
CHARGE
8430-027-001 003210 170 E SCHOOL ST $568,822 $1,137,647 $0 $1,706,469 $1,493.16 8430-027-015 003210 151 E ITALIA ST 31,458 12,201 0 43,659 38.20 8430-027-016 003210 159 E ITALIA ST 214,229 158,599 0 372,828 326.22 8430-027-027 003210 301 N 2ND AVE 327,135 118,321 0 445,456 389.77 8430-027-039 003210 135 E ITALIA ST 157,332 274,967 0 432,299 378.26 8430-027-040 003210 137 E ITALIA ST 174,055 263,932 0 437,987 383.24 8430-027-041 003210 139 E ITALIA ST 165,935 228,596 0 394,531 345.21 8430-027-042 003210 141 E ITALIA ST 184,188 294,722 0 478,910 419.05 8430-027-043 003210 143 E ITALIA ST 171,039 236,138 0 407,177 356.28 8430-027-044 003210 145 E ITALIA ST 175,856 288,939 0 464,795 406.70 8430-027-045 003210 147 E ITALIA ST 203,300 291,700 0 495,000 433.13 8430-027-046 003210 179 CLEMENTINE CT 246,605 241,244 0 487,849 426.87 8430-027-047 003210 177 CLEMENTINE CT 191,494 285,633 0 477,127 417.49 8430-027-048 003210 175 CLEMENTINE CT 164,771 227,433 0 392,204 343.18 8430-027-049 003210 173 CLEMENTINE CT 194,055 300,616 0 494,671 432.84 8430-027-050 003210 171 CLEMENTINE CT 165,935 228,596 0 394,531 345.21 8430-027-051 003210 163 CLEMENTINE CT 214,229 282,976 7,000 490,205 428.93 8430-027-052 003210 161 CLEMENTINE CT 168,254 232,077 0 400,331 350.29 8430-027-053 003210 310 ORANGE BLOSSOM LN 191,362 298,662 0 490,024 428.77 8430-027-054 003210 312 ORANGE BLOSSOM LN 172,895 237,879 7,000 403,774 353.30 8430-027-055 003210 316 ORANGE BLOSSOM LN 146,893 297,231 0 444,124 388.61 8430-027-056 003210 318 ORANGE BLOSSOM LN 168,950 233,236 0 402,186 351.91 8430-027-057 003210 320 ORANGE BLOSSOM LN 176,913 289,494 7,000 459,407 401.98 8430-027-058 003210 322 ORANGE BLOSSOM LN 127,071 274,967 0 402,038 351.78 8430-027-059 003210 324 ORANGE BLOSSOM LN 174,055 252,553 0 426,608 373.28 8430-027-060 003210 316 PUMMELO PLAZA 225,161 289,494 0 514,655 450.32 8430-027-061 003210 318 PUMMELO PLAZA 184,501 254,125 0 438,626 383.80 8430-027-062 003210 320 PUMMELO PLAZA 171,734 236,718 0 408,452 357.40 8430-027-063 003210 322 PUMMELO PLAZA 175,914 243,681 0 419,595 367.15 8430-027-064 003210 324 PUMMELO PLAZA 232,083 293,505 7,000 518,588 453.76 8430-027-066 003210 303 ORANGE BLOSSOM LN 201,229 257,005 7,000 451,234 394.83 8430-027-067 003210 305 ORANGE BLOSSOM LN 101,247 175,764 0 277,011 242.38 8430-027-068 003210 307 ORANGE BLOSSOM LN 59,608 217,401 7,000 270,009 236.26 8430-027-069 003210 309 ORANGE BLOSSOM LN 101,247 175,764 0 277,011 242.38 8430-027-070 003210 311 ORANGE BLOSSOM LN 101,247 175,764 0 277,011 242.38 8430-027-071 003210 315 ORANGE BLOSSOM LN 206,661 287,391 0 494,052 432.30 8430-027-072 003210 317 ORANGE BLOSSOM LN 178,608 273,714 0 452,322 395.78 8430-027-073 003210 319 ORANGE BLOSSOM LN 101,247 175,764 0 277,011 242.38 8430-027-074 003210 321 ORANGE BLOSSOM LN 101,247 175,764 0 277,011 242.38 8430-027-075 003210 323 ORANGE BLOSSOM LN 300,000 150,900 0 450,900 394.54

Page 14 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 8 of 10

ASSESSOR'S
PARCEL
NUMBER

TRA SITUS ADDRESS ASSESSED
LAND

ASSESSED

STRUCTURE
HOME

EXEMPTION
(1)
TOTAL

ASSESSED
VALUE
CHARGE
8430-027-082 003210 325 ORANGE BLOSSOM LN 101,247 172,236 0 273,483 239.30 8430-027-083 003211 327 ORANGE BLOSSOM LN 178,608 250,849 7,000 422,457 369.65 8430-027-095 003210 127 E ITALIA ST 223,206 226,900 0 450,106 393.84 8430-027-096 003210 129 E ITALIA ST 214,200 290,800 0 505,000 441.88 8430-027-097 003210 131 E ITALIA ST 169,437 300,380 0 469,817 411.09 8430-027-098 003210 133 E ITALIA ST 174,055 260,973 0 435,028 380.65 8430-027-099 003218 151 CITRON LN 222,406 222,975 0 445,381 389.71 8430-027-100 003218 153 CITRON LN 217,288 218,424 0 435,712 381.25 8430-027-101 003218 155 CITRON LN 241,771 283,818 7,000 518,589 453.77 8430-027-102 003218 157 CITRON LN 163,021 274,967 7,000 430,988 377.11 8430-027-103 003218 159 CITRON LN 210,461 210,461 7,000 413,922 362.18 8430-027-104 003218 161 CITRON LN 208,186 209,325 0 417,511 365.32 8430-027-105 003218 163 CITRON LN 224,680 227,528 0 452,208 395.68 8430-027-109 003210 SITUS NOT AVAILABLE 109,097 109,097 0 218,194 190.92 8430-027-110 003210 SITUS NOT AVAILABLE 102,442 102,442 0 204,884 179.27 8430-027-111 003211 330 N CITRUS AVE 97,607 126,654 0 224,261 196.23 8430-027-112 003211 330 N CITRUS AVE 77,071 104,649 0 181,720 159.01 8430-027-113 003210 328 N CITRUS AVE 142,202 176,510 0 318,712 278.87 8430-027-114 003210 318 N CITRUS AVE 153,578 153,578 0 307,156 268.76 8430-027-115 003210 306 N CITRUS AVE 118,910 175,534 0 294,444 257.64 8430-027-116 003210 302 N CITRUS AVE 113,248 169,873 0 283,121 247.73 8430-027-117 003210 170 E SCHOOL ST 1,092,139 45,501 0 1,137,640 995.44 8431-029-001 003210 325 N CITRUS AVE 858,806 939,634 0 1,798,440 1,573.64 8431-029-002 003210 311 N CITRUS AVE 305,745 305,272 0 611,017 534.64 8431-029-003 003210 309 N CITRUS AVE 22,231 55,034 0 77,265 67.61 8431-029-016 003210 307 N CITRUS AVE 90,267 88,763 0 179,030 156.65 8431-029-020 003210 133 W COTTAGE DR 209,380 52,339 0 261,719 229.00 8431-029-021 003210 139 W COTTAGE DR 198,912 98,501 7,000 290,413 254.11 8431-029-022 003210 145 W COTTAGE DR 333,903 83,475 0 417,378 365.21 8431-029-023 003210 149 W COTTAGE DR 199,855 144,340 0 344,195 301.17 8431-029-025 003210 161 W COTTAGE DR 199,855 111,030 0 310,885 272.02 8431-029-026 003210 165 W COTTAGE DR 199,855 77,719 0 277,574 242.88 8431-029-033 003210 171 W COTTAGE DR 315,502 1,007,023 0 1,322,525 1,157.21 8431-029-034 003210 301 N CITRUS AVE 84,204 663,036 0 747,240 653.84 8431-029-036 003210 153 W COTTAGE DR 309,865 33,575 0 343,440 300.51 8431-029-900 003210 SITUS NOT AVAILABLE 70,442 0 0 70,442 61.64 8431-032-002 003210 155 W COLLEGE ST 180,043 62,916 0 242,959 212.59 8431-032-003 003210 151 W COLLEGE ST 1,237,691 524,376 0 1,762,067 1,541.81 8431-032-007 003210 221 N CITRUS AVE 188,752 921,567 0 1,110,319 971.53 8431-032-008 003210 211 N CITRUS AVE 348,117 1,587,516 0 1,935,633 1,693.68 8431-032-009 003210 201 N CITRUS AVE 198,785 696,568 0 895,353 783.43 8431-032-014 003210 154 W COTTAGE DR 176,820 88,403 0 265,223 232.07 8431-032-015 003210 148 W COTTAGE DR 132,449 5,495 0 137,944 120.70 8431-032-017 003210 146 W COTTAGE DR 139,804 5,495 0 145,299 127.14 8431-032-018 003210 136 W COTTAGE DR 29,186 6,763 0 35,949 31.46

Page 15 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 9 of 10

ASSESSOR'S
PARCEL
NUMBER

TRA SITUS ADDRESS ASSESSED
LAND

ASSESSED

STRUCTURE
HOME

EXEMPTION
(1)
TOTAL

ASSESSED
VALUE
CHARGE
8431-032-019 003210 132 W COTTAGE DR 45,259 12,679 0 57,938 50.70 8431-032-023 003210 239 N CITRUS AVE 334,561 82,057 0 416,618 364.54 8431-032-024 003210 223 N CITRUS AVE 1,597,872 1,065,246 0 2,663,118 2,330.23 8431-032-029 003210 SITUS NOT AVAILABLE 129,755 3,138 0 132,893 116.28 8431-032-030 003210 110 W COTTAGE DR 377,507 66,617 0 444,124 388.61 8431-032-034 003210 175 W COLLEGE ST 103,534 4,507 0 108,041 94.54 8431-032-908 003210 SITUS NOT AVAILABLE 206,209 0 0 206,209 180.43 8431-033-001 003210 145 N CITRUS AVE 160,963 162,250 0 323,213 282.81 8431-033-002 003210 143 N CITRUS AVE 92,071 260,899 0 352,970 308.85 8431-033-003 003210 141 N CITRUS AVE 294,155 196,104 0 490,259 428.98 8431-033-004 003210 139 N CITRUS AVE 22,390 46,710 0 69,100 60.46 8431-033-005 003210 137 N CITRUS AVE 286,683 191,122 0 477,805 418.08 8431-033-011 003040 140 W COLLEGE ST 356,922 1,283,274 0 1,640,196 1,435.17 8431-033-016 003040 150 N 3RD AVE 203,589 529,340 0 732,929 641.31 8431-033-019 003210 149 W BADILLO ST 74,042 55,233 0 129,275 113.12 8431-033-020 003210 145 W BADILLO ST 150,455 300,923 0 451,378 394.96 8431-033-021 003210 125 W BADILLO ST 75,221 278,353 0 353,574 309.38 8431-033-022 003210 115 W BADILLO ST 75,221 150,455 0 225,676 197.47 8431-033-023 003210 123 N CITRUS AVE 170,751 140,538 0 311,289 272.38 8431-033-024 003210 117 N CITRUS AVE 53,307 82,705 0 136,012 119.01 8431-033-025 003210 113 N CITRUS AVE 117,223 235,289 0 352,512 308.45 8431-033-026 003210 111 N CITRUS AVE 59,504 126,239 0 185,743 162.53 8431-033-030 003210 129 N CITRUS AVE 176,820 427,763 0 604,583 529.01 8431-033-031 003210 125 N CITRUS AVE 89,030 106,433 0 195,463 171.03 8431-033-032 003210 101 N CITRUS AVE 122,467 326,606 0 449,073 392.94 8431-033-033 003040 166 W COLLEGE ST 91,251 176,636 0 267,887 234.40 8431-033-034 003040 155 W BADILLO ST 233,260 360,598 0 593,858 519.63 8431-033-035 003040 158 W COLLEGE ST 333,245 620,748 0 953,993 834.74 8444-001-001 003210 107 S CITRUS AVE 579,487 321,934 0 901,421 788.74 8444-001-002 003210 117 S CITRUS AVE 195,618 0 0 195,618 171.17 8444-001-003 003210 118 W BADILLO ST 77,878 87,002 0 164,880 144.27 8444-001-005 003210 144 W BADILLO ST 77,206 325,995 0 403,201 352.80 8444-001-006 003210 150 W BADILLO ST 417,621 125,278 0 542,899 475.04 8444-001-007 003210 156 W BADILLO ST 728,087 303,365 0 1,031,452 902.52 8444-001-018 003210 125 S CITRUS AVE 1,083,037 1,220,160 0 2,303,197 2,015.30 8444-001-019 003210 141 S CITRUS AVE 266,476 510,747 0 777,223 680.07 8444-001-020 003040 166 W BADILLO ST 739,469 307,162 0 1,046,631 915.80 8444-001-901 003210 SITUS NOT AVAILABLE 76,076 0 0 76,076 66.57 8444-008-001 003040 203 S CITRUS AVE 257,445 168,706 0 426,151 372.88 8444-008-002 003040 211 S CITRUS AVE 249,560 275,833 0 525,393 459.72 8444-008-003 003040 215 S CITRUS AVE 355,433 437,457 0 792,890 693.78 8444-008-018 003040 207 S CITRUS AVE 34,854 92,379 0 127,233 111.33 8445-001-012 003210 112 E ITALIA ST 48,791 90,901 0 139,692 122.23 8445-001-013 003210 236 N CITRUS AVE 237,434 303,108 0 540,542 472.97 8445-001-014 003210 230 N CITRUS AVE 757,770 656,734 0 1,414,504 1,237.69

Page 16 of 19 ends

2022/2023 Vehicle Parking District No. 1 Page 10 of 10

ASSESSOR'S
PARCEL
NUMBER

TRA SITUS ADDRESS ASSESSED
LAND

ASSESSED

STRUCTURE
HOME

EXEMPTION
(1)
TOTAL

ASSESSED
VALUE
CHARGE
8445-001-015 003210 218 N CITRUS AVE 197,022 131,346 0 328,368 287.32 8445-001-016 003210 214 N CITRUS AVE 93,093 77,574 0 170,667 149.33 8445-001-017 003210 210 N CITRUS AVE 536,630 378,329 0 914,959 800.59 8445-001-018 003210 200 N CITRUS AVE 2,241,973 1,815,452 0 4,057,425 3,550.25 8445-001-024 003210 163 E COLLEGE ST 320,801 348,916 0 669,717 586.00 8445-001-039 003210 159 E COLLEGE ST 434,200 241,246 0 675,446 591.02 8445-001-040 003210 147 E COLLEGE ST 328,424 481,313 0 809,737 708.52 8445-001-905 003210 114 E ITALIA ST 97,595 0 0 97,595 85.40 8445-001-913 003210 125 E COLLEGE ST 90,551 0 0 90,551 79.23 8445-001-916 003210 233 N 2ND AVE 84,530 0 0 84,530 73.96 8445-009-001 003210 160 E COLLEGE ST 546,822 464,798 0 1,011,620 885.17 8445-009-002 003210 146 E COLLEGE ST 13 10 0 23 0.02
8445-009-003 003210 140 E COLLEGE ST 221,419 217,103 0 438,522 383.71 8445-009-006 003210 110 E COLLEGE ST 183,799 130,690 0 314,489 275.18 8445-009-007 003210 134 N CITRUS AVE 331,398 136,903 0 468,301 409.76 8445-009-008 003210 132 N CITRUS AVE 216,540 124,674 0 341,214 298.56 8445-009-009 003210 130 N CITRUS AVE 232,077 182,314 0 414,391 362.59 8445-009-012 003210 112 N CITRUS AVE 104,359 0 0 104,359 91.31 8445-009-013 003210 114 N CITRUS AVE 148,523 284,680 0 433,203 379.05 8445-009-014 003210 118 N CITRUS AVE 148,523 284,680 0 433,203 379.05 8445-009-027 003210 139 E BADILLO ST 259,620 174,056 0 433,676 379.47 8445-009-035 003210 126 N CITRUS AVE 44,591 67,919 0 112,510 98.45 8445-009-036 003210 122 N CITRUS AVE 401,403 267,599 0 669,002 585.38 8445-009-040 003210 132 E COLLEGE ST 104,353 45,011 0 149,364 130.69 8445-009-042 003210 175 E BADILLO ST 921,134 460,561 0 1,381,695 1,208.98 8445-009-043 003210 100 N CITRUS AVE 853,782 2,256,488 0 3,110,270 2,721.49 8445-009-046 003210 141 E BADILLO ST 671,889 0 0 671,889 587.90 8445-009-901 003210 170 E COLLEGE ST 94,393 0 0 94,393 82.59 8445-009-909 003210 114 E COLLEGE ST 174,517 0 0 174,517 152.70 8445-010-002 003210 138 E BADILLO ST 350,344 87,582 0 437,926 383.19 8445-010-003 003210 134 E BADILLO ST 350,344 87,582 0 437,926 383.19 8445-010-004 003210 126 E BADILLO ST 587,000 250,500 0 837,500 732.81 8445-010-005 003210 120 E BADILLO ST 378,885 126,295 0 505,180 442.03 8445-010-006 003210 114 E BADILLO ST 545,594 363,729 0 909,323 795.66 8445-010-009 003040 124 S CITRUS AVE 1,443,419 444,128 0 1,887,547 1,651.60 8445-010-019 003210 100 S CITRUS AVE 301,687 656,865 0 958,552 838.73 Total: $44,160,650 $45,350,993 $77,000 $89,434,643 $78,255.31 Parcel Number: 166
(1) Homeowners exemption of $77,000 removed in calculation of parcel charge.

Page 17 of 19 ends

RESOLUTION CC 2022-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS ON “VEHICLE PARKING DISTRICT NO. 1” FOR
FISCAL YEAR 2022/2023 AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS IN RELATION THERETO

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Covina, California, to levy assessments on the Vehicle Parking District No.1 for maintaining/improvement of the parking lots in said district and provide funds for acquisition of additional properties for parking lot purposes for the benefit of the properties within said Vehicle Parking District No. 1 shown on a map that is on file in the office of the City Clerk and made a part hereof, for Fiscal Year 2022/2023.

SECTION 2. That said assessment district is all of that portion of the City of Covina shown on the map on file in the office of the City Clerk, on which said map the extent of said assessment district is indicated, excepting from said district any portion of any public street or alley which may be included therein. Reference is hereby made to said map for a complete and detailed description of said Vehicle Parking District No 1. The said map so on file shall govern for all details as to the extent of said assessment district.

SECTION 3. The assessments contemplated by this Resolution of Intention shall be done under the provisions of the “Vehicle Parking District Law of 1943,” (Part 1 of Division 18, Section 31500 et seq., of the Streets and Highway Code of the State of California).

SECTION 4. That the proposed assessment rate for Fiscal Year 2022/2023 is $0.0875 per hundred dollars of assessed valuation of the properties, which is the same as the Fiscal Year 2021/2022 rate.

SECTION 5. That Tuesday, the 19th day of July, 2022, at the hour of 7:30 P.M., of said day be, and the same is hereby appointed as to time, and the Council Chamber, 125 East College Street, in the City of Covina, California, is hereby appointed as the place for hearing protests as to the question of levying and collecting assessments on the Vehicle Parking District No. 1 for Fiscal Year 2022/2023, in reference to said assessments.

SECTION 6. That the City Clerk is hereby authorized, designated, and directed to give notice of said hearing in time, form, and manner as required by law.

Page 18 of 19 ends

Resolution CC 2022-66 Page 2 of 2
SECTION 7. That the “San Gabriel Valley Examiner,” a weekly newspaper of general circulation, adjudicated and circulated within the said City of Covina, California, is hereby designated as the newspaper in which such notice shall be published.

SECTION 8. That this resolution shall take effect immediately, and the City Clerk shall certify to the passage and adoption of this resolution, shall cause the original of the same to be entered among the original resolutions of said City Council of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes at which the same is passed and adopted.

APPROVED and PASSED this 5
th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
_________________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-66 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 19 of 19 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Jul 05 2022
Title: Bus Shelter Installation Project – Award of Contract to E.C. Construction, Co. for an Amount Not-to-Exceed $128,400
Presented By: Andy Bullington, Director of Public Works Rafael Fajardo, City Engineer
Recommendation: Award contract for the Bus Shelter Installation Project to E.C. Construction, Co. as the lowest responsive and responsible bidder in an amount not-to-exceed $128,400 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Bus Shelter Installation project which consists of the installation of new bus shelters along Grand Avenue and procurement of additional transit bus stop amenities including trash receptacles and metal benches.

BACKGROUND:

In January 2021 the Citywide Bus Stop Improvement Project was completed wherein 35 transit shelters were installed citywide and included new shelters, benches, trash receptacles and various concrete sidewalk repairs located within the bus stop zones.

Since then, staff has identified five (5) transit bus stop locations along Grand Avenue that were upgraded with metal benches and trash receptacles in 2021, and are now in need of bus shelters:

1. Southwest Corner of Grand Avenue and Covina Boulevard

2. Northeast Corner of Grand Avenue and Badillo Street

3. Northwest Corner of Grand Avenue and Puente Street

4. Northeast Corner of Grand Avenue and Rowland Street

5. Southwest Corner of Grand Avenue and Rowland Street
The above locations were identified as those with some of the highest transit ridership along the Grand Avenue corridor, thus warranting bus shelter installations to better service the high volume of pedestrian traffic.

Additionally, the improvements to locations on Grand Avenue are in line with the City’s continued efforts to improve this significant arterial and complement past and future street rehabilitation projects spanning from Arrow Highway to the southerly City limits.

As such, it is recommended that a contract (Attachment A) be awarded for the Bus Shelter Installation Project to E.C. Construction Co. as the lowest responsive and responsible bidder in an amount not-to-exceed $128,400.

DISCUSSION:

Informal Request for Proposals (RFP) were requested and proposals were received with the following:

Rank Consultant Location Cost
1 E.C. Construction, Co. South El Monte, CA $128,400
2 Gentry Brothers, Inc. Irwindale, CA No Response
3 FS Contractors, Inc. Sylmar, CA No Response
Staff reviewed the proposal documents as well as the consultant’s background and recent projects for competency.

Staff determined that E.C. Construction, Co. is the successful lowest bidder.

FISCAL IMPACT:

A total funding amount of $100,000 in Proposition A Funds (Account No. 2400-TO04-55100) has been allocated within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for Bus Shelter Installation Project and $30,000 in Measure M (Account No. 24202200-55310-P2301) for the Grand Avenue Rehabilitation Project.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Minor Construction & Maintenance Services Agreement, E.C. Construction Co.

Attachment B - Proposal, E.C. Construction Co.

Respectfully submitted,

Page 2 of 25 ends

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) E.C. Construction, Co. a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform installation and procurement of bus shelters and bus stop amenities for the Bus Shelter Installation Project.

B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond June 30, 2024.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed One Hundred Twenty-Eight Thousand Four Hundred Dollars ($128,400.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Contractor’s Work.

Page 3 of 25 ends

ATTACHMENT A
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be John Walters, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.

F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.

G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Page 4 of 25 ends

ATTACHMENT A
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.

I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.

J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.

Page 5 of 25 ends

ATTACHMENT A
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.

P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.

D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.

Page 6 of 25 ends

ATTACHMENT A
be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.

6. Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee

Page 7 of 25 ends

ATTACHMENT A
of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section

6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. PERS Compliance and Indemnification.

Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.

Page 8 of 25 ends

ATTACHMENT A
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in

Page 9 of 25 ends

ATTACHMENT A
law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

Page 10 of 25 ends

ATTACHMENT A
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

Page 11 of 25 ends

ATTACHMENT A
all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.

K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.

12. Mutual Cooperation.

A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.

B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.

Page 12 of 25 ends

ATTACHMENT A

15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.

16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Contractor:

Attn: Public Works Engineering Attn: John Walters
City of Covina E.C. Construction, Co.
125 E. College Street 2213 Chico Ave
Covina, California 91723 South El Monte, CA 91733

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

Page 13 of 25 ends

ATTACHMENT A

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Exhibits. Exhibits A, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.

24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.

25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

Page 14 of 25 ends

ATTACHMENT A

28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.

All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.

30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

Page 15 of 25 ends

ATTACHMENT A
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: City Clerk
Contractor:

E.C. Construction, Co.
a California corporation
By:

Name:

Title:

By:

Name:

Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)

Page 16 of 25 ends

ATTACHMENT A

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

Page 17 of 25 ends

ATTACHMENT A

EXHIBIT B

CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such

Page 18 of 25 ends

ATTACHMENT A
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________

Page 19 of 25 ends

ATTACHMENT A

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

BUS SHELTER INSTALLATION PROJECT
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, 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 the hereby bounded Principal, his, her 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 Contract and any alteration thereof made as therein provided, on the Principal’s 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 attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications

Page 20 of 25 ends

ATTACHMENT A
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Page 21 of 25 ends

ATTACHMENT A

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

BUS SHELTER INSTALLATION PROJECT
(Project Description/Name)
WHEREAS, under the terms of the Contract, 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 the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the 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 attorneys’ 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 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section

Page 22 of 25 ends

ATTACHMENT A
1771.2, if 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 Contract or the Specifications accompanying 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.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 23 of 25 ends

ATTACHMENT A

Page 24 of 25 ends

ATTACHMENT B

Page 25 of 25 ends

ATTACHMENT B

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Jul 05 2022
Title: Citywide Street Sweeping Sign Pilot Program
Presented By: Andy Bullington, Director of Public Works Recommendation: Receive and file approval of the Citywide Street Sweeping Sign Pilot Program by the Traffic & Parking Advisory Commission at their June 14, 2022 Regular Meeting. The Traffic & Parking Advisory Commission voted unanimously for the City Council to initiate the Citywide Street Sweeping Sign Pilot Program and begin with the six locations listed above.

BACKGROUND:

The Citywide Street Sweeping Sign Pilot Program consists of the installation of permanent “Street Sweeping – No Parking Signs” at various locations throughout the City that have been identified as areas where there is illegal dumping activity or there is an accumulation of trash debris because street sweepers cannot access the curb due to parked cars. City staff has identified several locations throughout the City that would benefit from the installation of these signs in order for street sweeping to occur on their respective days and times.

Below is a listing of six locations that the City is proposing for this Pilot Program. If this Pilot Program proves to be successful, City staff will consider recommending more locations in the future to address similar problem areas throughout the City.

DISCUSSION:

The Citywide Street Sweeping Sign Pilot Program was presented to the Traffic & Parking Advisory Commission at their June 14, 2022, Regular Meeting. The Traffic & Parking Advisory Commission voted unanimously for the City Council to initiate the Citywide Street Sweeping Sign Pilot Program and begin with the six locations listed above.

FISCAL IMPACT:

The cost for purchasing and installing the signs and all pertinent equipment at the aforementioned locations is approximately $12,000. A total funding amount of $75,000 was allocated from the Environmental Fund fund balance in the City’s approved FY 2020-21 Capital Improvement Program Budget and has been designated for use for the Citywide Street Sweeping Sign Pilot Program. Unspent funding for this project from FY 2021-22 will be carried over into FY 2022-23.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The actions proposed herein have been reviewed for compliance with the California Environmental Quality Act (CEQA) and are exempt per Section 15061 (b) (3). The actions are covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

ATTACHMENTS:

Attachment A - Map Listing of Locations
Respectfully submitted,

Page 2 of 5 ends

Attachment A: Map Listing of Locations
1100-1300 Block N. Conwell Ave
800 Block W. Covina Blvd

Page 3 of 5 ends

1300-1400 Block W. San Bernardino Rd
800 Block W. Glentana St

Page 4 of 5 ends

200-300 Block E. Puente St
200-300 Block Orlando Way

Page 5 of 5 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: CC Regular Meeting - Jul 05 2022
Title: Cougar Park Parking Improvement Project – Award of Contract for construction to E.C.

Construction, Co. for an Amount of $112,215
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Award contract for the Cougar Park Parking Improvement Project for the construction to E.C. Construction, Co. as the lowest, responsible bidder in an amount of $112,215 and authorize the City Manager to execute the contract; and

2. Establish approximate 10% contingency allowance of $11,221 for additional services, if needed.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Cougar Park Parking Improvement Project which consists of the removal of existing decomposed granite (DG) parking lot and the construction of a new parking asphalt pavement parking lot including an infiltration basin that will collect all runoff water pursuant to a directive from the Regional Water Board, solar bollard lighting and other appurtenances.

DISCUSSION:

Informal Request for Proposals (RFP) were requested and the following proposals were received for construction of the Cougar Park Parking Improvement Project:

Rank Consultant Location Cost
1 E.C. Construction, Co. South El Monte $112,215
2 Gentry Brothers, Inc. Irwindale, CA $115,000
3 FS Contractors, Inc. Sylmar, CA No Response
Staff reviewed all proposal documents as well as the consultants’ background and recently completed projects for competency and responsiveness to the deliverables identified in the construction plans. Staff determined that E.C.

Construction, Co. is the successful, lowest bidder.

FISCAL IMPACT:

A total funding amount of $300,000 has been allocated within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for the Cougar Park Parking Improvement Project.

Funds Allocation Account
Measure W $100,000 2510-3400-55200-P2303
Prop 68 $200,000 4600-PR68-42177-P2303/ 4600-PR68-55200-P2303 Total Allocation $300,000
The following table represents the project summary:

PROJECT EXPENSES
Description Amount
Concrete Bid (E.C. Construction, Co.) $112,215.00
Contingency Allowance $11,221.00
EC Construction Co. Contract Amount $123,436.00
CEJ Engineers, Inc. (Inspection) $25,000.00
Total Fiscal Impact $148,436.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Minor Construction & Maintenance Agreement, E.C. Construction Co.

Attachment B - Proposal, E.C. Construction Co.

Attachment C - Professional Service Agreement, CEJ Engineers Inc.

Attachment D - Proposal, CEJ Engineers Inc.

Respectfully submitted,

Page 2 of 42 ends

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) E.C. Construction Co., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform construction for the Cougar Park Parking Lot Improvement Project.

B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed One Hundred Twelve Thousand Two Hundred Fifteen Dollars ($112,215.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

3. Contractor’s Work.

A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and

Page 3 of 42 ends

ATTACHMENT A
Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized

Page 4 of 42 ends

ATTACHMENT A
representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.

L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

Page 5 of 42 ends

4. Method of Payment.

Page 6 of 42 ends

ATTACHMENT A
Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.

6. Independent Contractor.

Page 7 of 42 ends

ATTACHMENT A
of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement,

Page 8 of 42 ends

ATTACHMENT A
Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.

10. Indemnification.

Page 9 of 42 ends

ATTACHMENT A
servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of

Page 10 of 42 ends

ATTACHMENT A
A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other

Page 11 of 42 ends

ATTACHMENT A
policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

12. Mutual Cooperation.

14. Termination or Suspension of Agreement.

Page 12 of 42 ends

ATTACHMENT A
action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.

If to City: If to Contractor:

Attn: Public Works Engineering Attn: John Walters
City of Covina E.C. Construction, Co.
125 E. College Street 2213 Chico Avenue
Covina, California 91723 So. El Monte, CA 9173

Page 13 of 42 ends

ATTACHMENT A
breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

Page 14 of 42 ends

ATTACHMENT A

Page 15 of 42 ends

ATTACHMENT A
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: City Clerk
Contractor:

E.C. Construction, Co.
a California corporation
By:

Name:

Title:

By:

Name:

Page 16 of 42 ends

ATTACHMENT A

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

Page 17 of 42 ends

ATTACHMENT A

EXHIBIT B

4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Page 18 of 42 ends

Page 19 of 42 ends

ATTACHMENT A

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

COUGAR PARK PARKING IMPROVEMENT PROJECT
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications

Page 20 of 42 ends

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 21 of 42 ends

ATTACHMENT A

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

COUGAR PARK PARKING IMPROVEMENT PROJECT
(Project Description/Name)
WHEREAS, under the terms of the Contract, 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 the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Page 22 of 42 ends

ATTACHMENT A
1771.2, if 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.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 23 of 42 ends

ATTACHMENT A

Page 24 of 42 ends

ATTACHMENT B

Page 25 of 42 ends

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide inspection services for the Cougar Park Parking Improvement Project.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Twenty-Five Thousand Dollars ($25,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

Page 26 of 42 ends

ATTACHMENT C
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

Page 27 of 42 ends

ATTACHMENT C
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such

Page 28 of 42 ends

ATTACHMENT C
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section

6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if

Page 29 of 42 ends

ATTACHMENT C
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the

Page 30 of 42 ends

ATTACHMENT C
Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.

E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

Page 31 of 42 ends

ATTACHMENT C
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

Page 32 of 42 ends

ATTACHMENT C
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.

12. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without

Page 33 of 42 ends

ATTACHMENT C
charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Joaquin Cervantes, PE City of Covina CEJ Engineers, Inc.
125 E. College Street 18800 Amar Road, Suite B13
Covina, California 91723 Walnut, CA 91789

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,

Page 34 of 42 ends

ATTACHMENT C
age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

Page 35 of 42 ends

ATTACHMENT C

29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

Page 36 of 42 ends

ATTACHMENT C
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: City Clerk
Consultant:

CEJ Engineers, Inc.,
a California corporation
By:

Name:

Title:

By:

Name:

Page 37 of 42 ends

ATTACHMENT C

EXHIBIT A

APPROVED FEE SCHEDULE

Page 38 of 42 ends

ATTACHMENT C

EXHIBIT B

SCOPE OF SERVICES

Page 39 of 42 ends

ATTACHMENT C
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 June 1, 2022

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROJECT INSPECTION SERVICES FOR COUGAR PARK IMPROVEMENT

PROJECT
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
 Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.

Respectfully Submitted,
Joaquin Cervantes, P.E.

Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789

Page 40 of 42 ends

ATTACHMENT D

PROJECT INSPECTION SERVICES FOR COUGAR PARK IMPROVEMENT PROJECT Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the subject project as indicated on Plans and Specifications to commence on or about June 20, 2022. The major tasks include the following Perform Quality Assurance monitoring, Daily Inspections, and surveillances of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;

2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;

3. Respond to all of the Construction Contractors' Requests for Information;

4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.

5. Process plans and shop drawings submittals in a timely manner, and stamp acceptable documents “Released For Construction”.

6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;

7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;

8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;

9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;

10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.

Page 41 of 42 ends

ATTACHMENT D

PROJECT INSPECTION SERVICES FOR COUGAR PARK IMPROVEMENT PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $25,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: COUGAR PARK IMPROVEMENTS
JOB NO: SUMMARY PROPOSAL FEE
DATE: 6/1/2022
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 20 $160 $3,200
Subtotal $3,200
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 218 $100 $21,800
Subtotal $21,800
Note:

Time Estimation based on a 30-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $25,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

Page 42 of 42 ends

ATTACHMENT D
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Jul 05 2022
Title: Front Street Water Main Installation Project – Award of Contract to Gentry Brothers, Inc. for an Amount Not-to-Exceed $398,600.00
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Approve plans and specifications for the Front Street Water Main Installation Project;

2. Award contract for the Front Street Water Main Installation Project to Gentry Brothers, Inc. as the lowest, responsive bidder in an amount not-to-exceed $398,600.00 and authorize the City Manager to execute contract; and

3. Authorize contingency amount of $50,000 for any unforeseen construction expenses.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Front Street Water Main Installation Project which is comprised of the installation of approximately 625 linear feet of 12-inch water main and other appurtenances from Citrus Avenue to 2nd Avenue.

Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is Gentry Brothers Inc. As such, it is recommended that a contract be awarded for the Front Street Water Main Installation Project to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in an amount not-to-exceed $398,600.00 and authorize the City Manager to execute the contract.

DISCUSSION:

The water main located between Citrus Avenue and 2nd Avenue was installed in the early 1960’s. It has reached the end of its useful life and replacement of the water main includes replacement of water service lines, isolation valves and fire hydrants. The water main in this area has been subject to several leaks annually and in recent months leaks have been discovered more frequently. The new ductile iron water main will provide safe, clean and reliable water service to the community for years to come.

A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, June 2nd & 9th 2022.

Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, June 14th, 2022. Beginning at 10:00 a.m. on June 14th, 2022, the City Clerk publicly opened and read two (2) sealed bids with the following results:

Rank Bidder Location Total Base Bid Amount
1 Gentry Brothers, Inc Irwindale, CA $398,600.00
2 Stephen Doreck Equipment Rentals, Inc Pico Rivera, CA $416,140.00 Staff has reviewed all bid documents for compliance and has evaluated the contractors' professional background and recently completed projects for competency. As a result, staff recommends the award of contract to the lowest bidder, Gentry Brothers Inc. given that this firm has completed several water main replacement projects for several public agencies in Southern California including the City of Covina.

FISCAL IMPACT:

The Front Street Water Main Installation Project is included in the adopted Fiscal Year 2022-2023 Capital Improvement Program with a total allocation of $600,000.00 from Water CIP Account No. 6011-5080-55410- W2301. Following are projected expenditures for completion of the Front Street Water Main Installation Project:

PROJECT EXPENSES
Description Amount
Base Bid (Gentry Brothers, Inc.) $398,600.00
Contingency Allowance $50,000.00
Siterep Construction Services (Inspection) $12,000.00
Total Fiscal Impact $460,600.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Bid Analysis
Attachment B - Construction Contract, Gentry
Attachment C - Proposal, Gentry Brothers, Inc
Attachment D - Proposal, Siterep Construction Services
Attachment E - Professional Service Agreement, Siterep Construction Services, Inc.

Respectfully submitted,

Page 2 of 63 ends

City of Covina
Public Works Department - Engineering Division
Front Street Water Main Installation Project
Item Description Quantity Unit Unit Price Total Unit Price Total 1 Clearing and Grubbing 1 LS $ 63,000.00 $ 63,000.00 $ 3,500.00 $ 3,500.00 2 Install 12" CL 52 D.I Water Main Line with Tyson Push on Joints per Covina Standard Drawing No. W-180 & W 010. 625 LF $ 300.00 $ 187,500.00 $ 405.00 $ 253,125.00 3 Install 8" PVC C 900 PC 235 Water Main Line including trenching per Covina Std Dwg No. W-180. 250 LF $ 150.00 $ 37,500.00 $ 215.00 $ 53,750.00 4 Remove conflicting portion of existing water service box and install 1" water service per Covina Std. Dwg No. W 101 & W 180 4 EA $ 5,000.00 $ 20,000.00 $ 6,550.00 $ 26,200.00 5 Install Jones Triton 4060-R Commercial Fire Hydrant per Covina Std Dwg No. 110-180. 2 EA $ 17,000.00 $ 34,000.00 $ 16,995.00 $ 33,990.00 6 Install 8" MJ x MJ 45⁰ bend with thrust block per Covina Std Dwg No W 140-142. 8 EA $ 1,500.00 $ 12,000.00 $ 765.00 $ 6,120.00 7 Install 12" FL x MJ Gate Valve with locking gland per Covina Std Dwg No.

W-150. 2 EA $ 6,000.00 $ 12,000.00 $ 5,050.00 $ 10,100.00 8 Install 8" FL x MJ Gate Valve with locking gland per Covina Std Dwg No.

W-150. 4 EA $ 3,500.00 $ 14,000.00 $ 2,850.00 $ 11,400.00 9 Install water main offset per Covina Std. Dwg. No. W-170 1 EA $ 9,000.00 $ 9,000.00 $ 5,465.00 $ 5,465.00 10 Install 12" x 8" reducer complete per Covina Std. Dwg. No. W 140 & W 142. 1 EA $ 2,000.00 $ 2,000.00 $ 1,520.00 $ 1,520.00
11 Install 12" x 8" T complete per Covina Std Dwg No. W 140 2 EA $ 1,800.00 $ 3,600.00 $ 1,530.00 $ 3,060.00 12 Install 8" x 8" T complete per Covina Std Dwg No. W 140 1 EA $ 1,000.00 $ 1,000.00 $ 760.00 $ 760.00 13 Connect new 12" DI to 1 EA $ 3,000.00 $ 3,000.00 $ 7,150.00 $ 7,150.00 Total $ 398,600.00 $ 416,140.00
Base Bid Gentry Brothers, Inc. #1 Stephen Doreck Equipment Rentals, Inc.

Bid Opening June 14, 2022 at 10:00 am

Page 1 of 1 ends

ATTACHMENT A Page 3 of 63

CONTRACT

CITY OF COVINA CONTRACT FOR

FRONT STREET WATER MAIN INSTALLATION PROJECT
THIS CONTRACT (“Contract”) is made and entered this 5
th day of July, 2022 (“Effective Date”),
by and between the CITY OF COVINA, a California municipal corporation (“City”) and Gentry Brothers, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 397682; Class A. Contractor’s DIR registration number is 1000002240.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Front Street Water Main Installation Project (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Three Hundred Ninety-Eight Thousand Six Hundred Dollars ($398,600.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

Page 4 of 63 ends

ATTACHMENT B
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will 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 material that is 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 provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]

Page 5 of 63 ends

ATTACHMENT B

CITY OF COVINA
By:

City Manager
ATTEST:

By:

City Clerk
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Page 6 of 63 ends

ATTACHMENT B

EXHIBIT A

Page 7 of 63 ends

ATTACHMENT B
LMB-1
12923-0001\2316874v1.doc
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to _ _____________
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

FRONT STREET WATER MAIN INSTALLATION PROJECT
PROJECT No. W 2301
(Project name)
WHEREAS, under the terms of the Contract, 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 the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the 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 attorneys’ 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.

Page 8 of 63 ends

ATTACHMENT B
LMB-2
12923-0001\2316874v1.doc
null and void; otherwise, it shall be and remain in full force and effect.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
APPROVED AS TO FORM:

By:

City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Page 9 of 63 ends

ATTACHMENT B
PB-1
12923-0001\2316874v1.doc
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to ___________ (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

FRONT STREET WATER MAIN INSTALLATION PROJECT
PROJECT No. W 2301
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($
), this amount being not less than the total Contract Price, in lawful money of the United States of America, 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 Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby

Page 10 of 63 ends

ATTACHMENT B
PB-2
12923-0001\2316874v1.doc
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
APPROVED AS TO FORM:

By:

Page 11 of 63 ends

ATTACHMENT B

Page 12 of 63 ends

ATTACHMENT C

Page 13 of 63 ends

ATTACHMENT C

Page 14 of 63 ends

ATTACHMENT C

Page 15 of 63 ends

ATTACHMENT C

Page 16 of 63 ends

ATTACHMENT C

Page 17 of 63 ends

ATTACHMENT C

Page 18 of 63 ends

ATTACHMENT C

Page 19 of 63 ends

ATTACHMENT C

Page 20 of 63 ends

ATTACHMENT C

Page 21 of 63 ends

ATTACHMENT C

Page 22 of 63 ends

ATTACHMENT C

Page 23 of 63 ends

ATTACHMENT C

Page 24 of 63 ends

ATTACHMENT C

Page 25 of 63 ends

ATTACHMENT C

Page 26 of 63 ends

ATTACHMENT C

Page 27 of 63 ends

ATTACHMENT C

Page 28 of 63 ends

ATTACHMENT C

Page 29 of 63 ends

ATTACHMENT C

Page 30 of 63 ends

ATTACHMENT C

Page 31 of 63 ends

ATTACHMENT C

Page 32 of 63 ends

ATTACHMENT C

Page 33 of 63 ends

ATTACHMENT C

Page 34 of 63 ends

ATTACHMENT C

Page 35 of 63 ends

ATTACHMENT C

Page 36 of 63 ends

ATTACHMENT C

Page 37 of 63 ends

ATTACHMENT C

Page 38 of 63 ends

ATTACHMENT C

Page 39 of 63 ends

ATTACHMENT C

Page 40 of 63 ends

ATTACHMENT C

Page 41 of 63 ends

ATTACHMENT C

Page 42 of 63 ends

ATTACHMENT C

Page 43 of 63 ends

ATTACHMENT C

Page 44 of 63 ends

ATTACHMENT C

Page 45 of 63 ends

ATTACHMENT C

Page 46 of 63 ends

ATTACHMENT C
June 13, 2022
City of Covina
Rafael Fajardo
City Engineer
125 East College St.

Covina, CA 91723
RE: FRONT STREET WATER MAIN INSTALLATION PROJECT
Dear Mr. Fajardo,
Thank you for allowing Siterep Construction Services, Inc. the opportunity to provide this proposal for inspection services related to the Front Street Water Main Installation Project.

Siterep is prepared to allocate its resources to assist the City of Covina in ensuring the work is in conformance with all local and regional standards.

Siterep’s key personnel have over 30 years of field experience in public works project construction and inspections throughout Southern California.

Siterep will provide inspection services per the attached exhibits:
• Attachment 1 – Scope of Work
• Attachment 2 – Proposed Fee
If selected for this project, Siterep looks forward to the opportunity of working with you to deliver a successful project on time and of the utmost quality for the residents of Covina.

Please feel free to contact us if you have any questions regarding our proposal or to arrange an interview.

Sincerely,
Andre Ortiz
Vice-President
Siterep Construction Services, Inc.

Page 47 of 63 ends

ATTACHMENT D
Attachment 1 – Scope of Work
Siterep will provide inspection services for the Front Street Water Main Installation Project as indicated in the plans and specifications.

1. Perform QA monitoring on a periodic basis.

2. Surveillances of contractor’s operations to assure compliance with local and regional standards as outlined in the project documents.

3. Attend regularly scheduled progress meetings with contractor to discuss solutions to potential field issues.

Exclusions:

1. Sampling/Testing

2. Overtime

3. Night Work

Page 48 of 63 ends

ATTACHMENT D
Attachment 2 – PROPOSED FEE
ITEM DESCRIPTION Unit RATE SUBTOTAL
1 Field Observer – Front Street Water Main Installation Project 1 LS $ 12,000.00 $ 12,000.00 TOTAL $ 12,000.00

Page 49 of 63 ends

ATTACHMENT D

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc. a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide inspection services for the Front Street Water Main Installation Project.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of Twelve Thousand Dollars ($12,000.00) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

3. Consultant’s Services.

Page 50 of 63 ends

ATTACHMENT E
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Andre Ortiz, Vice-President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

4. Method of Payment.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

Page 51 of 63 ends

ATTACHMENT E
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.

6. Independent Contractor.

Page 52 of 63 ends

ATTACHMENT E
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

Page 53 of 63 ends

ATTACHMENT E
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

Page 54 of 63 ends

ATTACHMENT E
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

Page 55 of 63 ends

ATTACHMENT E
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

Page 56 of 63 ends

ATTACHMENT E
Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

12. Mutual Cooperation.

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

Page 57 of 63 ends

ATTACHMENT E
Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Andre Ortiz, Vice President City of Covina Siterep Construction Services, Inc.
125 E. College Street 8644 Autumn Path Street
Covina, California 91723 Chino, CA 91708

Page 58 of 63 ends

ATTACHMENT E

19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

Page 59 of 63 ends

ATTACHMENT E

Page 60 of 63 ends

ATTACHMENT E
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name:

Title: City Clerk
Consultant:

Siterep Construction Services, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

Page 61 of 63 ends

ATTACHMENT E

EXHIBIT A

APPROVED FEE SCHEDULE

Page 62 of 63 ends

ATTACHMENT E

EXHIBIT B

SCOPE OF SERVICES

Page 63 of 63 ends

ATTACHMENT E

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: CC Regular Meeting - Jul 05 2022
Title: Police Department Generator Installation Project – Award of Contract for Design Services to CEJ Engineers, Inc. in the amount of $50,000 Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Award contract for the Police Department Generator Installation Project for Design Services to CEJ Engineers as the lowest, responsible bidder in the amount of $50,000 and authorize the City Manager to execute the contract; and

2. Establish a 10% contingency allowance of $5,000 for additional services, if needed.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Police Department Generator Installation Project – Design Phase which consists of design services for the replacement of the existing generator and the installation of a new emergency generator at Police Department Headquarters to be operational during emergencies with a minimum capacity of 48 hours.

DISCUSSION:

Informal Request for Proposals (RFP) were requested and proposals were received with the following bid amounts:

Rank Consultant Location Cost
1 CEJ Engineers, Inc. Walnut, CA $50,000
2 EC & Associates, Inc. Downey, CA $65,000
3 RSCC Engineering, Inc. Irwindale, CA No Response
Staff reviewed the proposal documents as well as the consultants’ background and recent projects for competency and responsiveness to the deliverables identified in the RFP. Staff determined that CEJ Engineers, Inc. is the successful, lowest bidder to provide design services for subsequent completion of the Police Department Generator Installation Project.

FISCAL IMPACT:

A total funding amount of $100,000 from the Building Maintenance Fund has been allocated within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for completion of the Police Department Generator Installation Project.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Professional Service Agreement, CEJ Engineers Inc Attachment B - Proposal, CEJ Engineers Inc.

Respectfully submitted,

Page 2 of 22 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc. a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide professional engineering services for the Police Department Generator Installation Project.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) one-year terms. In no event shall the contract be extended beyond June 30, 2024.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Fifty Thousand Dollars ($50,000.00) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

3. Consultant’s Services.

Page 3 of 22 ends

ATTACHMENT A
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

4. Method of Payment.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City

Page 4 of 22 ends

ATTACHMENT A
shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.

6. Independent Contractor.

Page 5 of 22 ends

ATTACHMENT A
services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

Page 6 of 22 ends

Covina City CouncilJuly 5, 2022

Covina City Council
July 5, 2022